§ 473 — Effect where tariff scheme remains in force pending reference or after Tribunal order

473.—(1) This section applies where a tariff scheme remains in force —(a)

under section 471(7) or 472(9) while a reference is pending; or

(b)

under an order of a Copyright Tribunal made under section 470(2), 471(4) or 472(6).

(2) While the tariff scheme remains in force, a person is deemed to have been granted permission in accordance with the tariff scheme if the person complies with the terms of the tariff scheme (including any variations ordered by the Tribunal) at all material times.

(3) For the purposes of subsection (2), if the terms of a tariff scheme require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person —(a)

gives the CMO operating the tariff scheme a written undertaking to pay the sum when it is ascertained; and

(b)

pays the sum to the CMO as soon as practicable when it is ascertained.

(4) If —(a)

while the tariff scheme remains in force, a person does an act that —(i)

is a rights infringement; but

(ii)

would not be a rights infringement if permission had been granted under the tariff scheme; and

(b)

the terms of the tariff scheme require the payment of a sum for the grant of that permission,

the sum is recoverable as a debt due by the person to the CMO.

(5) Upon the payment or recovery of the sum mentioned in subsection (4), the person is deemed for the purposes of subsection (2) to have complied with the terms of the tariff scheme so far as they relate to the payment of the sum.

—(1) This section applies where a tariff scheme remains in force —(a)

under section 471(7) or 472(9) while a reference is pending; or

(b)

under an order of a Copyright Tribunal made under section 470(2), 471(4) or 472(6).

(2) While the tariff scheme remains in force, a person is deemed to have been granted permission in accordance with the tariff scheme if the person complies with the terms of the tariff scheme (including any variations ordered by the Tribunal) at all material times.

(3) For the purposes of subsection (2), if the terms of a tariff scheme require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person —(a)

gives the CMO operating the tariff scheme a written undertaking to pay the sum when it is ascertained; and

(b)

pays the sum to the CMO as soon as practicable when it is ascertained.

(4) If —(a)

while the tariff scheme remains in force, a person does an act that —(i)

is a rights infringement; but

(ii)

would not be a rights infringement if permission had been granted under the tariff scheme; and

(b)

the terms of the tariff scheme require the payment of a sum for the grant of that permission,

the sum is recoverable as a debt due by the person to the CMO.

(5) Upon the payment or recovery of the sum mentioned in subsection (4), the person is deemed for the purposes of subsection (2) to have complied with the terms of the tariff scheme so far as they relate to the payment of the sum.