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Copyright Tribunals (Procedure) Regulations 2021 · reg 55

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reg 55Section 474 — application against CMO for unreasonable terms (where tariff scheme applies)

(1)

An application to a Tribunal under section 474(1)(a)(ii) must —

(a)

be made by the person (X) who claims, in a case to which a tariff scheme applies, that the terms of the tariff scheme for granting (or procuring the grant of) permission to X are unreasonable in the circumstances;

(b)

set out the circumstances or events giving rise to the application and, in particular, must —

(i)

specify the case in which the grant of permission is required by X;

(ii)

specify the tariff scheme applicable in that case;

(iii)

state the name of the CMO operating the tariff scheme; and

(iv)

specify the terms that the grant of permission would, in that case, be subject to and that are claimed by X to be unreasonable in the circumstances of the case;

(c)

request the Tribunal to make an order under section 474(4); and

(d)

be in the specified form.

(2)

The parties to the application are —

(a)

the CMO operating the tariff scheme; and

(b)

X.

Subregulation 1

An application to a Tribunal under section 474(1)(a)(ii) must —

(a)

be made by the person (X) who claims, in a case to which a tariff scheme applies, that the terms of the tariff scheme for granting (or procuring the grant of) permission to X are unreasonable in the circumstances;

(b)

set out the circumstances or events giving rise to the application and, in particular, must —

(i)

specify the case in which the grant of permission is required by X;

(ii)

specify the tariff scheme applicable in that case;

(iii)

state the name of the CMO operating the tariff scheme; and

(iv)

specify the terms that the grant of permission would, in that case, be subject to and that are claimed by X to be unreasonable in the circumstances of the case;

(c)

request the Tribunal to make an order under section 474(4); and

(d)

be in the specified form.

Subregulation 2

The parties to the application are —

(a)

the CMO operating the tariff scheme; and

(b)

X.