Copyright Tribunals (Procedure) Regulations 2021 · reg 55
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Open the official textreg 55Section 474 — application against CMO for unreasonable terms (where tariff scheme applies)
An application to a Tribunal under section 474(1)(a)(ii) must —
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;
set out the circumstances or events giving rise to the application and, in particular, must —
specify the case in which the grant of permission is required by X;
specify the tariff scheme applicable in that case;
state the name of the CMO operating the tariff scheme; and
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;
request the Tribunal to make an order under section 474(4); and
be in the specified form.
The parties to the application are —
the CMO operating the tariff scheme; and
X.
Subregulation 1
An application to a Tribunal under section 474(1)(a)(ii) must —
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;
set out the circumstances or events giving rise to the application and, in particular, must —
specify the case in which the grant of permission is required by X;
specify the tariff scheme applicable in that case;
state the name of the CMO operating the tariff scheme; and
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;
request the Tribunal to make an order under section 474(4); and
be in the specified form.
Subregulation 2
The parties to the application are —
the CMO operating the tariff scheme; and
X.