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Copyright Tribunals (Procedure) Regulations 2021 · reg 57

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reg 57Section 474 — application against CMO by organisation representing users (where no tariff scheme applicable or in force)

(1)

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

(a)

be made by the organisation (Z) that is representative of persons to which section 474(1)(b) applies;

(b)

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

(i)

specify the cases in which one or more grants of permission are required by persons represented by Z;

(ii)

state the name of the CMO concerned;

(iii)

if section 474(1)(b)(ii)(A) is applicable — specify the dates or the approximate dates on which the CMO was requested to grant permissions to persons represented by Z, or to procure the grant of permissions; and

(iv)

if section 474(1)(b)(ii)(B) is applicable — specify the terms that the CMO proposes that permissions to be granted to persons represented by Z should be subject to and that are claimed by Z to be unreasonable;

(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 concerned; and

(b)

Z.

Subregulation 1

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

(a)

be made by the organisation (Z) that is representative of persons to which section 474(1)(b) applies;

(b)

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

(i)

specify the cases in which one or more grants of permission are required by persons represented by Z;

(ii)

state the name of the CMO concerned;

(iii)

if section 474(1)(b)(ii)(A) is applicable — specify the dates or the approximate dates on which the CMO was requested to grant permissions to persons represented by Z, or to procure the grant of permissions; and

(iv)

if section 474(1)(b)(ii)(B) is applicable — specify the terms that the CMO proposes that permissions to be granted to persons represented by Z should be subject to and that are claimed by Z to be unreasonable;

(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 concerned; and

(b)

Z.