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Part 3 · Applications and References to Tribunal

34. Applications to be made party to case

(1)

An application to a Tribunal to be made a party to a case must —

(a)

be made within 14 days after the date when notice of the bringing of the case was advertised under regulation 29(1);

(b)

specify the date when the case was brought and the relevant case file number;

(c)

set out the interest of the applicant —

(i)

where the case is a reference under section 470(1), 471(2) or 472(2) — in the operation of the tariff scheme to which the reference relates;

(ii)

where the case is an application for permission of a Tribunal under section 472(4) to bring a reference — in the operation of the tariff scheme to the extent that it relates to the class of cases specified in that application; and

(iii)

where sub‑paragraphs (i) and (ii) do not apply — in the matter in dispute; and

(d)

request the Tribunal to make the applicant a party to the case.

(2)

The Tribunal must give an opportunity to present a case to —

(a)

the applicant;

(b)

each party to the case; and

(c)

any other person who has applied to be made a party to the case.

(3)

Where an organisation (whether claiming to be representative of persons requiring permission under a tariff scheme or not) or a person (whether requiring permission under a tariff scheme or not) applies to be made a party to —

(a)

a reference in relation to section 470(1), 471(2) or 472(2); or

(b)

an application in relation to section 472(4),the Tribunal may make that organisation or person a party to the reference or application if the Tribunal is satisfied that the organisation or person has a substantial interest in the operation of the tariff scheme to which the reference or application relates.

(4)

An interlocutory application under this regulation must be dealt with at any preliminary hearing fixed under regulation 30 or at the hearing of the case to which it relates.

Subregulation 1

An application to a Tribunal to be made a party to a case must —

(a)

be made within 14 days after the date when notice of the bringing of the case was advertised under regulation 29(1);

(b)

specify the date when the case was brought and the relevant case file number;

(c)

set out the interest of the applicant —

(i)

where the case is a reference under section 470(1), 471(2) or 472(2) — in the operation of the tariff scheme to which the reference relates;

(ii)

where the case is an application for permission of a Tribunal under section 472(4) to bring a reference — in the operation of the tariff scheme to the extent that it relates to the class of cases specified in that application; and

(iii)

where sub‑paragraphs (i) and (ii) do not apply — in the matter in dispute; and

(d)

request the Tribunal to make the applicant a party to the case.

Subregulation 2

The Tribunal must give an opportunity to present a case to —

(a)

the applicant;

(b)

each party to the case; and

(c)

any other person who has applied to be made a party to the case.

Subregulation 3

Where an organisation (whether claiming to be representative of persons requiring permission under a tariff scheme or not) or a person (whether requiring permission under a tariff scheme or not) applies to be made a party to —

(a)

a reference in relation to section 470(1), 471(2) or 472(2); or

(b)

an application in relation to section 472(4),the Tribunal may make that organisation or person a party to the reference or application if the Tribunal is satisfied that the organisation or person has a substantial interest in the operation of the tariff scheme to which the reference or application relates.

Subregulation 4

An interlocutory application under this regulation must be dealt with at any preliminary hearing fixed under regulation 30 or at the hearing of the case to which it relates.

Report

Part 4

Records Royalty System Inquiry Procedure

Part 5

References to General Division of High Court

Schedules