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Section 472 — review of orders made in respect of tariff scheme

Copyright Tribunals (Procedure) Regulations 2021

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—(1) A reference of a tariff scheme to a Tribunal under section 472(2) in respect of an existing order mentioned in section 472(1) must —(a)be made by —(i)the CMO operating the tariff scheme;(ii)an intending user of the tariff scheme; or(iii)an organisation that claims to be representative of intending users of the tariff scheme;(b)set out the circumstances or events giving rise to the reference and, in particular, must —(i)specify the date on which the existing order was made and the relevant case file number;(ii)state whether the person referring the scheme is the CMO, intending user or organisation mentioned in sub‑paragraph (a)(i), (ii) or (iii);(iii)specify the class of cases to which the reference relates;(iv)state the name of the other party to the dispute that gave rise to the reference;(v)set out particulars of the matter in dispute; and(vi)where permission of a Tribunal is required for bringing the reference —(A)if that permission has already been granted — specify the date when a Tribunal granted the permission and the relevant case file number; and(B)in any other case — state the grounds on which permission is sought for the making of the reference and request the Tribunal to grant permission for bringing the reference;(c)request the Tribunal to make an order under section 472(6); and(d)be in the specified form.(2) Where the reference is made by an organisation that claims to be representative of intending users of the tariff scheme, the Tribunal must, before determining the question whether the organisation is reasonably representative of the class of persons that it claims to represent, give to the following persons an opportunity to present a case in relation to that question:(a)each party to the reference;(b)each person who has applied to be made a party to the reference and whose application has yet to be decided.(3) The parties to the reference are —(a)the CMO, intending user or organisation referring the tariff scheme;(b)if the reference is not made by the CMO operating the tariff scheme — that CMO; and(c)the organisations or persons (if any) that are made parties to the reference under regulation 34.

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