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

Copyright Tribunals (Procedure) Regulations 2021

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—(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.

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