Singapore legislation

Regulation 70

of Copyright Tribunals (Procedure) Regulations 2021

Regulation 70

Request for reference of question of law to Court

Subregulation 1

For the purposes of section 494(3)(b), a request to a Tribunal for the reference of a question of law in a case to the Court must —

(a)

be in the specified form;

(b)

state the name of the party making the request;

(c)

specify the question of law;

(d)

request the Tribunal to refer that question to the Court;

(e)

be signed by or on behalf of the party making the request; and

(f)

be filed.

Subregulation 2

The party making the request must cause a written notice of the making of the request, together with a sealed copy of the request, to be served on every other party to the case —

(a)

where the hearing of the case to which the request relates has not started or has been adjourned — within 7 days after the request is filed but not later than the date fixed for the start of the hearing or to which the hearing has been adjourned; or

(b)

in any other case — within 7 days after the request is filed.

Subregulation 3

For the purposes of paragraph (2), a notice of the making of a request must —

(a)

be addressed to the party (X) on whom it is served; and

(b)

inform X that X may, within 21 days after service of the notice, present a case in writing to the Tribunal in relation to the request.

Subregulation 4

Each party to the request may present a case in writing to the Tribunal in relation to the request —

(a)

for the party making the request — within 21 days after the request is filed; or

(b)

for every other party to the case — within 21 days after service on that party of the notice.

Subregulation 5

Despite paragraph (4), the Tribunal may give to each party mentioned in that paragraph an opportunity to present a case orally to the Tribunal.

Subregulation 6

The secretary must cause a notice of the decision of the Tribunal on the request to be served on —

(a)

the party that made the request; and

(b)

each party that —

(i)

presented a case to the Tribunal in relation to the request; or

(ii)

notified the Tribunal that the party wished to be informed of the decision.