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Copyright, Designs and Patents Act 1988

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This is the original version (as it was originally enacted).

120Further reference of scheme to tribunal

(1)Where the Copyright Tribunal has on a previous reference of a licensing scheme under section 118 or 119, or under this section, made an order with respect to the scheme, then, while the order remains in force—

(a)the operator of the scheme,

(b)a person claiming that he requires a licence in a case of the description to which the order applies, or

(c)an organisation claiming to be representative of such persons,

may refer the scheme again to the Tribunal so far as it relates to cases of that description.

(2)A licensing scheme shall not, except with the special leave of the Tribunal, be referred again to the Tribunal in respect of the same description of cases—

(a)within twelve months from the date of the order on the previous reference, or

(b)if the order was made so as to be in force for 15 months or less, until the last three months before the expiry of the order.

(3)A scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.

(4)The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

(5)The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

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