The Copyright Tribunal Rules 1989

Commencement of proceedings (Forms 1 & 2)

3.—(1) Proceedings in relation to a reference or an application with respect to a licensing scheme shall be commenced by the service on the Secretary by the applicant of a notice–

(a) in Form 1 in the case of a reference under section 118, 119 or 120 of the Act,

(b) in Form 2 in the case of an application for the grant of a licence or a review of the Tribunal’s order under section 121 or 122 of the Act,

together with a statement of the applicant’s case.

(2) As soon as practicable after receipt of the notice, the Secretary shall serve a copy of the same (with a copy of the applicant’s statement) on the operator of the licensing scheme named in the notice and, in the case of a further reference under section 120 of the Act or an application for a review of an order under section 122 of the Act, as the case may be, on every person who was a party to the proceedings when the order of the Tribunal was made.

(3) In the case of a reference under section 118 of the Act the Tribunal shall, as soon as practicable after the receipt of the applicant’s notice, decide whether to entertain the reference and may for that purpose, at its discretion, allow representations in writing to be made by the applicant or the operator of the scheme or both and if, after considering the reference and representations (if any), the Tribunal–

(a) decides to entertain the reference, it shall give such directions as to the taking of any steps required or authorised under these Rules, or as to any further matter (including any order as to costs) as the Tribunal thinks fit, and

(b) declines to entertain the reference, it shall direct that no further proceedings shall be taken by any party in connection with the reference, otherwise than in relation to any order for costs which the Tribunal may make under rule 48.

(4) The decision of the Tribunal shall be in writing and shall include a statement of its reasons, and the Secretary shall serve a copy thereof on the applicant and the operator of the licensing scheme.