The Copyright Tribunal Rules 2010

Power to reject

9.—(1) The Tribunal may, after giving the parties an opportunity to be heard, reject an application in whole or in part at any stage in the proceedings if—

(a) it considers that the Tribunal has no jurisdiction to hear the application;

(b) it considers that the applicant

(i) does not have a sufficient interest in the application; or

(ii) is not an organisation that is representative of a class of persons that have a sufficient interest in the application;

(c) it considers, in accordance with relevant provision of the Act, that the application is premature;

(d) it considers that the application is an abuse of the Tribunal’s process;

(e) it considers that the application discloses no reasonable grounds for bringing the application.

(2) When the Tribunal rejects an application it may make any consequential order it considers appropriate.

(3) For the purposes of paragraph (1)(c), the relevant provision means—

(a) section 118(2), where the reference is made under section 118;

(b) section 125(2), where the reference is made under section 125;

(c) paragraph 3(2) of Schedule 2A, where the reference is made under paragraph 3 of Schedule 2A and

(d) paragraph 10(2) of Schedule 2A, where the reference is made under paragraph 10 of Schedule 2A.