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Section 27D

Further reference of licensing scheme to Tribunal

of Copyright Act 1987

ActIn forceProvision 43 of 111
Section 27D

(a)

the operator of the licensing scheme;

(b)

a person claiming that he requires a licence in a case of the description to which the order applies;

(c)

an organization claiming to be representative of such persons; or

(d)

a person who has been granted a licence to which the licensing scheme applies, may again refer the licensing scheme 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 again referred to the Tribunal in respect of the same description of cases—

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(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 fifteen months or less, until the last three months before the expiry of the order.

(3)

A licensing 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 licensing 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)

An order under subsection (4) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.