Page:Copyright Act, 1956 (United Kingdom).djvu/45

  (3) The parties to a reference under this section shall be— (a) the licensing body, organisation or person at whose instance the reference is made;

(b) the licensing body operating the scheme to which the reference relates, if the reference is not made at their instance; and

(c) such other organisations or persons (if any) as apply to the tribunal to be made parties to the reference and, in accordance with the provisions applicable in that behalf by vintue of subsection (5) of this section, are made parties thereto. (4) Subject to the next following subsection, the tribunal, on any reference under this section, shall consider the matter in dispute, and, after giving to the parties to the reference an opportunity of presenting their cases respectively, shall make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases of the class in question, either by way of confirming, varying or further varying the scheme, as the tribunal may determine to be reasonable in the circumstances.

(5) Subsections (3), (4), (6) and (7) of the last preceding section shall apply for the purposes of this section.

(6) The preceding provisions of this section shall have effect in relation to orders made under this section as they have effect in relation to orders made under the last preceding section.

(7) Nothing in this section shall be construed as preventing a licence scheme, in respect of which an order has been made under the last preceding section, from being again referred to the tribunal under that section, either— (a) at any time, in so far as the scheme relates to cases of a class to which the order does not apply, or (b) after the expiration of the order, in so far as the scheme relates to cases of the class to which the order applied while it was in force.

27.—(1) For the purposes of this Part of this Act a case shall be taken to be covered by a licence scheme if, in accordance with licence scheme for the time being in operation, licences would be granted in cases of the class to which that case belongs: Provided that where, in accordance with the provisions of a licence scheme,— (a) the licences which would be 'so granted would be subject to terms and conditions whereby particular matters would be excepted from the licences, and 41