Page:Copyright Act 1987.pdf/127

Rh :(a) an organisation claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or
 * (b) any person claiming that he requires a licence in a case included in a class of cases to which the scheme applies,

the licensor, organisation or person concerned may refer the scheme to the Tribunal insofar as the scheme relates to cases included in that class.

(2) The parties to a reference under this section are—
 * (a) the licensor, organisation or person referring the scheme;
 * (b) if the reference is not made by the licensor operating the scheme—that licensor; 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 subsection (3), are made parties to the reference.

(3) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to a reference, and the Tribunal is satisfied that the organisation or person has a substantial interest in the matter in dispute, the Tribunal may, if it thinks fit, make that organisation or person a party to the reference.

(4) The Tribunal shall not begin to consider a reference under this section by an organisation unless the Tribunal is satisfied that the organisation is reasonably representative of the class of persons that it claims to represent.

(5) Subject to subsection (4), where a licence scheme is referred to the Tribunal under this section, the Tribunal shall consider the matter in dispute and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order, either confirming or varying the scheme, insofar as it relates to cases included in the class of cases to which the reference relates, as the Tribunal considers reasonable in the circumstances.