Page:Copyright Act 1987.pdf/129

Rh (2) A licence scheme shall not, except with the leave of the Tribunal, be referred again to the Tribunal under subsection (1) at a time earlier than—
 * (a) where the order concerned was made so as to be in force indefinitely or for a period exceeding 15 months—the expiration of the period of 12 months commencing on the date on which the order was made; or
 * (b) where the order concerned was made so as to be in force for a period not exceeding 15 months—the commencement of the period of 3 months ending on the date of expiration of the order.

(3) 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 the provisions applicable in that behalf by virtue of subsection (5), are made parties to the reference.

(4) Subject to subsection (5), 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 in relation to the scheme as previously confirmed or varied, insofar as it relates to cases included in the class of cases to which the reference relates, whether by way of confirming, varying or further varying the scheme, as the Tribunal considers reasonable in the circumstances.

(5) Section 161(3), (4) and (6) to (10) inclusive shall apply for the purposes of this section.

(6) Subsections (1) to (5) shall have effect in relation to orders made under this section in like manner as they have effect in relation to orders made under either section 160 or 161.