Page:Copyright Act 1987.pdf/130

130 (7) Nothing in this section shall prevent a licence scheme in respect of which an order has been made under section 160 or 161 from being again referred to the Tribunal under that section—
 * (a) insofar as the scheme relates to cases included in a class of cases to which the order does not apply—at any time; and
 * (b) insofar as the scheme relates to cases included in the class of cases to which the order applied while it was in force—after the expiration of the order.

Application to Tribunal in relation to licences

163.—(1) A person who claims, in a case to which a licence scheme applies, that the licensor operating the scheme has refused or failed to grant him a licence in accordance with the scheme, or to procure the grant to him of such a licence, may apply to the Tribunal under this section.

(2) A person who claims, in a case to which a licence scheme applies, that he requires a licence but that the grant of a licence in accordance with the scheme would, in that case, be subject to the payment of charges, or to conditions, that are not reasonable in the circumstances of the case may apply to the Tribunal under this section.

(3) A person who claims that he requires a licence in a case to which a licence scheme does not apply (including a case where a licence scheme has not been formulated or is not in operation) and—
 * (a) that a licensor has refused or failed to grant the licence, or to procure the grant of the licence, and that in the circumstances it is unreasonable that the licence should not be granted; or
 * (b) that a licensor proposes that the licence should be granted subject to the payment of charges, or to conditions, that are unreasonable,

may apply to the Tribunal under this section.

(4) An organisation that claims that it is representative of persons requiring licences in cases to which a licence scheme does not apply (including cases where a licence scheme has not been formulated or is not in operation) and—