Page:Copyright Act 1987.pdf/131

Rh :(a) that a licensor has refused or failed to grant the licences, or to procure the grant of the licences, and that in the circumstances it is unreasonable that the licences should not be granted; or
 * (b) that a licensor proposes that the licences should be granted subject to the payment of charges, or to conditions, that are unreasonable,

may apply to the Tribunal under this section.

(5) 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 an application under subsection (1), (2), (3) or (4), 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 application.

(6) Where an application is made to the Tribunal under subsection (1), (2), (3) or (4), the Tribunal shall give to the applicant, to the licensor concerned and to every other party (if any) to the application an opportunity of presenting their cases and, if the Tribunal is satisfied that the claim of the applicant is well-founded, the Tribunal shall make an order specifying, in respect of the matters specified in the order—
 * (a) in the case of an application under subsection (1)—the charges, if any, and the conditions, that the Tribunal considers to be applicable in accordance with the licence scheme in relation to the applicant;
 * (b) in the case of an application under subsection (2) or (3)—the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; or
 * (c) in the case of an application under subsection (4)—the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to persons, or to persons included in classes of persons,