Copyright, Designs and Patents Act 1988

Jurisdiction and procedure U.K.

149 Jurisdiction of the Tribunal. U.K.

The function of the Copyright Tribunal is to hear and determine proceedings under—

[F1 (za) section 73 (determination of royalty or other remuneration to be paid with respect to re-transmission of broadcast including work);]

(a) section 118, 119, or 120 (reference of licensing scheme);

(b) section 121 or 122 (application with respect to entitlement to licence under licensing scheme);

(c) section 125, 126 or 127 (reference or application with respect to licensing by licensing body);

[F2 (cc) section 135D or 135E (application or reference with respect to use as of right of sound recordings in broadcasts or cable programme services);]

(d) section 139 (appeal against order as to coverage of licensing scheme or licence);

(e) section 142 (application to settle royalty or other sum payable for rental of sound recording, film or computer program);

(f) section 144(4) (application to settle terms of copyright licence available as of right);

(g) section 190 (application to give consent for purposes of Part II on behalf of performer);

(h) paragraph 5 of Schedule 6 (determination of royalty or other remuneration to be paid to trustees for the Hospital for Sick Children).

Textual Amendments

F1 S. 149(za) inserted (1.10.1996) by 1996 c. 55, s. 138, Sch. 9 para. 3 (with s. 43(6)); S.I. 1996/2120, art. 4(1), Sch. 1

F2 S. 149(cc) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 175(2)

Modifications etc. (not altering text)

C1 S. 149 amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 176, Sch. 17 para. 7(1)

150 General power to make rules. U.K.

(1) The Lord Chancellor may, after consultation with the Lord Advocate, make rules for regulating proceedings before the Copyright Tribunal and, subject to the approval of the Treasury, as to the fees chargeable in respect of such proceedings.

(2) The rules may apply in relation to the Tribunal—

(a) as respects proceedings in England and Wales, any of the provisions of the M1 Arbitration Act 1950;

(b) as respects proceedings in Northern Ireland, any of the provisions of the M2 Arbitration Act (Northern Ireland) 1937;

and any provisions so applied shall be set out in or scheduled to the rules.

(3) Provision shall be made by the rules—

(a) prohibiting the Tribunal from entertaining a reference under section 118, 119 or 120 by a representative organisation unless the Tribunal is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent;

(b) specifying the parties to any proceedings and enabling the Tribunal to make a party to the proceedings any person or organisation satisfying the Tribunal that they have a substantial interest in the matter; and

(c) requiring the Tribunal to give the parties to proceedings an opportunity to state their case, in writing or orally as the rules may provide.

(4) The rules may make provision for regulating or prescribing any matters incidental to or consequential upon any appeal from the Tribunal under section 152 (appeal to the court on point of law).

(5) Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M1 1950 c. 27.

M2 1937 c. 8 (N.I.).

151 Costs, proof of orders, &c. U.K.

(1) The Copyright Tribunal may order that the costs of a party to proceedings before it shall be paid by such other party as the Tribunal may direct; and the Tribunal may tax or settle the amount of the costs, or direct in what manner they are to be taxed.

(2) A document purporting to be a copy of an order of the Tribunal and to be certified by the chairman to be a true copy shall, in any proceedings, be sufficient evidence of the order unless the contrary is proved.

(3) As respect proceedings in Scotland, the Tribunal has the like powers for securing the attendance of witnesses and the production of documents, and with regard to the examination of witnesses on oath, as an arbiter under a submission.

Valid from 01/11/1996

[F3 151A Award of interest. U.K.

(1) Any of the following, namely—

(a) a direction under section 123(3) so far as relating to a licence for broadcasting a work or including a work in a cable programme service;

(b) a direction under section 128(3) so far as so relating;

(c) an order under section 135D(1); and

(d) an order under section 135F confirming or varying an order under section 135D(1),

may award simple interest at such rate and for such period, beginning not earlier than the relevant date and ending not later than the date of the order, as the Copyright Tribunal thinks reasonable in the circumstances.

(2) In this section “the relevant date” means—

(a) in relation to a direction under section 123(3), the date on which the reference was made;

(b) in relation to a direction under section 128(3), the date on which the reference or application was made;

(c) in relation to an order section 135D(1), the date on which the first payment under section 135C(2) became due; and

(d) in relation to an order under section 135F, the date on which the application was made.]

Textual Amendments

F3 S. 151A inserted (1.11.1996 with effect as mentioned in s. 139(3)) by 1996 c. 55, s. 139(2) (with s. 43(6)); S.I. 1996/2120, art. 5, Sch. 2