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Copyright, Designs and Patents Act 1988

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This is the original version (as it was originally enacted).

148Constitution for purposes of proceedings

(1)For the purposes of any proceedings the Copyright Tribunal shall consist of—

(a)a chairman, who shall be either the chairman or a deputy chairman of the Tribunal, and

(b)two or more ordinary members.

(2)If the members of the Tribunal dealing with any matter are not unanimous, the decision shall be taken by majority vote; and if, in such a case, the votes are equal the chairman shall have a further, casting vote.

(3)Where part of any proceedings before the Tribunal has been heard and one or more members of the Tribunal are unable to continue, the Tribunal shall remain duly constituted for the purpose of those proceedings so long as the number of members is not reduced to less than three.

(4)If the chairman is unable to continue, the chairman of the Tribunal shall—

(a)appoint one of the remaining members to act as chairman, and

(b)appoint a suitably qualified person to attend the proceedings and advise the members on any questions of law arising.

(5)A person is “suitably qualified” for the purposes of subsection (4)(b) if he is, or is eligible for appointment as, a deputy chairman of the Tribunal.

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