The Copyright Tribunal Rules 1989

Appeal to the Court from decision of Tribunal and suspension of Tribunal’s orders

Notice of appeal (Form 17)

42.—(1) An appeal to the High Court or, in the case of proceedings of the Tribunal in Scotland, to the Court of Session under section 152 of the Act on a point of law arising from a decision of the Tribunal shall be brought within 28 days of the date of the decision of the Tribunal or within such further period as the court may, on an application to it, allow.

(2) A party so appealing to the court on a point of law shall as soon as may be practicable serve on the Secretary a notice in Form 17 of such an appeal, and shall serve a copy thereof on every person who was a party to the proceedings giving rise to that decision.

(3) Where an appeal has been lodged with the court, the Tribunal shall not make any further order on the reference or application which is the subject of the appeal until the court has given its decision thereon.

(4) On receipt of the notice of appeal by the Secretary the Tribunal may of its own motion suspend the operation of any order contained in its decision, and shall, if an order is so suspended, cause notice of the same to be served on every person affected by the suspension and may, if it thinks fit, cause notice of the suspension to be published in such manner as it may direct.

Application for suspension of order (Form 18)

43.—(1) A party to the proceedings may, pending the determination of an appeal under rule 42, apply to the Tribunal to suspend the operation of an order made by it by serving on the Secretary a notice in Form 18 within 7 days of the receipt of the decision of the Tribunal together with a statement of the grounds for suspension, and he shall serve a copy of the same on every person who was a party to the proceedings giving rise to that decision and inform the Secretary of the date of such service.

(2) Within 14 days of the service of the notice under paragraph (1) above a party may serve on the Secretary a statement setting out the grounds of his objection to the applicant’s case, and shall serve a copy of the same on every person who was a party to the proceedings giving rise to the decision and inform the Secretary of the date of such service.

(3) Rules 10 to 16 shall apply to proceedings in respect of an application under this rule as they apply to proceedings in respect of an application under rule 3.

(4) Where the Tribunal, after consideration of the application and any representations, refuses an application to suspend the operation of its order, the Secretary shall as soon as practicable serve on every party to the proceedings a copy of the Tribunal’s decision together with a statement of the Tribunal’s reasons for refusal.

(5) Where any order of the Tribunal has been suspended upon the application of a party to the proceedings or by the court the Secretary shall serve notice of the suspension on all parties to the proceedings, and if particulars of the order have been advertised shall cause notice of the suspension to be advertised in the same manner, and rule 18 shall apply with regard to the publication of the decision.

Intervener’s application (Forms 5 & 6)

44.  A person or organisation who claims to have a substantial interest in proceedings in respect of an application under rule 43 may, in accordance with rule 23, apply to the Tribunal to be made a party, and that rule shall apply to proceedings in respect of such an application as it applies to proceedings in respect of an application under rule 20.

Effect of suspension of order

45.  If the operation of any order is suspended under rule 42 or 43, then, while the order remains suspended, sections 123 and 128 of the Act shall not have effect in relation to the order.