INTELECTUAL PROPERTY
RIGHTS
NATIONAL LEGISLATION
- BARBADOS
Copyright and
Related Rights Laws and Treaties
Copyright Act, 1998
Use of Work for
Educational Purposes
Acts done for purposes of instruction
or examination
-
- Copyright in a literary, dramatic, musical or
artistic work is not infringed by its being copied in the course of
instruction or of preparation for instruction, if the copying is
done by a person giving or receiving instruction and is not by means
of a reprographic process.
- Copyright in a sound recording, film, broadcast
or cable programme is not infringed by its being copied by making a
film or film sound track in the course of instruction, or of
preparation for instruction, in the making of films or film sound
tracks, if the copying is done by a person giving or receiving
instruction.
- Copyright in a work is not infringed by
anything done for the purposes of an examination by way of setting
the questions, communicating the questions to candidates or
answering the questions.
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Anthologies
for educational use
-
- The inclusion in a collection intended for use
in educational establishments of a short passage from a published
literary or dramatic work does not infringe copyright in the work if
- the collection is described in the title
and in any advertisement thereof issued by or on behalf of the
publisher, as being so intended;
- the work was not itself published for the
use of educational establishments;
- the collection consists mainly of material
in which no copyright subsists; and
- the inclusion is accompanied by a
sufficient acknowledgment.
- Subsection (1) does not authorise the inclusion
of more than two excerpts from protected works by the same author in
a collection published by the same publisher over any period of five
years.
- In relation to any given passage, the reference
in subsection (2) to excerpts from works by the same author
- shall be taken to include excerpts from
works by him in collaboration with another; and
- if the passage in question is from such a
work, shall be taken to include excerpts from works by any of
the authors, whether alone or in collaboration with another.
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Recording of
broadcast, etc., by
educational establishments
-
- Subject to subsection (2), a recording of a
broadcast or cable programme or a copy of such a recording may be
made by or on behalf of an educational institution for the
educational purposes of that institution without thereby infringing
the copyright in the broadcast or cable programme or in any work
included in it.
- Subsection (1) shall not apply if or to the
extent that there is a licensing scheme certified pursuant to
section 100 for the purposes of this section.
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Restriction
on reprographic copying by
educational establishment
-
- Subject to this section, reprographic copies of
passages from published literary, dramatic or musical works may be
made by or on behalf of an educational institution for the purposes
of instruction without infringing any copyright in the work or in
the typographical arrangement.
- Not more than five percent of any work may be
copied by or on behalf of an educational institution by virtue of
this section in any one period of three months.
- Copying is not authorised by this section if,
or to the extent that, licences are available authorising the
copying in question and the person making the copies knew or ought
to have been aware of that fact.
- Where a licence is granted to an educational
institution authorising the reprographic copying of passages from
any published literary, dramatic or musical work, for use by the
institution, then, any term of that licence which purports to
restrict the proportion of work which may be copied, whether on
payment or free of charge, to less than that permitted under this
section is of no effect.
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Subsequent
dealings with authorised copies
-
- Where a copy of a work would be an infringing
copy if the making thereof were not authorised under section 55, 57
or 58 and such copy is subsequently dealt with it shall be treated
as an infringing copy for the purposes of that dealing and that
dealing infringes copyright for all subsequent purposes.
- In subsection (1) "dealt with" means
sold, or let for hire or offered or exposed for sale or hire.
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Interpretation
of references; regulations
-
- In sections 61 to 64 references to the
librarian or archivist include references to a person acting on his
behalf.
- Regulations may provide that a librarian or
archivist who is, pursuant to sections 61 and 64, required to be
satisfied as to a matter before making or supplying a copy of a work
- is entitled to rely on a declaration as to
that matter, signed by the person requesting the copy, unless he
is aware that the declaration is false in any material
particular;
- in such cases as may be prescribed, shall
not make or supply a copy to any person in the absence of a
declaration by that person.
- Where a person requesting a copy of a work
makes a declaration that is false in material particular and is
supplied with a copy of the work that would have been an infringing
copy if made by him, that person shall be liable for infringement of
copyright as if he had made the copy himself, and the copy supplied
shall be treated as an infringing copy.
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Supply by
librarian of copies of published work
-
- The librarian of a prescribed library or
archive may, if the prescribed conditions are complied with
- make and supply a copy of an article in a
periodical; or
- make and supply from a published edition, a
copy of part of a literary, dramatic or musical work, not being
an article in a periodical,
without infringing any copyright subsisting in
the text of the article or in the work, as the case may be, or in
any illustrations accompanying such article or work, or in the
typographical arrangement thereof.
- The conditions prescribed pursuant to
subsection (1) shall include the following:
- that copies shall be supplied only to
persons satisfying the librarian that they require them for
purposes of research or private study, and will not use them for
any other purpose;
- in relation to an article, that no person
shall be furnished with more than one copy of the same article
or with copies of more than one article contained in the same
issue of a periodical;
- in relation to a work referred to in
paragraph (b) of subsection (1), that no person shall be
furnished with more than one copy of the same material or of a
copy of more than a reasonable proportion of any work; and
- that persons to whom copies are supplied
are required to pay for them a sum not less than the cost,
including a contribution to the general expenses of the library,
attributable to their production.
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Supply
of copies to other libraries
-
- The librarian of a prescribed library or
archive may, if the prescribed conditions are complied with, make
and supply to another prescribed library or archive a copy of
- an article in a periodical; or
- the whole or part of a published edition of
a literary, dramatic or musical work,
without infringing any copyright in the text of
the article or the work, or in any illustrations accompanying such
article or work, in the case of a published edition, in the
typographical arrangement.
- Paragraph (b) of subsection (1) shall not apply
if, at the time the copy is made, the librarian making it knows or
could, by reasonable inquiry, ascertain the name and address of a
person entitled to authorise the making of the copy.
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Replacing
copies of works
-
- The librarian of a prescribed library or
archive may, if the prescribed conditions are complied with, make a
copy from any item in the permanent collection of the library or
archive for the purposes of
- preserving or replacing the item by placing
the copy in such a permanent collection in addition to or in
place of the item;
- replacing in the permanent collection of
another prescribed library or archive an item which has been
lost, destroyed or damaged,
without infringing the copyright in any literary,
dramatic or musical work, in any illustrations accompanying such a
work or, in the case of a published edition, in the typographical
arrangement.
- The prescribed conditions shall include
provisions restricting the making of copies to cases where it is not
reasonably practicable to purchase a copy of the item the question
for the purpose.
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Copying of
unpublished work
-
- Subject to subsection (2), the librarian of a
prescribed library or archive may, if the prescribed conditions are
complied with, make and supply a copy of the whole or part of a
literary, dramatic or musical work from a document in the library or
archive without infringing any copyright in the work or in any
illustrations accompanying it.
- Subsection (1) shall not apply where
- the work had been published before the
document was deposited in the library or archive; or
- the copyright owner has prohibited copying
of the work,
and at the time of the making of the copy the
librarian ought to have been aware of that fact.
- The prescribed conditions shall include the
following:
- that copies are supplied only to persons
satisfying the librarian that they require them for purposes of
research or private study and will not use them for any other
purpose;
- that no person is furnished with any more
than one copy of the same material; and
- that persons to whom copies are supplied
are required to pay for them a sum not less than the cost,
including a contribution to the general expenses of the library
or archive, attributable to their production.
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Exceptions
Relating to Public Administration
Parliamentary and judicial proceedings
and statutory inquiries
-
- Copyright in a work is not infringed by
anything done for the purposes of parliamentary or judicial
proceedings or, subject to subsection (3), for the purposes of
repealing such proceedings.
- Copyright in a work is not infringed by
anything done for the purposes of the proceedings of a statutory
inquiry or, subject to subsection (3), for the purposes of reporting
any such proceedings held in public.
- The provisions of subsections (1) and (2)
relating to the reporting of proceedings shall not be construed as
authorising the copying of a work which is itself a published report
of the proceedings.
- Copyright in a work is not infringed by the
issue to the public of copies of the report of a statutory inquiry
containing the work or material from it.
- In this section, "statutory inquiry"
means an inquiry held or investigation conducted in pursuance of a
duty imposed or power conferred by or under an enactment.
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Public records
- Where any protected work or a reproduction of any
such work is comprised in any public record pursuant to any enactment
which is, by virtue of that enactment open to public inspection, the
copyright in the work is not infringed by the making or supplying to
any person of any copy of the work by or under the direction of any
officer appointed or acting under the authority of the enactment.
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Designs
Design documents and models
-
- It is not an infringement of any copyright in a
design document or in a model that records or embodies a design for
anything (except an artistic work or a typeface) to make an article
to the design or to copy an article made to the design.
- It is not an infringement of any copyright to
issue to the public or to include in a film, broadcast or cable
programme service anything the making of which was, by virtue of
subsection (1), not an infringement of that copyright.
- In this section
- "design" means the design of any
aspect of the shape or configuration, whether internal or
external, of the whole or part of an article, other than surface
decoration; and
- "design document" means any
record of a design, whether in the form of a drawing, a written
description, a photograph, data stored in a computer or
otherwise.
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Where design
derived from artistic work is
exploited
-
- Where an artistic work has been exploited by or
with the licence of the copyright owner by
- making by an industrial process articles
falling to be treated under this Act as copies of the work; and
- marketing such articles in Barbados or
elsewhere,
then, after the end of the period of twenty-five
years from the end of the calendar year in which such articles are
first marketed, a person may, without infringing copyright in the
work, copy the work by making articles of any description or by
doing anything for the purpose of making articles of any
description, or by doing anything in relation to articles so made.
- Where any part of an artistic work is exploited
in the manner described in subsection (1), then, the provisions of
that subsection apply only in relation to that part.
- The Minister may by order make provision
- respecting the circumstances in which an
article or any description of article is to be regarded for the
purposes of this section as made by an industrial process;
- excluding from the operation of this
section such articles of a primarily literary or artistic
character as he thinks fit.
- In this section,
- references to articles do not include
films; and
- references to the marketing of an article
are references to its being sold or let for hire or offered or
exposed for sale or hire.
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Exception Relating
to Works in
Electronic Form
Transfer of works in electronic form
-
- Where a work in electronic form has been
purchased on terms which, expressly or impliedly or by virtue of any
rule of law, allows the purchaser to copy the work or to adapt it or
to make copies of an adaptation in connection with his use of it,
then, in the absence of any express terms
- prohibiting the transfer of the copy by the
purchaser;
- imposing obligations which continue after a
transfer;
- prohibiting the assignment of any licence;
- terminating any licence on a transfer; or
- providing for the terms on which a
transferee may do the things which the purchaser was permitted
to do,
anything which the purchaser was permitted to do
may also be done by a transferee without infringement of copyright.
- Any copy or adaptation, or copy of an
adaptation of a work referred to in subsection (1) that is made by
the purchaser and not also transferred with the copy, adaptation or
copy of the adaptation referred to in that subsection shall, after
the transfer, be treated as an infringing copy for all purposes.
- Subsections (1) and (2) apply where the
original purchased copy is no longer usable and what is transferred
is a further copy used in its place.
- This section applies also on a subsequent
transfer, with the substitution for references in subsection (2) to
the purchaser by references to the subsequent transferor.
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Miscellaneous:
Literary, Dramatic, Musical
and Artistic Works
Anonymous and pseudonymous literary, etc., works
-
- Copyright in a literary, dramatic, musical or
artistic work is not infringed by an act done at a time when, or in
pursuance of an arrangement made at a time when
- it is not possible by reasonable inquiry to
ascertain the identity of the author; and
- it is reasonable to assume
- that the copyright has expired, or
- that the author died fifty years or
more before the beginning of the calendar year in which the
act is done or the arrangements are made.
- Subsection (1)(b)(ii) does not apply in
relation to a work in which copyright originally vested in an
international organisation by virtue of section 144 and in respect
of which an order under that section specifies a copyright period
longer than fifty years.
- In relation to a work of joint authorship
- the reference in subsection (1) to its
being not possible to ascertain the identity of the author shall
be construed as a reference to its being possible to ascertain
the identity of any of the authors; and
- the reference in subsection (1)(b)(ii) to
the author having died shall be construed as a reference to the
last surviving author having died.
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Record of spoken
word
-
- Where a record of spoken words is made, whether
in writing or otherwise, for the purpose of
- reporting current events; or
- broadcasting or including in a cable
programme service the whole or part of the work,
it is not an infringement of any copyright in the
words as a literary work to use the record or material taken from
it, or to copy the record or such material and use the copy, for
that purpose, if the conditions specified in subsection (2) are met.
- The conditions referred to in subsection (1)
are that
- the record is a direct record of the spoken
words and is not taken from a previous record or from a
broadcast or a cable programme;
- the making of the record was not prohibited
by the speaker and, where copyright already subsisted in the
work, did not infringe copyright;
- the use made of the record or material
taken from it is not of a kind prohibited by or on behalf of the
speaker or copyright owner before the record was made; and
- the use is by or with the authority of a
person who is lawfully in possession of the record.
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Reading
or recitation in public
-
- The reading or recitation in public of any
reasonable extract from a published literary or dramatic work is not
an infringement of copyright in the work, if accompanied by a
sufficient acknowledgment.
- Copyright in a work is not infringed by the
making of a sound recording of the work, or the broadcasting or
inclusion of the work in a cable programme services, or a reading or
recitation of the work which, by virtue of subsection (1), does not
infringe copyright in the work.
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Representation
of artistic works
on public display
-
- This section applies to
- buildings;
- sculptures, models of buildings and works
of artistic craftsmanship, if permanently situated in a public
place or on premises open to the
public.
The copyright in a work referred to in
subsection (1) is not infringed by
- making a graphic work representing it;
- making a photograph or film of it;
- broadcasting or including in a cable
programme service a visual image of it; or
- issuing to the public copies, or the
broadcasting or including in a cable programme service anything
whose making was, by virtue of this section, not an infringement
of copyright.
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Reconstruction
of buildings
- Anything done for the purposes of reconstructing
a building does not infringe any copyright in the building or in any
drawings or plans in accordance with which the building was
constructed by or with the licence of the copyright owner.
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Subsequent
work by same artist
- Where the author of an artistic work is not the
copyright owner, he does not infringe the copyright in the work by
copying it in making another artistic work, if he does not repeat or
imitate the main design of the earlier work.
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Miscellaneous:
Sound Recordings, Films
and Computer Programmes
Rental of sound recording, computer
programme and film
- The exclusive right to authorise or prohibit
rental vests
- in the owner of the copyright in a sound
recording of musical works;
- in the owner of the copyright in respect of
the original copies of a computer programme;
and
in the producer of the joint fixation of a
film in respect of the original and copies of the film.
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Licensed
rental
of sound recordings,
etc.
-
- The Minister may by order, subject to negative
resolution, provide that in such cases as may be specified in the
order, the rental to the public of copies of sound recordings, films
or computer programmes shall be treated as licensed by the copyright
owner subject only to the payment of such reasonable royalty or
other payment as may be agreed, and in the event of the failure of
the parties to agree, as may be determined by the Tribunal.
- An order under subsection (1) shall not apply
if, or to the extent that, there is a licensing scheme certified
under section 100 for the purposes of this section.
- An order may make different provision for
different cases and may specify cases by reference to any factor
relating to the work, the copies rented, the persons renting or the
circumstances of the rental.
- Nothing in this section affects any liability
under section 31 in respect of the rental of infringing copies.
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Playing of
sound recording
for purposes of charitable
organisations
- It is not an infringement of the copyright in a
sound recording to play it as part of the activities of, or for the
benefit of, a club, society or other organisation if
- the organisation is not established or
conducted for profit and its main objects are charitable or are
otherwise concerned with the advancement of religion, education or
social welfare; and
- the proceeds of any charge for admission to
the place where the recording is to be heard are applied solely
for the purposes of the organisation.
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Miscellaneous:
Broadcasts and Cable
Programmes
Incidental recording for purposes
of broadcast or cable programme
-
- This section applies where by virtue of a
licence or assignment of copyright a person is authorised to
broadcast from a place in Barbados or a specified country or to
include in a cable programme service sent from Barbados or a
specified country
- a literary, dramatic or musical work, or an
adaptation of such work;
- an artistic work; or
- a sound recording or film.
- The person referred to in subsection (1) shall,
by virtue of this section, be treated as licensed by the owner of
the copyright in the work to do or authorise any of the following
for the purposes of the broadcast or cable programme:
- in the case of a literary, dramatic or
musical work or an adaptation of such a work, to make a sound
recording or film of the work or adaptation;
- in the case of the artistic work, to take a
photograph or make a film of the work;
- in the case of a sound recording or film,
to make a copy of the sound recording or film.
- A licence under subsection (2) is subject to
the following conditions:
- the recording, film, photograph or copy in
question shall not be used for a purpose that is not granted by
the licence; and
- the recording, film, photograph or copy
shall be destroyed within twenty-eight days of being first used
for broadcasting the work or, as the case may be, including it
in a cable programme service.
- A recording, film, photograph or copy made in
accordance with this section is an infringing copy
- if it is used for any purposes in breach of
the condition mentioned in subsection (3)(a); and
- for all purposes after the condition set
out in subsection (3)(a) or the condition mentioned in
subsection (3)(b) is breached.
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Recording
broadcasts for programme control
-
- Copyright is not infringed by the making or use
by a prescribed broadcasting organisation, for the purpose of
maintaining supervision and control over programmes and
advertisements broadcast by that organisation, of recordings of
those programmes and advertisements.
- Copyright is not infringed by the making or use
by the Broadcasting Authority of recordings of programmes in
connection with and for the purpose of carrying out its functions
under the Broadcasting Act (Cap. 274B).
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Recording
for archival purposes
-
- A recording of a broadcast or cable programme
of a designated class, or a copy of such a recording, may be made
for the purpose of being placed in the Archives Department or in an
archive maintained by a body designated by the Minister by order.
- For the purposes of this Act, a recording
referred to in subsection (1) does not infringe copyright in the
broadcast or cable programme or in any work included in it.
- For the purposes of subsection (1), the
Minister shall not designate a body unless he is satisfied that it
is not established or conducted for profit.
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Reception
and re-transmission of broadcast in
cable programme service
-
- Where a literary, dramatic or musical work or
film is broadcast with the licence of the copyright owner from a
place in Barbados or a specified country, any person may, without
obtaining the licence of the copyright owner, incorporate the work,
by means of the reception of the broadcast, in a cable programme
service.
- Subsection (1) applies only where
- the transmission by the cable programme
service takes place simultaneously with the reception of the
broadcast;
- the programme in which the literary,
dramatic or musical work or film is incorporated is transmitted
without alteration of any kind.
- The copyright owner referred to in subsection
(1) is entitled to receive from the person providing the cable
programme service, reasonable remuneration in respect of the
transmission.
- Where the copyright owner referred to in
subsection (1) and the person who incorporates the work pursuant to
that subsection cannot agree on the remuneration referred to in
subsection (3) the remuneration shall be fixed by the Tribunal.
- For the purposes of this subsection,
- an alteration to a programme includes the
addition thereto of new material not contained in the programme
as broadcast, or the omission from the transmission of any
material contained in the programme as broadcast; and
- "material" includes a commercial
advertisement.
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Recording
for purposes of time shifting
- The making for private and domestic use of a
recording of a broadcast or cable programme solely for the purpose of
enabling it to be viewed or listened to at a more convenient time does
not infringe any copyright in the broadcast or cable programme or in
any work included in it.
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Adaptations
Adaptations
- An act which by virtue of this Part may be done
without infringing copyright in a literary, dramatic or musical work
does not, where that work is an adaptation, infringe any copyright in
the work from which the adaptation was made.
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PART VI : COPYRIGHT
LICENSING
Preliminary
Interpretation
-
- In this Part
- "licence" means any licence that
is issued or offered by a licensing body authorising, in
relation to works in which copyright subsists, the doing of any
act restricted by copyright;
- "licensing body" means a society
or other organisation that has as its main object or one of its
main objects, the negotiation or granting, either as owner or
prospective owner of copyright or as agent for a copyright
owner, of licences, and whose objects include the granting of
licences covering works of more than one author;
- "licensing scheme" means a scheme
setting out
- the classes of case in which the
operator of the scheme, or the person on whose behalf he
acts, is willing to grant licences; and
- the terms on which licences would be
granted in those classes of case;
- "scheme" includes anything in the
nature of a scheme, whether described as a scheme or as a tariff
or by any other name.
- References in this Part to licences or
licensing schemes covering works of more than one author do not
include licences or schemes covering only
- a single collective work or collective
works of which the authors are the same; or
- works made by, or by employees commissioned
by, a single individual, firm, company, or group of companies.
- For the purposes of subsection (2),
"group" in relation to a company means that company and
- any other company that is its holding
company or subsidiary;
- any other company that is a subsidiary of
the holding company;
- any company that directly or indirectly
controls or is controlled by any company referred to in
paragraph (a) or (b); and
- any company that is controlled by a person
who directly or indirectly controls a company referred to in
paragraph (a), (b) or (c).
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Licensing schemes
to which sections
87 to 92 apply
- Sections 87 to 92 apply to the following
licensing schemes:
- licensing schemes operated by licensing bodies
in relation to the copyright in literary, dramatic, musical or
artistic works or films, or film sound tracks when accompanying a
film, which cover works of more than one author, so far as they
relate to licences for
- copying the work,
- performing, playing or showing the work in
public, or
- broadcasting the work or including in it a
cable programme service;
- all licensing schemes in relation to the
copyright in sound recording, other film sound tracks when
accompanying a film; broadcasts or cable programmes or the
typographical arrangement of published editions; and
- licensing schemes in relation to the copyright
in sound recordings, films, or computer programmes, so far as they
relate to licences for the rental of copies to the public.
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References and Applications
Respecting Licensing
Schemes
Reference of proposed licensing scheme
-
- The terms of a licensing scheme which a
licensing body proposes to operate may be referred to the Tribunal
by an organisation claiming to be representative of persons claiming
that they require licences in cases of a description to which the
scheme would apply, either generally or in relation to any
description of case.
- The Tribunal shall first decide whether to
entertain the reference and may decline to do so on the ground that
the reference is premature.
- Where the Tribunal decides to entertain the
reference it shall consider the matter referred and make such order,
either confirming or varying the proposed scheme either generally or
so far only as it relates to cases of the description to which the
reference relates, as the Tribunal thinks reasonable in the
circumstances.
- An order made under subsection (3) may be of
indefinite duration or may endure for such period as the Tribunal
may determine.
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Reference of
existing licensing scheme
-
- Where during the operation of a licensing
scheme a dispute arises between the operator of the scheme and
- the person claiming that he requires a
licence in a case of a description to which the scheme applies;
or
- an organisation claiming to be
representative of such persons,
that person or organisation may refer the scheme
to the Tribunal in so far as it relates to cases of that
description.
- A scheme which has been referred to the
Tribunal under this section shall remain in operation until
proceedings on the reference are concluded.
- The Tribunal shall consider the matter in
dispute and make such order, either confirming or varying the scheme
so far only as it relates to cases of the description to which the
reference relates, as the Tribunal may determine to be reasonable in
the circumstances.
- The order made under subsection (3) may be of
indefinite duration or may endure for such period as the Tribunal
may determine.
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Further
reference of scheme
-
- Where the Tribunal has on a previous reference
of a licensing scheme under section 87 or 88, or under this section,
made an order with respect to the scheme then, while the order
remains in force
- the operator of the scheme;
- an applicant for a licence in a case of the
description to which the order applies; or
- an organisation claiming to be
representative of such persons,
may refer the scheme again to the Tribunal so far
as it relates to cases of that description.
- A licensing scheme shall not, except with the
special leave of the Tribunal, be referred again to the Tribunal in
respect of the same description of cases
- within twelve months after the date of the
order on the previous reference; or
- if the order was made so as to be in force
for fifteen months or less, until the last three months before
the expiry of the order.
- A scheme that has been referred to the Tribunal
under this section shall remain in operation until proceedings on
the reference are concluded.
- The Tribunal shall consider the matter in
dispute and make such order, either confirming, varying or further
varying the scheme so far only as it relates to cases of the
description to which the reference relates, as the Tribunal may
determine to be reasonable in the circumstances.
- The order made pursuant to subsection (4) may
be made so as to be in force indefinitely or for such period as the
Tribunal may determine.
Continuation: Application for
grant of licence in connection with licensing scheme
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