Copyright Act, 1978 (Act No. 98 of 1978) > Chapter 3 : Copyright Tribunal > 31. Reference of licence schemes to tribunal

(1)	Where at any time while a licence scheme is in operation a dispute arises with respect to the scheme between the licensing body operating the scheme and—

(a)	an organisation claiming to be representative of persons requiring licences in cases of a class to which the scheme applies; or

(b)	any person claiming that he requires a licence in a case of a class to which the scheme applies, the organisation or person in question may refer the scheme to the tribunal in so far as it relates to cases of that class.

(2)	The parties to a reference under this section shall be—

(a)	the organisation or person at whose instance the reference is made;

(b)	the licensing body operating the scheme to which the reference relates; and

(c)	such other organisations or persons (if any) as apply to the tribunal to be made parties to the reference and are in accordance with subsection (3) made parties thereto.

(3)

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 a reference, 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 reference.

(4)	The tribunal shall not entertain a reference under this section by an organisation unless the tribunal is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent.

(5)

Subject to the provisions of subsection (4), the tribunal shall on any reference under this section consider the matter in dispute and after giving the parties to the reference an opportunity of presenting their respective cases, make such order, either confirming or varying the scheme in so far as it relates to cases of the class to which the reference relates, as the tribunal may determine to be reasonable in the circumstances.

(6)	An order of the tribunal under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the tribunal may determine.

(7)

Where the tribunal has made an order in respect of a licence scheme which has been referred to it, such scheme shall, notwithstanding anything contained therein, in so far as it relates to the class of cases in respect of which the order was made, thereafter remain in operation subject to the terms of the order: Provided that this subsection shall not apply in relation to a reference as respects any period after the reference has been withdrawn or has been discharged by virtue of subsection (4).