# The Copyright Tribunal Rules 1989, Note: Explanatory note


(This note is not part of the Rules)
These Rules prescribe the procedure to be followed before the Copyright Tribunal, which replaces the Performing Right Tribunal established under the Copyright Act 1956 (now repealed), in the hearing and determination of applications and references to it under the Copyright, Designs and Patents Act 1988. These Rules re-enact, with modifications and drafting amendments, the Performing Right Tribunal Rules 1965 (which are revoked) and prescribe the procedure for additional matters in respect of which jurisdiction is conferred on the Copyright Tribunal under the Act.
The procedure before the Tribunal is set out in these Rules by reference to each function of the Tribunal and, accordingly—
(1) rules 3 to 19 relate to references with respect to licensing schemes (proposed and those in operation) and to the grant of licences in connection with such schemes;
(2) rules 20 to 23 relate to references or applications with respect to the terms of licences proposed or granted by licensing bodies;
(3) rules 24 to 26 relate to appeals against orders made by the Secretary of State with regard to the extension of the coverage of schemes or licences and variations of such orders;
(4) rules 27 to 30 relate to applications to settle the royalty or other sum payable for rental of sound recordings, films or computer programs;
(5) rules 31 to 33 relate to the settlement of the terms of licences of right in consequence of reports of the Monopolies and Mergers Commission;
(6) rules 34 to 37 relate to applications for the Tribunal’s consent on behalf of a performer to make a recording from a previous recording of a performance where the identity of the performer is not known or where the performer unreasonably witholds his consent;
(7) rules 38 to 41 relate to the determination of the royalty or other sum payable for the benefit of the Hospital for Sick Children, Great Ormond Street, London, in respect of the public performance, commercial publication or broadcast of “Peter Pan”;
(8) rules 42 to 45 relate to appeals from decisions of the Tribunal and for suspension of the Tribunal’s orders pending appeals.
In each case provision is made for a person or organisation having a substantial interest in the matter to be made a party to the proceedings (rules 7, 23, 26, 30, 33, 37, 41 and 44). Rule 55(1) provides for proceedings pending under the Copyright Act 1956 to be dealt with under these Rules.

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Source: https://www.legislation.gov.uk/uksi/1989/1129/note (the official version)
Page: https://openlegislation.uk/copyright-tribunal-rules-1989/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.