OpenLegislation

Rule 2 InterpretationI1

United Kingdom

(1)

In these Rules—

  • “the Act” means the Copyright, Designs and Patents Act 1988;

  • “applicant” means a person or organisation who has made a reference or application to the Tribunal in accordance with rule 7;

  • “application” means the application form and statement of grounds filed with the Tribunal in accordance with rule 7(1);

  • “application form” means the form set out in Schedule 1;

  • “bank holiday” has the meaning conferred by section 1 of the Banking and Financial Dealings Act 1971f1;

  • “the Chairman” means the Chairman of the Tribunal or a deputy chairman or any other member of the Tribunal appointed to act as chairman;

  • “costs”, in relation to proceedings in Scotland, means “expenses”;

  • “court” means—

    1. (a)

      as respects England and Wales, the High Court;

    2. (b)

      as respects Scotland, the Court of Session;

    3. (c)

      as respects Northern Ireland, the High Court of Northern Ireland;

  • “intervener” means a person or organisation who has applied under rule 15 to be made a party to proceedings;

  • “the office” means the office for the time being of the Tribunal;

  • “proceedings” means proceedings in respect of an application before the Tribunal;

  • “relevant fee” means the fee payable to the Tribunal as set out in Schedule 2;

  • “the Secretary” means the Secretary for the time being of the Tribunal;

  • “small application” has the meaning given in rule 17(6);

  • “standard application” has the meaning given in rule 17(6);

  • “statement of truth” means—

    1. (a)

      in Northern Ireland, an affidavit;

    2. (b)

      in England and Wales and Scotland a statement which meets the requirements of paragraphs (2) and (3) below;

  • “the Tribunal” means the Copyright Tribunal;

  • “the Tribunal address for service” has the meaning set out in rule 4; and

  • “the Tribunal Website” has the meaning set out in rule 5.

(2)

A statement of truth is a statement that—

(a)

The party putting forward the document, or

(b)

in the case of a witness statement, the maker of the witness statement

believes the facts stated in the document are true.

(3)

A statement of truth must be signed by—

(a)

In the case of a statement of grounds, a response or a request for permission to intervene, the party or the legal representative of the party and

(b)

In the case of a witness statement, the maker of the statement.

(4)

The powers conferred on the Tribunal by rules 39(3) and 42 may be exercised by either the Chairman or the Tribunal.

Annotations

Commencement

I1

Rule 2 in force at 6.4.2010, see rule 1

Footnotes

f1

1971 c.80.