Regulation 10 Application for the renewal of an authorisation
An application by a relevant licensing body for a renewal of an authorisation under regulation 9 shall be made to the Secretary of State in writing, not less than three years from the date of grant of the existing authorisation and not less than three months before the expiration of that authorisation, in the form required by the Secretary of State, including in electronic form.
An application for a renewal of an authorisation under regulation 9 must contain—
a summary of the application for renewal;
confirmation that the information provided under regulation 5(b) to (h), (l), (m), (p), (q) and (s), remains as set out in the previous authorised application or details of any material changes;
information demonstrating—
how the opt out arrangements have been operated during the previous period of authorisation;
the number of right holders who, at the date of the application for renewal, have notified the relevant licensing authority that they wish to opt out of the proposed Extended Collective Licensing Scheme compared with the number of right holders who were opted out of the Extended Collective Licensing Scheme at the date of the previous application for authorisation; and
the number of relevant works that are opted out at the date of the application for renewal compared with the number of relevant works that are opted out of the Extended Collective Licensing Scheme at the date of the previous application for authorisation and, to the extent that the relevant licensing body has been notified by the relevant right holders, the number of works in which those right holders have rights;
evidence of the representation provided by the relevant licensing body at the time the application for renewal is made;
evidence that the relevant licensing body has obtained the required consent;
the information that was provided by the relevant licensing body to the relevant members, when seeking the required consent;
a copy of any report produced within the period of the initial authorisation relating to the code of practice adopted by the relevant licensing body which has been produced by an independent code reviewer in accordance with the terms of the self-regulatory code of practice or by a code reviewer appointed by the Secretary of State in accordance with regulation 6 of the Codes Regulations;
a declaration signed on behalf of the relevant licensing body confirming that, at the time of the application for renewal, it is complying in all material respects with the terms of its code of practice;
a list of complaints from any non-member right holders whose works or rights have been licensed under the Extended Collective Licensing Scheme and the nature of the complaints and how they were resolved;
details of the distributions which have been made to non-member right holders, any sums which have been distributed in accordance with regulation 19 and which remain undistributed;
the arrangements for publicising the Extended Collective Licensing Scheme to non-member right holders and third parties during the life of the scheme together with information demonstrating how effective the publication of the Extended Collective Licensing Scheme has been; and
whether the consent of the Secretary of State is sought as described in regulation 16(5)(b).
An application by a relevant licensing body for a renewal of an authorisation under regulation 9 shall be accompanied by a renewal fee to reimburse the Secretary of State for any administrative expenses incurred in connection with the application for renewal.