Regulation 5 Application for authorisation

(1)

An application for authorisation under regulation 4 must be made in writing to the Secretary of State in the form required by the Secretary of State, including in electronic form, and must contain—

(a)

a summary of the application;

(b)

the name of the applicant;

(c)

evidence that the applicant is a relevant licensing body;

(d)

an address for service on the applicant in the European Economic Area;

(e)

the types of relevant work to which the Extended Collective Licensing Scheme will apply;

(f)

the right holders’ rights in relation to relevant works which the relevant licensing body seeks to be authorised to license;

(g)

the opt out arrangements that the relevant licensing body will adopt including the steps which a non-member right holder is required to take to opt out of a proposed Extended Collective Licensing Scheme before the scheme commences and whether the consent of the Secretary of State is sought as described in regulation 16(5)(b);

(h)

the number of right holders—

(i)

who have notified the relevant licensing body that they wish to opt out of the proposed Extended Collective Licensing Scheme; or

(ii)

whose rights, as a result of contractual arrangements with the relevant licensing body, will not fall within the Extended Collective Licensing Scheme

together, in each case and to the extent that the relevant licensing body has been notified by the relevant right holder, with the number of relevant works in which those right holders have rights;

(i)

evidence of the representation provided by the relevant licensing body;

(j)

evidence that the relevant licensing body has obtained the required consent;

(k)

the information that was provided by the relevant licensing body to the relevant members, when seeking the required consent;

(l)

a copy of any collective licence, in force at the date of the application for authorisation, under which the relevant licensing body licenses relevant works of the type which will be the subject of the proposed Extended Collective Licensing Scheme;

(m)

the code of practice that the relevant licensing body will operate in relation to its licensing activities if the authorisation is granted and which is consistent with the specified criteria, including the criteria concerning the protection of non-member right holders;

(n)

a copy of any report 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 under regulation 6 of the Codes Regulations;

(o)

a declaration signed on behalf of the relevant licensing body confirming that, at the time of the application, it is complying in all material respects with the terms of its code of practice;

(p)

a copy of the terms and conditions of the licence which the relevant licensing body proposes to grant its licensees under the Extended Collective Licensing Scheme;

(q)

a copy of the distribution policy which the relevant licensing body proposes to operate in relation to its licensing activities if the authorisation is granted;

(r)

the arrangements for publicising the Extended Collective Licensing Scheme to non-member right holders and third parties before its introduction and during the life of the scheme; and

(s)

the methods by which the relevant licensing body will contact non-member right holders and distribute the net licence fees to them.

(2)

An application for authorisation under regulation 4 must be accompanied by an initial fee to reimburse the Secretary of State for any administrative expenses incurred in connection with the application for authorisation.