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INTELECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - BARBADOS

Copyright and Related Rights Laws and Treaties
Copyright Act, 1998


Use of Work for Educational Purposes

Acts done for purposes of instruction or examination

  1.  
  1. Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, if the copying is done by a person giving or receiving instruction and is not by means of a reprographic process.
  2. Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound track in the course of instruction, or of preparation for instruction, in the making of films or film sound tracks, if the copying is done by a person giving or receiving instruction.
  3. Copyright in a work is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to candidates or answering the questions.

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Anthologies for educational use

  1.  
  1. The inclusion in a collection intended for use in educational establishments of a short passage from a published literary or dramatic work does not infringe copyright in the work if
    1. the collection is described in the title and in any advertisement thereof issued by or on behalf of the publisher, as being so intended;
    2. the work was not itself published for the use of educational establishments;
    3. the collection consists mainly of material in which no copyright subsists; and
    4. the inclusion is accompanied by a sufficient acknowledgment.
  2. Subsection (1) does not authorise the inclusion of more than two excerpts from protected works by the same author in a collection published by the same publisher over any period of five years.
  3. In relation to any given passage, the reference in subsection (2) to excerpts from works by the same author
    1. shall be taken to include excerpts from works by him in collaboration with another; and
    2. if the passage in question is from such a work, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.

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Recording of broadcast, etc., by educational establishments

  1.  
  1. Subject to subsection (2), a recording of a broadcast or cable programme or a copy of such a recording may be made by or on behalf of an educational institution for the educational purposes of that institution without thereby infringing the copyright in the broadcast or cable programme or in any work included in it.
  2. Subsection (1) shall not apply if or to the extent that there is a licensing scheme certified pursuant to section 100 for the purposes of this section.

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Restriction on reprographic copying by educational establishment

  1.  
  1. Subject to this section, reprographic copies of passages from published literary, dramatic or musical works may be made by or on behalf of an educational institution for the purposes of instruction without infringing any copyright in the work or in the typographical arrangement.
  2. Not more than five percent of any work may be copied by or on behalf of an educational institution by virtue of this section in any one period of three months.
  3. Copying is not authorised by this section if, or to the extent that, licences are available authorising the copying in question and the person making the copies knew or ought to have been aware of that fact.
  4. Where a licence is granted to an educational institution authorising the reprographic copying of passages from any published literary, dramatic or musical work, for use by the institution, then, any term of that licence which purports to restrict the proportion of work which may be copied, whether on payment or free of charge, to less than that permitted under this section is of no effect.

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Subsequent dealings with authorised copies

  1.  
  1. Where a copy of a work would be an infringing copy if the making thereof were not authorised under section 55, 57 or 58 and such copy is subsequently dealt with it shall be treated as an infringing copy for the purposes of that dealing and that dealing infringes copyright for all subsequent purposes.
  2. In subsection (1) "dealt with" means sold, or let for hire or offered or exposed for sale or hire.

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Interpretation of references; regulations

  1.  
  1. In sections 61 to 64 references to the librarian or archivist include references to a person acting on his behalf.
  2. Regulations may provide that a librarian or archivist who is, pursuant to sections 61 and 64, required to be satisfied as to a matter before making or supplying a copy of a work
    1. is entitled to rely on a declaration as to that matter, signed by the person requesting the copy, unless he is aware that the declaration is false in any material particular;
    2. in such cases as may be prescribed, shall not make or supply a copy to any person in the absence of a declaration by that person.
  3. Where a person requesting a copy of a work makes a declaration that is false in material particular and is supplied with a copy of the work that would have been an infringing copy if made by him, that person shall be liable for infringement of copyright as if he had made the copy himself, and the copy supplied shall be treated as an infringing copy.

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Supply by librarian of copies of published work

  1.  
  1. The librarian of a prescribed library or archive may, if the prescribed conditions are complied with
    1. make and supply a copy of an article in a periodical; or
    2. make and supply from a published edition, a copy of part of a literary, dramatic or musical work, not being an article in a periodical,
    without infringing any copyright subsisting in the text of the article or in the work, as the case may be, or in any illustrations accompanying such article or work, or in the typographical arrangement thereof.
  2. The conditions prescribed pursuant to subsection (1) shall include the following:
    1. that copies shall be supplied only to persons satisfying the librarian that they require them for purposes of research or private study, and will not use them for any other purpose;
    2. in relation to an article, that no person shall be furnished with more than one copy of the same article or with copies of more than one article contained in the same issue of a periodical;
    3. in relation to a work referred to in paragraph (b) of subsection (1), that no person shall be furnished with more than one copy of the same material or of a copy of more than a reasonable proportion of any work; and
    4. that persons to whom copies are supplied are required to pay for them a sum not less than the cost, including a contribution to the general expenses of the library, attributable to their production.

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Supply of copies to other libraries

  1.  
  1. The librarian of a prescribed library or archive may, if the prescribed conditions are complied with, make and supply to another prescribed library or archive a copy of
    1. an article in a periodical; or
    2. the whole or part of a published edition of a literary, dramatic or musical work,
    without infringing any copyright in the text of the article or the work, or in any illustrations accompanying such article or work, in the case of a published edition, in the typographical arrangement.
  2. Paragraph (b) of subsection (1) shall not apply if, at the time the copy is made, the librarian making it knows or could, by reasonable inquiry, ascertain the name and address of a person entitled to authorise the making of the copy.

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Replacing copies of works

  1.  
  1. The librarian of a prescribed library or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library or archive for the purposes of
    1. preserving or replacing the item by placing the copy in such a permanent collection in addition to or in place of the item;
    2. replacing in the permanent collection of another prescribed library or archive an item which has been lost, destroyed or damaged,
    without infringing the copyright in any literary, dramatic or musical work, in any illustrations accompanying such a work or, in the case of a published edition, in the typographical arrangement.
  2. The prescribed conditions shall include provisions restricting the making of copies to cases where it is not reasonably practicable to purchase a copy of the item the question for the purpose.

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Copying of unpublished work

  1.  
  1. Subject to subsection (2), the librarian of a prescribed library or archive may, if the prescribed conditions are complied with, make and supply a copy of the whole or part of a literary, dramatic or musical work from a document in the library or archive without infringing any copyright in the work or in any illustrations accompanying it.
  2. Subsection (1) shall not apply where
    1. the work had been published before the document was deposited in the library or archive; or
    2. the copyright owner has prohibited copying of the work,
    and at the time of the making of the copy the librarian ought to have been aware of that fact.
  3. The prescribed conditions shall include the following:
    1. that copies are supplied only to persons satisfying the librarian that they require them for purposes of research or private study and will not use them for any other purpose;
    2. that no person is furnished with any more than one copy of the same material; and
    3. that persons to whom copies are supplied are required to pay for them a sum not less than the cost, including a contribution to the general expenses of the library or archive, attributable to their production.

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Exceptions Relating to Public Administration

Parliamentary and judicial proceedings and statutory inquiries

  1.  
  1. Copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or, subject to subsection (3), for the purposes of repealing such proceedings.
  2. Copyright in a work is not infringed by anything done for the purposes of the proceedings of a statutory inquiry or, subject to subsection (3), for the purposes of reporting any such proceedings held in public.
  3. The provisions of subsections (1) and (2) relating to the reporting of proceedings shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.
  4. Copyright in a work is not infringed by the issue to the public of copies of the report of a statutory inquiry containing the work or material from it.
  5. In this section, "statutory inquiry" means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.

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Public records

  1. Where any protected work or a reproduction of any such work is comprised in any public record pursuant to any enactment which is, by virtue of that enactment open to public inspection, the copyright in the work is not infringed by the making or supplying to any person of any copy of the work by or under the direction of any officer appointed or acting under the authority of the enactment.

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Designs

Design documents and models

  1.  
  1. It is not an infringement of any copyright in a design document or in a model that records or embodies a design for anything (except an artistic work or a typeface) to make an article to the design or to copy an article made to the design.
  2. It is not an infringement of any copyright to issue to the public or to include in a film, broadcast or cable programme service anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.
  3. In this section
    • "design" means the design of any aspect of the shape or configuration, whether internal or external, of the whole or part of an article, other than surface decoration; and
    • "design document" means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.

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Where design derived from artistic work is exploited

  1.  
  1. Where an artistic work has been exploited by or with the licence of the copyright owner by
    1. making by an industrial process articles falling to be treated under this Act as copies of the work; and
    2. marketing such articles in Barbados or elsewhere,
    then, after the end of the period of twenty-five years from the end of the calendar year in which such articles are first marketed, a person may, without infringing copyright in the work, copy the work by making articles of any description or by doing anything for the purpose of making articles of any description, or by doing anything in relation to articles so made.
  2. Where any part of an artistic work is exploited in the manner described in subsection (1), then, the provisions of that subsection apply only in relation to that part.
  3. The Minister may by order make provision
    1. respecting the circumstances in which an article or any description of article is to be regarded for the purposes of this section as made by an industrial process;
    2. excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.
  4. In this section,
    1. references to articles do not include films; and
    2. references to the marketing of an article are references to its being sold or let for hire or offered or exposed for sale or hire.

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Exception Relating to Works in Electronic Form

Transfer of works in electronic form

  1.  
  1. Where a work in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allows the purchaser to copy the work or to adapt it or to make copies of an adaptation in connection with his use of it, then, in the absence of any express terms
    1. prohibiting the transfer of the copy by the purchaser;
    2. imposing obligations which continue after a transfer;
    3. prohibiting the assignment of any licence;
    4. terminating any licence on a transfer; or
    5. providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
    anything which the purchaser was permitted to do may also be done by a transferee without infringement of copyright.
  2. Any copy or adaptation, or copy of an adaptation of a work referred to in subsection (1) that is made by the purchaser and not also transferred with the copy, adaptation or copy of the adaptation referred to in that subsection shall, after the transfer, be treated as an infringing copy for all purposes.
  3. Subsections (1) and (2) apply where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.
  4. This section applies also on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser by references to the subsequent transferor.

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Miscellaneous: Literary, Dramatic, Musical and Artistic Works

Anonymous and pseudonymous literary, etc., works

  1.  
  1. Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of an arrangement made at a time when
    1. it is not possible by reasonable inquiry to ascertain the identity of the author; and
    2. it is reasonable to assume
      1. that the copyright has expired, or
      2. that the author died fifty years or more before the beginning of the calendar year in which the act is done or the arrangements are made.
  2. Subsection (1)(b)(ii) does not apply in relation to a work in which copyright originally vested in an international organisation by virtue of section 144 and in respect of which an order under that section specifies a copyright period longer than fifty years.
  3. In relation to a work of joint authorship
    1. the reference in subsection (1) to its being not possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors; and
    2. the reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to the last surviving author having died.

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Record of spoken word

  1.  
  1. Where a record of spoken words is made, whether in writing or otherwise, for the purpose of
    1. reporting current events; or
    2. broadcasting or including in a cable programme service the whole or part of the work,
    it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it, or to copy the record or such material and use the copy, for that purpose, if the conditions specified in subsection (2) are met.
  2. The conditions referred to in subsection (1) are that
    1. the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast or a cable programme;
    2. the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;
    3. the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and
    4. the use is by or with the authority of a person who is lawfully in possession of the record.

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Reading or recitation in public

  1.  
  1. The reading or recitation in public of any reasonable extract from a published literary or dramatic work is not an infringement of copyright in the work, if accompanied by a sufficient acknowledgment.
  2. Copyright in a work is not infringed by the making of a sound recording of the work, or the broadcasting or inclusion of the work in a cable programme services, or a reading or recitation of the work which, by virtue of subsection (1), does not infringe copyright in the work.

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Representation of artistic works on public display

  1.  
  1. This section applies to
    1. buildings;
    2. sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or on premises open to the public.
  2. The copyright in a work referred to in subsection (1) is not infringed by
    1. making a graphic work representing it;
    2. making a photograph or film of it;
    3. broadcasting or including in a cable programme service a visual image of it; or
    4. issuing to the public copies, or the broadcasting or including in a cable programme service anything whose making was, by virtue of this section, not an infringement of copyright.

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Reconstruction of buildings

  1. Anything done for the purposes of reconstructing a building does not infringe any copyright in the building or in any drawings or plans in accordance with which the building was constructed by or with the licence of the copyright owner.

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Subsequent work by same artist

  1. Where the author of an artistic work is not the copyright owner, he does not infringe the copyright in the work by copying it in making another artistic work, if he does not repeat or imitate the main design of the earlier work.

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Miscellaneous: Sound Recordings, Films and Computer Programmes

Rental of sound recording, computer programme and film

  1. The exclusive right to authorise or prohibit rental vests
    1. in the owner of the copyright in a sound recording of musical works;
    2. in the owner of the copyright in respect of the original copies of a computer programme; and
    3. in the producer of the joint fixation of a film in respect of the original and copies of the film.

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Licensed rental of sound recordings, etc.

  1.  
  1. The Minister may by order, subject to negative resolution, provide that in such cases as may be specified in the order, the rental to the public of copies of sound recordings, films or computer programmes shall be treated as licensed by the copyright owner subject only to the payment of such reasonable royalty or other payment as may be agreed, and in the event of the failure of the parties to agree, as may be determined by the Tribunal.
  2. An order under subsection (1) shall not apply if, or to the extent that, there is a licensing scheme certified under section 100 for the purposes of this section.
  3. An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies rented, the persons renting or the circumstances of the rental.
  4. Nothing in this section affects any liability under section 31 in respect of the rental of infringing copies.

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Playing of sound recording for purposes of charitable organisations

  1. It is not an infringement of the copyright in a sound recording to play it as part of the activities of, or for the benefit of, a club, society or other organisation if
    1. the organisation is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare; and
    2. the proceeds of any charge for admission to the place where the recording is to be heard are applied solely for the purposes of the organisation.

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Miscellaneous: Broadcasts and Cable Programmes

Incidental recording for purposes of broadcast or cable programme

  1.  
  1. This section applies where by virtue of a licence or assignment of copyright a person is authorised to broadcast from a place in Barbados or a specified country or to include in a cable programme service sent from Barbados or a specified country
    1. a literary, dramatic or musical work, or an adaptation of such work;
    2. an artistic work; or
    3. a sound recording or film.
  2. The person referred to in subsection (1) shall, by virtue of this section, be treated as licensed by the owner of the copyright in the work to do or authorise any of the following for the purposes of the broadcast or cable programme:
    1. in the case of a literary, dramatic or musical work or an adaptation of such a work, to make a sound recording or film of the work or adaptation;
    2. in the case of the artistic work, to take a photograph or make a film of the work;
    3. in the case of a sound recording or film, to make a copy of the sound recording or film.
  3. A licence under subsection (2) is subject to the following conditions:
    1. the recording, film, photograph or copy in question shall not be used for a purpose that is not granted by the licence; and
    2. the recording, film, photograph or copy shall be destroyed within twenty-eight days of being first used for broadcasting the work or, as the case may be, including it in a cable programme service.
  4. A recording, film, photograph or copy made in accordance with this section is an infringing copy
    1. if it is used for any purposes in breach of the condition mentioned in subsection (3)(a); and
    2. for all purposes after the condition set out in subsection (3)(a) or the condition mentioned in subsection (3)(b) is breached.

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Recording broadcasts for programme control

  1.  
  1. Copyright is not infringed by the making or use by a prescribed broadcasting organisation, for the purpose of maintaining supervision and control over programmes and advertisements broadcast by that organisation, of recordings of those programmes and advertisements.
  2. Copyright is not infringed by the making or use by the Broadcasting Authority of recordings of programmes in connection with and for the purpose of carrying out its functions under the Broadcasting Act (Cap. 274B).

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Recording for archival purposes

  1.  
  1. A recording of a broadcast or cable programme of a designated class, or a copy of such a recording, may be made for the purpose of being placed in the Archives Department or in an archive maintained by a body designated by the Minister by order.
  2. For the purposes of this Act, a recording referred to in subsection (1) does not infringe copyright in the broadcast or cable programme or in any work included in it.
  3. For the purposes of subsection (1), the Minister shall not designate a body unless he is satisfied that it is not established or conducted for profit.

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Reception and re-transmission of broadcast in cable programme service

  1.  
  1. Where a literary, dramatic or musical work or film is broadcast with the licence of the copyright owner from a place in Barbados or a specified country, any person may, without obtaining the licence of the copyright owner, incorporate the work, by means of the reception of the broadcast, in a cable programme service.
  2. Subsection (1) applies only where
    1. the transmission by the cable programme service takes place simultaneously with the reception of the broadcast;
    2. the programme in which the literary, dramatic or musical work or film is incorporated is transmitted without alteration of any kind.
  3. The copyright owner referred to in subsection (1) is entitled to receive from the person providing the cable programme service, reasonable remuneration in respect of the transmission.
  4. Where the copyright owner referred to in subsection (1) and the person who incorporates the work pursuant to that subsection cannot agree on the remuneration referred to in subsection (3) the remuneration shall be fixed by the Tribunal.
  5. For the purposes of this subsection,
    1. an alteration to a programme includes the addition thereto of new material not contained in the programme as broadcast, or the omission from the transmission of any material contained in the programme as broadcast; and
    2. "material" includes a commercial advertisement.

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Recording for purposes of time shifting

  1. The making for private and domestic use of a recording of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast or cable programme or in any work included in it.

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Adaptations

Adaptations

  1. An act which by virtue of this Part may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.

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PART VI : COPYRIGHT LICENSING

Preliminary

Interpretation

  1.  
  1. In this Part
    • "licence" means any licence that is issued or offered by a licensing body authorising, in relation to works in which copyright subsists, the doing of any act restricted by copyright;
    • "licensing body" means a society or other organisation that has as its main object or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for a copyright owner, of licences, and whose objects include the granting of licences covering works of more than one author;
    • "licensing scheme" means a scheme setting out
      1. the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant licences; and
      2. the terms on which licences would be granted in those classes of case;
    • "scheme" includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
  2. References in this Part to licences or licensing schemes covering works of more than one author do not include licences or schemes covering only
    1. a single collective work or collective works of which the authors are the same; or
    2. works made by, or by employees commissioned by, a single individual, firm, company, or group of companies.
  3. For the purposes of subsection (2), "group" in relation to a company means that company and
    1. any other company that is its holding company or subsidiary;
    2. any other company that is a subsidiary of the holding company;
    3. any company that directly or indirectly controls or is controlled by any company referred to in paragraph (a) or (b); and
    4. any company that is controlled by a person who directly or indirectly controls a company referred to in paragraph (a), (b) or (c).

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Licensing schemes to which sections 87 to 92 apply

  1. Sections 87 to 92 apply to the following licensing schemes:
  1. licensing schemes operated by licensing bodies in relation to the copyright in literary, dramatic, musical or artistic works or films, or film sound tracks when accompanying a film, which cover works of more than one author, so far as they relate to licences for
    1. copying the work,
    2. performing, playing or showing the work in public, or
    3. broadcasting the work or including in it a cable programme service;
  2. all licensing schemes in relation to the copyright in sound recording, other film sound tracks when accompanying a film; broadcasts or cable programmes or the typographical arrangement of published editions; and
  3. licensing schemes in relation to the copyright in sound recordings, films, or computer programmes, so far as they relate to licences for the rental of copies to the public.

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References and Applications Respecting Licensing Schemes

Reference of proposed licensing scheme

  1.  
  1. The terms of a licensing scheme which a licensing body proposes to operate may be referred to the Tribunal by an organisation claiming to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case.
  2. The Tribunal shall first decide whether to entertain the reference and may decline to do so on the ground that the reference is premature.
  3. Where the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, either confirming or varying the proposed scheme either generally or so far only as it relates to cases of the description to which the reference relates, as the Tribunal thinks reasonable in the circumstances.
  4. An order made under subsection (3) may be of indefinite duration or may endure for such period as the Tribunal may determine.

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Reference of existing licensing scheme

  1.  
  1. Where during the operation of a licensing scheme a dispute arises between the operator of the scheme and
    1. the person claiming that he requires a licence in a case of a description to which the scheme applies; or
    2. an organisation claiming to be representative of such persons,
    that person or organisation may refer the scheme to the Tribunal in so far as it relates to cases of that description.
  2. A scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.
  3. The Tribunal shall consider the matter in dispute and make such order, either confirming or varying the scheme so far only as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
  4. The order made under subsection (3) may be of indefinite duration or may endure for such period as the Tribunal may determine.

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Further reference of scheme

  1.  
  1. Where the Tribunal has on a previous reference of a licensing scheme under section 87 or 88, or under this section, made an order with respect to the scheme then, while the order remains in force
    1. the operator of the scheme;
    2. an applicant for a licence in a case of the description to which the order applies; or
    3. an organisation claiming to be representative of such persons,
    may refer the scheme again to the Tribunal so far as it relates to cases of that description.
  2. A licensing scheme shall not, except with the special leave of the Tribunal, be referred again to the Tribunal in respect of the same description of cases
    1. within twelve months after the date of the order on the previous reference; or
    2. if the order was made so as to be in force for fifteen months or less, until the last three months before the expiry of the order.
  3. A scheme that has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.
  4. The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far only as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
  5. The order made pursuant to subsection (4) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

 

Continuation: Application for grant of licence in connection with licensing scheme