Copyright and Related Rights (Proceedings Before the Controller) Rules 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules may be cited as the Copyright and Related Rights (Proceedings before the Controller) Rules 2009.
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paragraphs: (1) In these Rules—
(a) a person or licensing body who makes a reference to the Controller under section 38(4) and if applicable, section 38(9);
(b) a person or licensing body who applies to the Controller under section 38(11) to review an order made by the Controller under subsection (7) or (10) of section 38;
(c) a person by or to whom equitable remuneration is payable under section 125 who applies to the Controller under section 126(1) in default of agreement;
(d) a person by or to whom equitable remuneration is payable under section 125 who applies to the Controller for an order under section 126(2) to vary an agreement or any previous determination of the Controller as to the amount payable;
(e) the organisation which refers the terms of a licensing scheme proposed to be operated by a licensing body to the Controller under section 151, 267 or 342 as the case may be;
(f) an operator, person or organisation who is a party to a dispute referred to in that section who refers a licensing scheme to the Controller under section 152, 268, or 343 as the case may be;
(g) an operator, person or organisation who refers a licensing scheme to the Controller under section 153, 269 or 344 as the case may be;
(h) a person who applies to the Controller for an order pursuant to section 154, 270 or 345 as the case may be;
(i) an operator or original applicant who applies to the Controller for a review of an order under section 155, 271 or 346 as the case may be;
(j) a prospective licensee who refers to the Controller for an order under section 158, 274 or 349 as the case may be;
(k) a licensee under a licence which is due to expire with the passage of time or as a result of notice given by a licensing body who applies to the Controller under section 159, 275 or 350 as the case may be;
(l) a licensing body or person entitled to the benefit of an order under section 158, 159, 274, 275, 349 or 350 as the case may be, who applies to the Controller for a review pursuant to section 160, 276 or 351 as appropriate;
(m) a person by or to whom equitable remuneration is payable under section 208 who applies to the Controller under section 208(5) in default of agreement;
(n) the person by or to whom equitable remuneration is payable under section 208 who applies to the Controller for an order under section 208(6) to vary an agreement or any previous determination of the Controller as to the amount payable;
(o) a person by or to whom equitable remuneration is payable under section 298 who applies to the Controller under section 299(1) in default of agreement;
(p) a person by or to whom equitable remuneration is payable under section 298 who applies to the Controller for an order under section 299(2) to vary an agreement or any previous determination of the Controller as to the amount payable;
(q) a person who makes an application under section 254;
(a) a person or licensing body, other than a petitioner, where the petitioner makes a reference to the Controller under section 38(4) and, if applicable, section 38(9);
(b) a person or licensing body, other than a petitioner, where an application is made under section 38(11) by the petitioner to review an order made by the Controller under section 38(7) or section 38(10);
(c) a person by or to whom equitable remuneration is payable under section 125, other than a petitioner, where the petitioner applies to the Controller for an order under section 126(1) in default of agreement;
(d) a person by or to whom equitable remuneration is payable under section 125, other than a petitioner, where the petitioner applies to the Controller under section 126(2) to vary an agreement or any previous determination of the Controller as to the amount payable;
(e) a licensing body proposing to operate a licensing scheme where the terms of the scheme are referred to the Controller under section 151, 267 or 342, as the case may be;
(f) an operator, person or organisation who is a party to a dispute referred to in that section, other than a petitioner, where a reference is made by the petitioner to the Controller under section 152, 268 or 343, as the case may be;
(g) an operator, person or organisation referred to in that section, other than a petitioner, where the licensing scheme is referred by the petitioner to the Controller under section 153, 269 or 344 as the case may be;
(h) an operator in respect of whose scheme an application is made under section 154, 270 or 345 as the case may be;
(i) an operator or original applicant who is not a petitioner where an application is made by the petitioner for a review of an order under section 155, 271 or 346 as the case may be;
(j) a licensing body the terms of whose proposed licence are referred by the petitioner to the Controller under section 158, 274 or 349 as the case may be;
(k) a licensing body operating a licensing scheme in respect of which an application is made by a petitioner to the Controller under section 159, 275 or 350, as the case may be;
(l) a licensing body or the person entitled under section 160, 276 or 351 as the case may be to seek a review of an order made under section 158, 159, 274, 275, 349 or 350 as the case may be, other than a petitioner, where the petitioner seeks such review under section 160, 276 or 351 as appropriate;
(m) a person by or to whom equitable remuneration is payable under section 208, other than a petitioner, where the petitioner applies to the Controller for an order under section 208(5) in default of agreement;
(n) a person by or to whom equitable remuneration is payable under section 208, other than a petitioner, where the petitioner applies to the Controller under section 208(6) to vary an agreement or any previous determination of the Controller as to the amount payable;
(o) a person by or to whom equitable remuneration is payable under section 298, other than a petitioner, where the petitioner applies to the Controller for an order under section 299(1) in default of agreement;
(p) a person by or to whom equitable remuneration is payable under section 298, other than a petitioner, where the petitioner applies to the Controller for an order under section 299(2) to vary an agreement or any previous determination of the Controller as to the amount payable;
(2) In these Rules a reference to a section or a subsection is a reference to a section or a subsection of the Act.
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paragraphs: (1) There shall be charged by the Controller in respect of each matter mentioned in column 2 of Schedule 1, opposite a reference number mentioned in column 1 of that Schedule, the fee set out in column 3 of that Schedule opposite the mention of that reference number.
(2) Fees shall be paid in the currency of the State and in any such manner as may be approved by the Controller.
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paragraphs: (1) Other than in relation to an application under Rule 27, a petitioner who makes a reference or application to the Controller shall furnish the following items to the Controller and he or she shall not consider an application or reference as having been made to him or her unless he or she is duly furnished with those items:
(a) the name and address of the petitioner;
(b) the name and address of the respondent;
(c) original and one copy of a signed statement (in these Rules referred to as a “statement”) which contains a reference to—
(i) the section of the Act pursuant to which the reference or application is being made,
(ii) the material facts on which the petitioner relies in making the reference or application, and
(iii) the relief sought;
(d) original and one copy of each of the documents mentioned in paragraph (2) as the context requires;
(e) the fee payable pursuant to Rule 3 in respect of the reference or application.