COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(i) deceiving the Registrar in the execution of his functions under this Part; or
(ii) procuring or influencing the doing or omission of anything in relation to this
Part;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a
period not exceeding two years or to both such fine and such imprisonment.
PART XII
POWERS OF REGISTRAR IN REGARD TO LICENCE SCHEMES AND LICENCES
111 Reference of licence scheme to Registrar
(1) If, while a licence scheme is in operation, a dispute arises between the collecting
society operating the scheme and—
(a) a person who claims he requires a licence in a case of a class to which the scheme
applies; or
(b) an organisation that claims to represent persons requiring licences in cases of a class to
which the scheme applies;
that person or organisation may refer the scheme to the Registrar in so far as it relates to cases of
that class.
(2) If, while a licence scheme is in operation, any person claims that works of a description
similar to those covered by the scheme are unreasonably excluded from it, he may refer the
scheme to the Registrar.
(3) The Registrar shall consider any scheme referred to him in terms of subsection (1) or
(2) and, subject to section one hundred and fourteen, shall make such order, either confirming
the licence scheme or varying it in so far as it relates to cases of the class to which the reference
relates, as he considers to be reasonable in the circumstances.
(4) An order of the Registrar in terms of subsection (3) may be made so as to be in force
indefinitely or for such period as he may determine.
(5) The Registrar may direct that an order in terms of subsection (3), in so far as it varies
the charges payable for a licence, has effect from the date on which the reference was made or
such later date as he may specify.
(6) A licence scheme may be referred to the Registrar in terms of subsection (1) or (2)
even if he has previously made an order under this section in regard to the scheme in so far as it
relates to the same class of cases:
Provided that no such subsequent reference shall be made within twelve months after the
earlier order unless the Registrar, having regard to the special circumstances of the case, grants
leave for the reference to be made.
112 Application to Registrar regarding grant or refusal of licence or terms
thereof
(1)
Where a person claims that—
(a) a collecting society has refused or failed within a reasonable time to grant him a licence
or to procure a licence for him, and—
Act 11/2001
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Chapter 26:01
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