COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (7) Nothing in this section shall be construed as preventing the Registrar from considering, in any reference or application in terms of this Part, any relevant factor not mentioned elsewhere in this section. 115 Effect of Registrar’s orders (1) A licence scheme that has been varied by the Registrar under section one hundred and eleven shall remain in operation for so long as the Registrar’s order remains in force and, while it so remains in operation, a person who, in a class of case to which the order applies— (a) pays to the collecting society operating the scheme any charges payable under the scheme for a licence covering that class of case or, if the amount of the charges cannot be ascertained, gives the collecting society an undertaking to pay them when they are ascertained; and (b) complies with any other terms and conditions applicable to a licence covering that class of case under the scheme; shall be in the same position as regards infringement of copyright as if he were the holder of a licence granted by the owner of the copyright in question in accordance with the scheme. (2) If, while an order of the Registrar under section one hundred and twelve or one hundred and thirteen remains in force, the person in whose favour it is made— (a) pays to the collecting society concerned any charges payable in accordance with the order or, if the amount of the charges cannot be ascertained, gives the collecting society an undertaking to pay the charges when they are ascertained; and (b) complies with any other terms and conditions specified in the order; he shall be in the same position as regards infringement of copyright as if he were the holder of a licence granted by the owner of the copyright in question on the terms specified in the order. 116 Application of provisions of Part XI to proceedings regarding licence schemes and licences Sections one hundred and three, one hundred and four and one hundred and five shall apply, mutatis mutandis, in relation to references and applications in terms of this Part. PART XIII APPEALS TO TRIBUNAL AGAINST DECISIONS OF REGISTRAR 117 Right of appeal to Tribunal against decisions of Registrar Any person who is aggrieved by a decision of the Registrar— (a) in regard to the registration of a collecting society under Part X, including a decision— (i) to accept or not to accept an application under section ninety-two; or (ii) to impose any modification, condition or limitation on his acceptance of an application under section ninety-two; or (iii) to refuse to allow an applicant further time within which to advertise an application for the registration of a collecting society; or (iv) to register or not to register a collecting society; or Act 11/2001 - 62 Chapter 26:01