Copyright Tribunal (Procedure) Regulations

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38.—(1) A party to a proceeding (other than an inquiry by the Tribunal under section 157 of the Act or an application to which regulation 37 applies) may apply to the Tribunal requesting the Tribunal to make an order with respect to any matter relating to the proceeding.

(2) The application shall specify the date when the proceeding was instituted and the relevant case file number and shall set out the circumstances or events giving rise to the application.

(3) A party to the proceeding may consent to the making of the order sought by the application.

(4) The consent of a party may be endorsed on the application or set out in a separate document filed with the Secretary but, if the consent is set out in a separate document that is not filed with the application, that party shall serve a copy of the document on the applicant within 7 days after the document is filed.

(5) Service of notice of the making of the application, or of a copy of the application, is not required to be effected on a party to the proceeding who has consented to the making of the order sought by the application and service of such a notice or copy on any other person may, with the leave of the President or of the Tribunal, be dispensed with.

(6) A party to the proceeding may lodge an objection to the application by filing with the Secretary a notice of objection in Form 19 within 14 days after the notice of the making of the application was served on him.

(7) A person lodging an objection shall cause a sealed copy of the notice of objection to be served on the applicant within 7 days after notice of the objection is filed with the Secretary.

(8) A notice of objection shall —

(a) be in writing;

(b) specify the date on which the application was filed with the Secretary and the relevant case file number;

(c) state the name of the party lodging the objection;

(d) state the grounds of the objection; and

(e) be signed by or on behalf of the party lodging the objection.

(9) The Tribunal shall consider the application and, subject to paragraph (10), may make such order in relation to the application as the Tribunal considers reasonable in the circumstances.

(10) The Tribunal shall not refuse the application in whole or in part without giving the applicant an opportunity of presenting his case and, if an objection to the application has been lodged, shall not grant the application in whole or in part without giving the party by whom the objection was lodged an opportunity of presenting his case.

Amendment of documents.

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39.—(1) The Tribunal may, subject to such conditions as the Tribunal considers fit to impose, grant leave to a party to a proceeding to amend a document previously filed with the Secretary by that party in connection with that proceeding.

(2) An application for the leave of the Tribunal to amend any document under this regulation shall be in Form 20.

(3) Where leave is granted to a party to a proceeding to amend a document, the party shall file with the Secretary a statement of the amendments in Form 21 and the amendments shall be deemed to be made upon the filing of the statement.

(4) The party filing the statement shall cause a sealed copy of the statement to be served on every other party to the proceeding within 7 days after the statement is filed.

(5) Nothing in this regulation shall prevent a person filing a notice specifying a new address for service in accordance with regulation 11.

Consolidation of applications and references.

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40.—(1) Where two or more applications are pending before the Tribunal, the Tribunal may, of its own motion or on the application of a party to any of the applications, direct that some or all of the applications be considered together and may give such consequential directions as the Tribunal considers necessary.

(2) Where two or more references are pending before the Tribunal in relation to one licence scheme, the Tribunal may, of its own motion or on the application of a party to any of the references, direct that some or all of the references be considered together and may give such consequential directions as the Tribunal considers necessary.

(3) Before giving a direction under paragraph (1) or (2), the Tribunal shall give each party to each of the applications or references concerned an opportunity of presenting a case.

Withdrawal of application.

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41.—(1) A person who has made an application to the Tribunal may, with the leave of the Tribunal, withdraw the application at any time before the Tribunal has determined the application.

(2) The leave of the Tribunal under paragraph (1) may be granted unconditionally or subject to such conditions as the Tribunal thinks reasonable.

(3) Where the Tribunal has granted leave for the withdrawal of an application, the withdrawal shall be effected by —

(a) the filing with the Secretary of a notice in Form 22—

(i) specifying the date on which the application was made and the relevant case file number;

(ii) stating that the person who made the application withdraws the application; and

(iii) signed by or on behalf of that person; and

(b) the serving of a sealed copy of the notice on every party to the application.

Withdrawal of reference of licence scheme

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42.—The withdrawal under section 160 (6) of the Act, or section 161 (7) of the Act (including section 161 (7) as having effect by reason of section 162 (5) of the Act), of a reference of a licence scheme shall be effected by —

(a) the filing with the Secretary of a notice in Form 22 —

(i) specifying the date on which the scheme was referred and the relevant case file number;

(ii) stating that the person who referred the scheme withdraws the reference; and

(iii) signed by or on behalf of that person; and

(b) the serving of a sealed copy of the notice on every party to the reference.

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PART VII Orders of the Tribunal • Recording of orders of Tribunal
• Notification of orders of Tribunal and of reasons
• Effect of suspension of orders of Tribunal

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PART VII

ORDERS OF THE TRIBUNAL

Recording of orders of Tribunal.
43.—The Secretary shall cause each order of the Tribunal and the date on which it was made to be recorded in a document signed by him and shall cause the original of the document to be filed in the Registry.

Notification of orders of Tribunal and of reasons.

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44.—(1) The Tribunal shall, when making an order, state in writing its reasons for making the order.

(2) The Secretary shall cause a copy of the document recording the order and of the reasons of the Tribunal to be served on every party to the application or reference in respect of which the order was made and shall also cause a copy of the document recording the order and of the reasons to be available at the Registry for public inspection when that office is open for business.

(3) In paragraphs (1) and (2), “order” shall not include an interim order or an order that is made in respect of an application that is ancillary to another proceeding.

(4) The President may, if he thinks fit, direct the Secretary to cause particulars of any order of the Tribunal to be published in the Gazette and such newspaper or newspapers circulating in Singapore as the President determines.

(5) Paragraphs (2) and (4) shall not apply in relation to an order the operation of which is suspended pending a reference of a question of law to the High Court.

Effect of suspension of orders of Tribunal.

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45.—Where an order of the Tribunal is suspended —

(a) section 160 (6) (a) and section 161 (8) and (10) of the Act shall operate during the period of the suspension as if the order had not been made; and

(b) section 165 of the Act shall not operate in relation to the order in respect of the period of the suspension.

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PART VIII References to the High Court • Application

• Request for reference of question of law to High Court

• Fixing of a new date for hearing or further hearing where a party makes a request under section 169 of Act

• Adjournment pending decision of High Court

• Suspension of orders of Tribunal pending reference of question of law to High Court

• Proceedings before Tribunal after determination of question of law by High Court