Copyright Tribunal (Procedure) Regulations

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PART VIII

REFERENCES TO THE HIGH COURT

Application.
46.—This Part shall not apply in relation to an inquiry by the Tribunal under section 157 of the Act.

Request for reference of question of law to High Court.

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47.—(1) For the purposes of section 169 (1) of the Act, a request to the Tribunal for the reference of a question of law in a proceeding to the High Court shall —

(a) be in Form 23;

(b) state the name of the party making the request;

(c) specify the question of law;

(d) request the Tribunal to refer that question to the High Court;

(e) be signed by or on behalf of the party making the request; and

(f) be filed with the Secretary.

(2) The party making the request shall cause notice of the making of the request, together with a sealed copy of the request, to be served on every other party to the proceedings —

(a) in the case where the hearing of the proceeding to which the request relates, has not commenced or has been adjourned — within 7 days after the filing of the request with the Secretary but not later than the date fixed for the commencement of the hearing or to which the hearing has been adjourned; or

(b) in any other case — within 7 days after the filing of the request with the Secretary.

(3) For the purposes of paragraph (2), a notice of the making of a request shall —

(a) be in writing addressed to the party on whom it is served; and

(b) inform that party that he may, within 21 days after service of the notice, present a case in writing to the Tribunal in relation to the request.

(4) The party making the request may within 21 days after the request is filed with the Secretary, and every other party to the proceeding may within 21 days after service on that party of the notice of making of the request, present a case in writing to the Tribunal in relation to the request and the Tribunal may, if it thinks fit, give to each of those parties an opportunity of presenting a case orally to the Tribunal.

(5) The Secretary shall cause notice of the decision of the Tribunal on the request to be served on the party that made the request and on every other party that presented a case to the Tribunal in relation to the request or notified the Tribunal that the party wished to be informed of the decision.

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

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48.—(1) Where a party makes a request under section 169 (1) of the Act in a proceeding and a date has been fixed for the hearing or a further hearing of that proceeding that is less than 14 days from the date of the filing of the request, the President shall fix a new date for the hearing or further hearing of that proceeding that is more than 14 days from the date of the filing of the request.

(2) The Secretary shall cause notice of the date fixed by the President under paragraph (1) to be served on the parties to the proceeding.

Adjournment pending decision of High Court.

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49.—Where the Tribunal refers a question of law arising in proceedings before it for determination by the High Court under section 169 (1) of the Act, being proceedings in which the Tribunal has not given its decision, the Tribunal shall adjourn its hearing of those proceedings until the question referred has been heard and determined by the High Court.

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

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50.—(1) Where, after the date on which the Tribunal has given its decision in a proceeding, the Tribunal refers to the High Court a question of law that arose in the course of the proceeding, the Tribunal may, if it thinks fit, suspend the operation of any order made by the Tribunal in the proceeding.

(2) Where an order of the Tribunal is so suspended, the Secretary shall cause notice in writing of the suspension to be served on every party to the proceeding and, if particulars of the order have been published in pursuance of a direction under regulation 44 (4), shall cause particulars of the suspension to be published in the Gazette and such newspaper or newspapers circulating in Singapore as the President directs.

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

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50.—(1) Where, after the date on which the Tribunal has given its decision in a proceeding, the Tribunal refers to the High Court a question of law that arose in the course of the proceeding, the Tribunal may, if it thinks fit, suspend the operation of any order made by the Tribunal in the proceeding.

(2) Where an order of the Tribunal is so suspended, the Secretary shall cause notice in writing of the suspension to be served on every party to the proceeding and, if particulars of the order have been published in pursuance of a direction under regulation 44 (4), shall cause particulars of the suspension to be published in the Gazette and such newspaper or newspapers circulating in Singapore as the President directs.

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

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PART IX Miscellaneous • Summons to witness

• Extension of time

• Fees


• Witnesses' fees and expenses

• Power to waive procedural requirements and effect of non-compliance

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PART IX

MISCELLANEOUS

Summons to witness.
52.—(1) A summons to a witness under section 176 (2) of the Act shall be substantially in accordance with Form 24 and shall be sealed with the seal of the Tribunal.

(2) A summons under section 176 (2) of the Act shall be served on a person by —

(a) delivering a copy of the summons to the person personally; and

(b) if so requested by the person at the time of such delivery, showing the sealed copy of the summons to the person at that time.

Extension of time.

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53.—The Tribunal or the President may, whether before or after the expiration of the time prescribed or allowed by or under these Regulations for the filing of a document with the Secretary, the serving of a document on a person or the doing of any other act, extend that time for such period or periods, and subject to such conditions, as the Tribunal or the President thinks fit.

Fees.
54.—The fees specified in the Second Schedule shall be payable in respect of the matters in relation to which they are so specified.

Witnesses’ fees and expenses.

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55.—(1) Any person who —

(a) attends to give evidence in a proceeding;

(b) attends to give evidence and produce documents or articles in a proceeding; or

(c) attends to produce documents or articles in a proceeding,

in accordance with a summons, or at the request of a party to the proceeding or of the Tribunal, shall be entitled, whether or not he is called to give evidence or to produce documents or articles, to payment of fees and expenses in accordance with the scale of witnesses’ fees and expenses set out in the Third Schedule, less any amount previously paid to him for his expenses of attendance.

(2) Payment of fees and expenses to a witness shall be made by the person on whose behalf the witness is summoned or at whose request the witness attends or, if the witness is summoned or requested to attend on behalf of the Tribunal, by the Government.

Power to waive procedural requirements and effect of non-compliance.