Page:Copyright Act, 1956 (United Kingdom).djvu/50

Part IV
—cont.Provided that a question shall not be referred to the court by virtue of this subsection in pursuance of a request made after the date on which the tribunal gave its decision, unless the request is made before the end of such period as may be described by rules made under the Fourth Schedule to this Act.

(2) If the tribunal, after giving its decision in any proceedings, refuses any such request to refer a question to the court, the party by whom the request was made may, within such period as may be prescribed by rules of court, apply to the court for an order directing the tribunal to refer the question to the court.

(3) On any reference to the court under this section with respect to any proceedings before the tribunal, and on any application under the last preceding subsection with respect to any such proceedings, every party to the proceedings before the tribunal shall be entitled to appear and to be heard.

(4) Where, after the tribunal has given its decision in any proceedings, the tribunal refers to the court under this section a question of law which arose in the course of the proceedings, and the court decides that the question was erroneously determined by the tribunal,—

(a) the tribunal, if it considers it requisite to do so for the purpose of giving effect to the decision of the court, shall give to the parties to the proceedings a further opportunity of presenting their cases respectively;

(b) in any event, the tribunal shall reconsider the matter in dispute in conformity with the decision of the court;

(c) if on such reconsideration it appears to the tribunal to be appropriate to do so, the tribunal shall make such order revoking or modifying any order previously made by it in the proceedings, or, in the case of proceedings under section twenty-seven of this Act where the tribunal refused to make an order, shall make such order under that section, as on such reconsideration the tribunal determines to be appropriate.

(5) Any reference of a question by the tribunal to the court under this section shall be by Way of stating a case for the opinion of the court; and the decision of the court on any such reference shall be final.

(6) In this section “the court”(a) in relation to any proceedings of the tribunal in England or Wales, or in Northern Ireland, means the High Court; and

(b) in relation to any proceedings of the tribunal in Scotland, means the Court of Session.

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