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- “President” means the President of the Tribunal;
- “proceeding”, in relation to the Tribunal, includes an inquiry by the Tribunal under section 157.
(2) In this Part—
- (a) a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;
- (b) a reference to giving an opportunity to a person or organisation of presenting a case is a reference to giving the person or organisation an opportunity, at the option of the person or organisation, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;
- (c) a reference to a person who requires a licence of a particular kind includes a reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal of that licence or a grant of a further licence of the same kind; and
- (d) a reference to proceedings for infringement of copyright includes a reference to proceedings brought in respect of an alleged contravention of section 136(6).
Cases to which licence schemes apply
150.—(1) For the purposes of this Part, a case shall, subject to subsection (2), be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.
(2) For the purposes of this Part, where, in accordance with a licence scheme—
- (a) the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
- (b) a case relates to one or more matters falling within such an exception,
that case shall be deemed not to be a case to which the scheme applies.
