STATUTORY INSTRUMENTS 
2010 No. 791 
COPYRIGHT 
The Copyright Tribunal Rules 2010 
Made  - - - - 15th March 2010 
Laid before Parliament  16th March 2010 
Coming into force  - - 6th April 2010 
CONTENTS 
PART I 
PRELIMINARY 
 
1. Citation and Commencement 3 
2. Interpretation 3 3. Overriding objective 4 
4. Tribunal address for service 5 
5. Tribunal Website 5 
6. Representation and rights of audience 5 
 
PART II 
COMMENCING PROCEEDINGS 
 
7. Commencing proceedings 5 
8. Defective applications 5 
9. Power to reject 6 10. Amendment of application 6 11. Withdrawal of the application 6 
 
PART III 
RESPONSE TO THE PROCEEDINGS 
 
12. Acknowledgement and notification 7 
13. The response 7 
 
PART IV 
INTERVENTION AND CONSOLIDATION 
 
14. Publication of application 7 
15. Intervention 8  216. Consolidation 8 
 
PART V 
ALLOCATION 
 
17. Allocation 9 
18. Change of track 9 
 
PART VI 
CASE MANAGEMENT AND PREPARATION FOR HEARING 
 
19. Case management – general 9 
20. Directions 10 
21. Procedure for small applications 11 22. Case management of standard applications 11 23. Oral hearing of a standard application 11 
24. Evidence 11 
25. Expert evidence 12 26. Summoning of witnesses and orders to answer questions or produce documents 12 
27. Failure to comply with directions 13 
 
PART VII 
THE HEARING 
 
28. Hearing to be in public 13 
29. Procedure at the hearing 13 
 
PART VIII 
DELIVERY OF THE DECISION 
 
30. Delivery of the decision 13 31. Orders for costs 13 32. Effective date of order 14 
 
PART IX 
APPEALS FROM THE TRIBUNAL 
 
33. Commencement of appeal proceedings 14 
34. Suspension of order 14 
 
PART X 
INTERIM ORDERS AND AWARDS 
 
35. Power to make provisional awards 14 
36. Awards on different issues 14 
 
PART XI 
SUPPLEMENTARY 
 
37. Enforcement – England and Wales and Northern Ireland 15  338. Enforcement of Tribunal’s orders in Scotland 15 
39. Service of documents 15 
40. Time 15 
41. Office hours 15 42. Clerical mistakes and accidental slips or omissions 16 
43. Power of Tribunal to regulate procedure 16 
 
PART XII 
TRANSITIONAL AND REVOCATION 
 
44. Transitional provisions 16 
45. Revocation 16 
 
 SCHEDULE 1 — Application form 17 
 SCHEDULE 2 — Fees 18 
The Lord Chancellor in exercise of the powers conferred upon him by sections 150 and 152(2) and 
(3) of the Copyright, Designs and Patents Act 1988( a), after consultation with the Secretary of 
State( b), with the approval of the Treasury as to the fees chargeable under these Rules in respect 
of proceedings before the Copyright Tribunal, and aft er consultation with the Administrative 
Justice and Tribunals Council in accordance with paragraph 24(1), (3) and (4) of Schedule 7 to the 
Tribunals Courts and Enforcement Act 2007( c), makes the following Rules: 
PART I 
PRELIMINARY 
Citation and Commencement 
1. These Rules may be cited as the Copyright Tribunal Rules 2010 and shall come into force on 
6th April 2010. 
Interpretation 
2.—(1) In these Rules— 
“the Act” means the Copyright,  Designs and Patents Act 1988; 
“applicant” means a person or organisation who has made a reference or application to the 
Tribunal in accordance with rule 7; 
“application” means the application form and stat ement of grounds filed with the Tribunal in 
accordance with rule 7(1); 
“application form” means the form set out in Schedule 1; 
“bank holiday” has the meaning conferred by section 1 of the Banking and Financial Dealings 
Act 1971( d); 
                                                                                                                                            
(a) 1988 c.48. 
(b) The function of the Lord Advocate in section 150 of the Act transferred to the Secretary of State by virtue of S.I. 1999/678 
(article 2 and Schedule). 
(c) 2007 c.15; the Copyright Tribunals is a listed tribunal by virtue of S.I. 2007/2951. 
(d) 1971 c.80.  4“the Chairman” means the Chairman of the Tribunal or a deputy chairman or any other 
member of the Tribunal appoint ed to act as chairman; 
“costs”, in relation to proceedings in Scotland, means “expenses”; 
“court” means— (a) as respects England and Wales, the High Court; 
(b) as respects Scotland, the Court of Session; 
(c) as respects Northern Ireland, the Hi gh Court of Northern Ireland; 
“intervener” means a person or organisation who ha s applied under rule 15 to be made a party 
to proceedings; 
“the office” means the office for the time being of the Tribunal; 
“proceedings” means proceedings in respect of an application before the Tribunal; 
“relevant fee” means the fee payable to the Tribunal as set out in Schedule 2; “the Secretary” means the Secretary for the time being of the Tribunal; “small application” has the m eaning given in rule 17(6); 
“standard application” has the meani ng given in rule 17(6); 
“statement of truth” means— (a) in Northern Ireland, an affidavit; 
(b) in England and Wales and Scotland a statement  which meets the requirements of 
paragraphs (2) and (3) below; 
“the Tribunal” means the Copyright Tribunal; 
“the Tribunal address for service” has the meaning set out in rule 4; and “the Tribunal Website” has the m eaning set out in rule 5. 
(2) A statement of truth is a statement that— 
(a) The party putting forward the document, or 
(b) in the case of a witness statement, the maker of the witness statement 
believes the facts stated in the document are true. 
(3) A statement of trut h must be signed by— 
(a) In the case of a statement of grounds, a response or a request for permission to intervene, 
the party or the legal representative of the party and 
(b) In the case of a witness statement, the maker of the statement. 
(4) The powers conferred on the Tribunal by rules 39(3) and 42 may be exercised by either the 
Chairman or the Tribunal. 
Overriding objective 
3.—(1) The Rules set out a procedural code with  the overriding objective of enabling the 
Tribunal to deal with cases justly. 
(2) Dealing with a case justly includes, so far as practicable— 
(a) ensuring that the parties are on an equal footing; 
(b) saving expense; 
(c) dealing with the case in ways which are proportionate— 
(i) to the amount of money involved, 
(ii) to the importance of the case, 
(iii) to the complexity of the issues, and 
(iv) to the financial position of each party; 
(d) ensuring that it is dealt with expeditiously and fairly; and  5(e) allotting to it an appropriate share of the resources av ailable to the Tribunal, while taking 
into account the need to allot resources to other cases. 
(3) The parties are required to help the Tri bunal to further the overriding objective. 
Tribunal address for service 
4. The address for service of documents on the Tribunal is: The Secretary of the Copyright 
Tribunal, 21 Bloomsbury Street, London WC1B 3H F or such other address as may be notified in 
the London, Edinburgh and Belfast Gaze ttes and on the Tribunal Website. 
Tribunal Website 
5. The location of the Tribunal Website is: www.ipo.gov.uk/ctribunal.htm  or such other location 
as may be notified from time to time in such manner as the Chairman may direct. 
Representation and rights of audience 
6. In proceedings a party may be represented by— 
(a) a person who, for the purposes of the Legal Services Act 2007(a) is an authorised person 
in relation to an activity which constitutes th e exercise of a right of audience or the 
conduct of litigation within the meaning of that Act; 
(b) an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland; or 
(c) any other person allowed by the Tribunal to appear on his behalf. 
PART II 
COMMENCING PROCEEDINGS 
Commencing proceedings 
7.—(1) Proceedings are started when a person files— 
(a) an application form; 
(b) a statement of grounds; and 
(c) the relevant fee. 
(2) The statement of grounds must— 
(a) contain a concise statement of the facts on which the applicant relies; 
(b) state the statutory provision under which the application is made; 
(c) where appropriate include the terms of payment or terms of licence which the applicant 
believes to be unreasonable; 
(d) specify the relief sought; 
(e) be verified by a st atement of truth. 
Defective applications 
8.—(1) If the Tribunal considers that an application does not comply with rule 7, or is materially 
incomplete, or is lacking in clarity, it may give su ch directions as may be necessary to ensure that 
those defects are remedied. 
                                                                                                                                            
(a) 2007 c. 29.  6(2) The Tribunal may, if satisfied that the efficient conduct of the proceedings so requires, 
instruct the Secretary to defer service of the application on the respondent until after the directions 
referred to in paragraph (1) have been complied with. 
Power to reject 
9.—(1) The Tribunal may, after giving the parties an opportunity to be heard, reject an 
application in whole or in part at any stage in the proceedings if— 
(a) it considers that the Tribunal has no juri sdiction to hear the application; 
(b) it considers that the applicant 
(i) does not have a sufficient interest  in the application; or 
(ii) is not an organisation that is representative of a class of persons that have a sufficient 
interest in the application; 
(c) it considers, in accordance with relevant provision of the Act, that the application is 
premature; 
(d) it considers that the application is an abuse of the Tribunal’s process; 
(e) it considers that the application di scloses no reasonable grounds for bringing the 
application. 
(2) When the Tribunal rejects an application it may make any consequential order it considers 
appropriate. 
(3) For the purposes of paragraph (1)(c), the relevant provision means— 
(a) section 118(2), where the reference is made under section 118; 
(b) section 125(2), where the reference is made under section 125; 
(c) paragraph 3(2) of Schedule 2A, where the reference is made under paragraph 3 of 
Schedule 2A and 
(d) paragraph 10(2) of Schedule 2A, where the reference is made under paragraph 10 of 
Schedule 2A. 
Amendment of application 
10.—(1) The applicant may amend the applicati on only with the permission of the Tribunal. 
(2) Where the Tribunal grants permission under paragraph (1) it may do so on such terms as it 
thinks fit, and shall give such further or consequential directions as may be necessary. 
Withdrawal of the application 
11.—(1) The applicant may withdraw an applicati on only with the permission of the Tribunal. 
(2) Where the Tribunal gives permission under paragraph (1) it may— 
(a) do so on such terms as it thinks fit; and 
(b) instruct the Secretary to publish notice of th e withdrawal on the Tribunal Website or in 
such other manner as the Tribunal may direct. 
(3) Where an application is withdrawn any interim order of the Tribunal, other than an order 
made in respect of costs, shall immediately cease to have effect, unless the Tribunal directs otherwise.  7PART III  
RESPONSE TO THE PROCEEDINGS 
Acknowledgement and notification 
12.—(1) On receiving an application the Secretary must— 
(a) send an acknowledgement of its receipt to the applicant; and 
(b) subject to rules 8(2) and 9 send a copy of th e application to the respondent marked to 
show the date on which that copy is sent. 
The response 
13.—(1) The respondent must send to the Secretary a response in the form required by this rule 
so that the response is received within 28 days (or such further time as the Tribunal may allow) of 
the date on which the Secretary sent a copy of the application to the respondent in accordance with 
rule 12(b). 
(2) The response filed by the respondent must state— 
(a) the name and address of the respondent; 
(b) the name and address of the respondent’s legal representatives, if any; 
(c) an address for service in the European Economic Area; 
and must be signed and dated by the respondent, or on the respondent’s behalf by a duly 
authorised officer or legal representative. 
(3) The response must contain— 
(a) a concise statement of the facts on which the respondent relies; 
(b) any relief sought by the respondent; and 
(c) any directions sought pursuant to rule 20. 
(4) The response must be verified by a statement of truth. 
(5) Rules 8 and 10 shall apply to the response. 
(6) On receiving the response, the Secretary shall send a copy to the applicant. 
PART IV  
INTERVENTION AND CONSOLIDATION 
Publication of application 
14.—(1) Subject to rules 8 and 9 the Secretary must as soon as practicable upon receipt of an 
application publish a notice on the Tribunal Webs ite and in any other manner the Chairman may 
direct. 
(2) The notice referred to in paragraph (1) must state— 
(a) that an application has been received; 
(b) the section of the Act under which the application is made; 
(c) the name of the applicant; 
(d) the particulars of the relief sought by the applicant; 
(e) a summary of the princi pal grounds relied on; and 
(f) that any person— 
(i) with substantial interest in the proceedings;  8(ii) who objects to the application on the basi s that the applicant does not have a 
sufficient interest in the application; or 
(iii) who objects to the application on the basi s that the applicant is not representative of a 
class of persons that have a sufficient  interest in the application, 
may apply to intervene in the proceedings, in accordance with rule 15, within 28 days of 
publication of the notice or such ot her period as the Chairman may direct. 
Intervention 
15.—(1) Any person with substantial interest in the outcome of proceedings may make a request 
to the Tribunal for permission to intervene in those proceedings. 
(2) The request must be sent to the Secretary within 28 days of the publication of the notice in 
accordance with rule 14. 
(3) The Secretary shall give notice of the request for  permission to intervene to the respondent 
and all other parties to the proceedings and invite their observations on that request within a 
specified period. 
(4) A request for permission to intervene must state— 
(a) the title of the proceedings to which that request relates; 
(b) the name and address of the person wishing to intervene; 
(c) the name and address of their legal representative, if any; 
(d) an address for service in the European Economic Area; 
(e) the facts on which the person wishing to intervene relies and the relief sought. 
(5) The request must be verified by  a statement of truth and accom panied by the relevant fee. 
(6) The Tribunal may permit the intervention on such  terms and conditions as it thinks fit, if 
satisfied, having taken into account the observations of the parties, that the intervening party has a 
substantial interest. 
(7) On granting permission in accordance with paragraph (6), the Tribunal shall give all such 
consequential directions as it considers necessary with regard, in particular, to the service on the 
intervener of the documents lodged with the Secretary, the submission by the intervener of a 
statement of intervention and, if appropriate, th e submission by the principal parties of a response 
to the statement of intervention. 
(8) The statement of intervention and any response to it shall contain— 
(a) a concise statement of the facts suppor ting the intervention or response; and 
(b) any relief sought by the intervener or the party responding to the intervention. 
(9) The statement of intervention and any response sha ll be verified by a statement of truth. 
(10) Rules 8 and 10 shall apply to the statement of intervention. 
Consolidation 
16.—(1) Where two or more applications are made relating to the same licensing scheme or 
proposed licensing scheme, or which involve the same or similar issues, the Tribunal may on its 
own initiative, or on the request of a party, order that the proceedings or any particular issue or 
matter raised in the proceedings be consolidated or heard together. 
(2) Before making an order under this rule, the Tribunal must invite the parties to the relevant 
proceedings to submit their observations.  9PART V 
ALLOCATION 
Allocation 
17.—(1) The Tribunal shall allocate an application to the small applications track or to the 
standard applications track, taking into account the factors set out in this rule; 
(2) When the Tribunal makes an allocation it shall have regard to— 
(a) the financial value of the application to each of the parties; 
(b) whether the facts, legal issues, relief requested or procedures involved are simple or 
complex; and 
(c) the importance of the outcome of the application to other licensees or putative licensees 
of a licensing body. 
(3) The small applications track is the normal track fo r an application where its financial value is 
less than £50,000 to each party and the facts and legal issues involved are simple. 
(4) The standard track is the normal track for all other applications. 
(5) When the Tribunal has allocated an application to a track the Secretary shall serve a notice of 
allocation on every party. 
(6) Applications allocated to the small applications track are referred to as “small applications” 
and all other applications are referred to as “standard applications”. 
(7) The Rules apply to small applications with the exception of rules 22(1), (2) and (3), 23, 35 
and 36. 
(8) The Rules apply to standard applicati ons with the exception of rule 21. 
Change of track 
18. The Tribunal may at any time on the request of a party or of its own initiative order, having 
considered the factors set out  in rule 17(2), that— 
(a) proceedings allocated to the small applications track be transferred to the standard 
applications track; or 
(b) proceedings allocated to the standard applications track be transferred to the small 
applications track. 
PART VI 
CASE MANAGEMENT AND PREPARATION FOR HEARING 
Case management – general 
19.—(1) In determining applications the Tribunal shall actively exercise its powers set out in 
rules 16 (consolidation), 17 (allocation), 18 (change of track), 20 (directions), 21 (procedure for 
small applications) 22 (case management of st andard applications) 23 (oral hearing of a standard 
application) 24 (evidence), 25 (expert evidence) 26 (summoning of witnesses and order to answer 
questions or produce documents) and 27 (failure to com ply with directions) with a view to 
ensuring that the application is dealt with justly. 
(2) The Tribunal may in particular— 
(a) encourage and facilitate the use of an alternative dispute resolution procedure if it 
considers it appropriate; and 
(b) dispense with the need for the parties to attend any hearing.  10Directions 
20.—(1) The Tribunal may at any time, on the request of a party or of its own initiative, at a 
case management conference, pre-hearing review, on an application for appeal or otherwise, give 
such directions as are provided for in paragraph (2) bel ow or such other directions as it thinks fit 
to secure the just, expeditious and economical conduct of the proceedings. 
(2) Where a party requests directions in accordance w ith paragraph (1) the request must be 
accompanied by the relevant fee. 
(3) The Tribunal may give directions— 
(a) as to the manner in which the proceedings are to be conducted, including any time limits 
to be observed in the conduct of an oral hearing; 
(b) that the parties file a reply, rejoinder or other additional stat ements or particulars; 
(c) that part of any of the proceedings be dealt with as a preliminary issue; 
(d) that any part of the application, response or intervention be struck out; 
(e) for the dismissal of the proceedings; 
(f) to stay or, where the proceedings are in Scotland, to sist the whole or part of any 
proceedings or order or decision of the Tribunal either generally or until after a specified 
date; 
(g) for the preparation and exchange of skeleton arguments; 
(h) in relation to proceedings in England and Wales or Northern Ireland, requiring persons to 
attend and give evidence or to produce documents( a); 
(i) as to the evidence which may be required or admitted in proceedings before the Tribunal 
and the extent to which it shall be oral or written; 
(j) as to the submission in advance of a heari ng of any witness statements or expert reports; 
(k) as to the cross-examination of witnesses; 
(l) as to the fixing of time limits with respect to any aspect of the proceedings; 
(m) as to the abridgement or extension of any  time limits, whether or not expired; 
(n) for the disclosure between, or the producti on by, the parties of documents or classes of 
documents; 
(o) for the appointment and instruction of experts, wh ether by the Tribunal or by the parties 
and the manner in which expert evidence is to be given; 
(p) as to the use or further disclosure of a document which has been disclosed in the 
proceedings, whether or not it has been read to or by the Chairman or Tribunal or referred 
to at a hearing which has been held in public; 
(q) for the award of costs; and 
(r) for hearing a person who is not a party where, in any proceedings, it is proposed to make 
an order or give a direction in  relation to that person. 
(4) The Tribunal may, in particular, of its own initiative— 
(a) put questions to the parties; 
(b) invite the parties to make written or oral submissions on certain aspects of the 
proceedings; 
(c) ask the parties or other persons for information or particulars; 
(d) ask for documents or any papers relating to the case to be produced; 
(e) summon the parties’ representatives or the parties in person to meetings. 
                                                                                                                                            
(a) Section 151(3) of the Act applies to proceedings in Scotland.  11(5) A request by a party for directions shall be ma de in writing as soon as practicable and shall 
be served by the Secretary on any other party who might be affected by such directions and 
determined by the Tribunal taking into account the observations of the parties. 
Procedure for small applications 
21.—(1) This rule contains the procedure for small applications. 
(2) As soon as possible after an allocation is ma de in accordance with rule 17 or 18 the Tribunal 
shall give directions and notify the parties of the date on which the decision shall be delivered in accordance with rule 30. 
(3) If any party requests a hearing or the Tribunal considers that a hearing is required, either 
before or after the Tribunal has given directions in accordance with paragraph (2) the Tribunal must give directions (which may include directions for a case management conference or a pre-
hearing review), fix a date for the hearing and no tify the parties in writing of the date, time and 
place of that oral hearing. 
Case management of standard applications 
22.—(1) This rule applies to the case management of standard applications. Paragraphs (4) and 
(5) of this rule apply to small applications if the Tribunal gives directions in accordance with rule 
21(3). 
(2) Where it appears to the Tribunal that any proceedings would be facilitated by holding a case 
management conference or pre-hearing review the Tribunal may, on the request of a party or of its 
own initiative, give directions for such a conference or review to be held. 
(3) Unless the Tribunal otherwise directs, a case management conference must be held as soon 
as practicable after allocation in accordance with rule 17 or rule 18(a). 
(4) A case management conference or pre-hearing review shall be held in private unless the 
Tribunal otherwise directs. 
(5) The purpose of a case management conference or pre-hearing review is— 
(a) to ensure the efficient conduct of the proceedings; 
(b) to determine the points on which the parties must present further argument or which call 
for further evidence to be produced; 
(c) to clarify the forms of order sought by the parties, their arguments of fact and law and the 
points at issue between them; 
(d) to ensure that all agreements that can be reached between the parties about the matters in 
issue and the conduct of the proceedings are made and recorded; 
(e) to facilitate the settlement of the proceedings; 
(f) to set a timetable outlining the steps to be taken by the parties pursuant to directions in 
preparation for the oral hearing of the proceedings; 
(g) to set the dates within which the hearing shall take place. 
Oral hearing of a standard application 
23. As soon as practicable after the case management conference or pre-hearing review, the 
Secretary shall, after discussions with the parties, notify the parties in writing of the date, time and 
place for the oral hearing and of any timetable for that hearing. 
Evidence 
24.—(1) The Tribunal may control the evidence by giving directions as to — 
(a) the issues on which evidence is required; 
(b) the nature of the evidence required to decide those issues; and  12(c) the way in which the evidence is to be placed before the Tribunal. 
(2) The Tribunal may use its power to exclude evidence  that would otherwise be admissible 
where— 
(a) the evidence was not provided within  the time allowed by a direction; 
(b) the evidence was provided in a manner that  did not comply with a direction; 
(c) it would be unfair to admit the evidence; 
(d) the evidence is not proportionate to the issues of the case; or 
(e) the evidence is not necessary for the fair disposal of the case. 
(3) The Tribunal may require any witness to give  evidence on oath or affirmation or, if in 
writing, by way of a witness statement verified by a statement of truth. 
(4) The Tribunal may allow a witness to give evidence through a video link or by other means. 
Expert evidence 
25.—(1) Expert evidence shall be restricted to that  which is proportionate to the issues of the 
case and necessary for the fair disposal of the case. 
(2) No party may call an expert or put in expert ev idence without the permi ssion of the Tribunal. 
(3) When a party applies for permission to call an expert or put in expert evidence it must 
identify— 
(a) the field in which expert evidence shall be relied upon; 
(b) the expert in that field whose evidence shall be relied upon and, if applicable, the 
organisation by whom the expert is employed and 
(c) the principal issues which the e xpert will be expected to address. 
(4) If the Tribunal grants permission under this rule it must be only in relation to the expert 
named and the field and on the issues identified in the application. 
(5) The Tribunal may limit the fees and expenses of an expert that can be recovered from the 
parties to the litigation that di d not instruct that expert. 
Summoning of witnesses and orders to answer questions or produce documents 
26.—(1) On the application of a party or on its own initiative, the Tribunal may— 
(a) by summons require any person to attend as a witness at a hearing at the time and place 
specified in the summons; or 
(b) order any person to answer any questions or produce any documents in that person’s 
possession or control which relate to any issue in the proceedings. 
(2) A summons under paragraph (1)(a) must— 
(a) give the person required to attend not less than 14 days’ notice of the hearing or such 
shorter period as the Tribunal may direct; and 
(b) where the person is not a party, make provision for the person’s necessary expenses of 
attendance to be paid, and state who is to pay them. 
(3) No person may be compelled to give any evidence or produce any document that the person 
could not be compelled to give or produce on a trial of an action in a court of law in the part of the 
United Kingdom where the proceedings are due to be determined. 
(4) This rule shall only apply to proceedings in England and Wales and Northern Ireland( a) 
                                                                                                                                            
(a) Section 151(3) of the Act applies to proceedings in Scotland.  13Failure to comply with directions 
27. If any party fails to comply with any direction given in accordance with these Rules, the 
Tribunal may,  if it considers that the justice of the case so requires, order that such party be 
debarred from taking any further part in the procee dings without the permission of the Tribunal. 
PART VII 
THE HEARING 
Hearing to be in public 
28. Except where the Tribunal orders otherwise, the hearing of any application must be in 
public. 
Procedure at the hearing 
29.—(1) The proceedings must be opened and directed by the Chairman who is responsible for 
the proper conduct of the hearing. 
(2) The Tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its 
proceedings and shall conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to  the just, expeditious and economical handling 
of the proceedings. 
(3) Unless the Tribunal otherwise directs, no wi tness of fact or expert may be heard unless the 
relevant witness statement or expert report has been submitted in advance of the hearing and in 
accordance with any directions of the Tribunal. 
(4) The Tribunal may limit cross-examination of wi tnesses to any extent or in any manner it 
deems appropriate. 
PART VIII 
DELIVERY OF THE DECISION 
Delivery of the decision 
30.—(1) The decision of the Tribunal on an applica tion must be given in writing and must 
include a statement of the Tribunal’s reasons. 
(2) The Secretary must as soon as practicable serve on every party to the proceedings a copy of 
the Tribunal’s decision. 
(3) The Chairman must arrange for the decision of the Tribunal to be published in such manner 
as considered appropriate. 
Orders for costs 
31.—(1) The Tribunal may, at its discretion, at  any stage of the proceedings make any order it 
thinks fit in relation to the payment of costs by one party to another in respect of the whole or part 
of the proceedings. 
(2) Any party against whom an order for costs is made shall, if the Tribunal so directs, pay to 
any other party a lump sum by way of costs, or such proportion of the costs as may be just, and in the last mentioned case the Tribunal may assess the sum to be paid or may direct that it be 
assessed or, where appropriate, taxed by— 
(a) the Chairman; 
(b) a costs officer of the High Court;  14(c) the Master (Taxing Office) of the Hi gh Court of Northern Ireland; or 
(d) the Auditor of the Court of Session. 
Effective date of order 
32. Except where the operation of the order is suspended under rule 33 or 34, an order of the 
Tribunal shall take effect from such date, and sha ll remain in force for such period, as is specified 
in the order. 
PART IX 
APPEALS FROM THE TRIBUNAL 
Commencement of appeal proceedings 
33.—(1) An appeal to the court under section 152 of the Act arising from a decision of the 
Tribunal must be brought within 28 days of the dat e of decision of the Tribunal or within such 
further period as the court may, on application to it, allow. 
(2) A party appealing to the court must as soon as may be practicable serve on the Secretary a 
notice of such appeal accompanied by the relevant fee and shall serve a copy of the notice on 
every person who was a party to the proceedings giving rise to that decision. 
(3) Following receipt of the notice of appeal by the Secretary the Tribunal may on its own 
initiative suspend the operation of any order contained in its decision. 
Suspension of order 
34.—(1) Unless the Tribunal orders otherwise an appeal to the Court shall not operate as a stay 
of any decision or order of the Tribunal. 
(2) The Tribunal may endorse a consent order where all parties to an action have consented to 
the suspension of the operation of an order. 
(3) An application to the Tribunal for an endorsement under paragraph (2) must be accompanied 
by the relevant fee. 
(4) Where any order of the Tribunal has been suspended by the Tribunal in accordance with rule 
33(3) or upon the application of a party to the proceedings in accordance with rule 34(2) the Secretary must serve notice of the suspension on all parties to the proceedings, and if particulars of the order have been advertised must cause notice of the suspension to be advertised in the same 
manner. 
(5) Rule 30(3) applies to the publication of a decision to suspend an order. 
PART X 
INTERIM ORDERS AND AWARDS 
Power to make provisional awards 
35. Subject to rule 36, the Tribunal shall have pow er to order on a provisional basis any relief 
which it would have power to  grant in a final decision. 
Awards on different issues 
36.—(1) The Tribunal may make more than one award at  different times on different aspects of 
the matters to be determined. 
(2) The Tribunal may, in particul ar, make an award relating to—  15(a) an issue affecting the whole claim, or 
(b) a part only of the claims or cross-cl aims submitted to it for decision. 
(3) If the Tribunal makes an award under paragraph (2) it shall specify in its award the issue, or 
the claim or part of a claim, which is the subject matter of that award. 
PART XI 
SUPPLEMENTARY 
Enforcement – England and Wales and Northern Ireland 
37. A decision made by the Tribunal may, by leave of the court, be enforced in England and 
Wales or Northern Ireland in the same manner as a judgment or order of the court to the same 
effect. 
Enforcement of Tribunal’s orders in Scotland 
38. Any decision of the Tribunal may be enforced in Scotland in the same way as a recorded 
decree arbitral. 
Service of documents 
39.—(1) Any notice or other document required by these Rules to be served on any person may 
be sent by pre-paid post to its address for servi ce, or, where no address for service has been given, 
to its registered office, principal place of business or last known address, and every notice or other 
document required to be served on the Secretary may be sent by pre-paid post to the Secretary the 
Tribunal address for service during office hours. 
(2) Any notice or other document required to be  served on a licensing body or organisation 
which is not a body corporate may be sent to  the secretary, manager or other similar officer. 
(3) The Tribunal may direct that service of any notice or other document be dispensed with or 
effected otherwise than in the manner provided by these Rules. 
(4) Service of any notice or document on a party’s solicitor or agent shall be deemed to be 
service on such party, and service on a solicitor or agent acting for more than one party shall be deemed to be service on every party for whom such a solicitor or agent acts. 
Time 
40.—(1) Where a period expressed in days, weeks or months is to be calculated from the 
moment at which an event occurs or an action takes place, the day during which that event occurs or that action takes place shall not be counted as falling within the period in question. 
(2) A period expressed in weeks or months shall end with the expiry of whichever day in the last 
week or month is the same day of the week or falls on the same date in the month, as the day during which the event or action from which the period is to be calculated occurred or took place. 
If, in a period expressed in months, the day on which it should expire does not occur in the last 
month, the period shall end with the expiry  of the last day of that month. 
(3) Where the time for doing any act expires on a Saturday, Sunday, Christmas Day, Good 
Friday or bank holiday, the act is in time if done on the next following day which is not a Saturday, a Sunday, Christmas Day, Good Friday or bank holiday in any part of the United Kingdom. 
Office hours 
41. The office shall be open between 10.00am and 4.00pm Monday to Friday, excluding Good 
Friday, Christmas Day and bank holidays in England and Wales.  16Clerical mistakes and accide ntal slips or omissions 
42. The Tribunal may at any time correct any clerical mistake or other accidental slip or 
omission in a decision, direction or any document produced by it, by— 
(a) sending notification of the amended decision or direction, or a copy of the amended 
document, to each party; and 
(b) making any necessary amendment to any information published in relation to the 
decision, direction or document. 
Power of Tribunal to regulate procedure 
43. Subject to the provisions of the Act and these Rules, the Tribunal shall have power to 
regulate its own procedure. 
PART XII 
TRANSITIONAL AND REVOCATION 
Transitional provisions 
44. Any proceedings commenced under the Act before these Rules come into force shall 
continue in accordance with these Rules. 
Revocation 
45. The Copyright Tribunal Rules 1989( a) are revoked. 
 
    
Signed by authority of the Lord Chancellor 
   
 Bridget Prentice  
 Parliamentary Under Secretary of State 
15th March 2010 Ministry of Justice 
 
   
We approve the fees prescribed by these Rules in respect of proceedings before the Copyright 
Tribunal. 
 
 
 
 Dave Watts 
 Tony Cunningham 
11th March 2010 Two of the Lords Commissioners of Her Majesty’s Treasury 
 
                                                                                                                                            
(a) S.I. 1989/1129.  17 
  
 SCHEDULE 1 Rule 2 
Application form 
 
APPLICATION FORM 
 
 Tribunal reference: 
Issue Date 
Applicant’s name and address, email address and telephone number: 
     
Respondent’s name and address, email address and telephone number: 
 
 
 
  
 
 
Either (a) the section number of the Copyright Designs and Patents Act 1988 or Broadcasting Act 
1990 or (b) name of the Regulations under which the claim is brought: 
  
 
Brief details of the facts upon which the applicant relies: 
 
 
 
 
 
 
Applicant’s address for service, if different from the address above:  
 
 
 
 
 
Date: 
  18 SCHEDULE 2 Rule 2 
Fees 
1. The relevant fee is £15 for an application for directions in accordance with rule 20, other than 
an application for a direction under rule 20(3)(d). 
2. The relevant fee is £25 for 
(a) an application for directions under rule 20(3)(d); 
(b) a request for permission to intervene made under rule 15; 
(c) a notice of appeal served in accordance with rule 33; 
(d) an application for endorsement of a consent order made in accordance with rule 34(3); 
(e) an application to the Tribunal made under rule 7 where the application is 
(i) for special leave made under section 120, 122, 127, 135F, 142 or paragraph 5 of 
Schedule 6 to the Act or paragraph 6(2) of Schedule 17 to the Broadcasting Act 
1990( a); 
(ii) a reference made under section 125 or 126 of the Act; 
(iii) an appeal made under section 139 of the Act; 
(iv) made under section 135F( b) of the Act for review of an order; 
(v) made under section 142 of the Act to settle royalty or other sums payable; 
(vi) made under section 144 of the Act to settle terms of a licence of right; 
(vii) made under paragraph 6(1) of Schedule 17 to the Broadcasting Act 1990. 
3. The relevant fee is £50 for an application m ade under rule 7, other than an application listed 
in paragraph 2(e) above. 
                                                                                                                                            
(a) 1990 c.42. 
(b) Section 135F was inserted by section 175(1) of the Broadcasting Act 1990 (c.42).  19EXPLANATORY NOTE 
(This note is not part  of the Rules) 
These rules prescribe the procedure to be followe d before the Copyright  Tribunal (“Tribunal”) 
established by section 23 of the Copyright Act 1956 and renamed by section 145 of the Copyright 
Designs and Patents Act 1988 (“the Act”) in relation to proceedings before the Tribunal including 
proceedings under the Act. 
Part I contains the definitions used in the Ru les, the overriding objective of the Rules and rules 
on representation and rights of audience before the Tribunal. 
Part II and Schedule 1 set out the procedure for commencing proceedings in the Tribunal and the 
form to be used, the Tribunal’s powers to reject an application and the applicant’s powers to 
amend or withdraw an application. 
Part III sets out the procedure for responding to an application. 
Part IV sets out requirements for publicati on of an application and the procedure for intervening 
in proceedings before the Tribunal. It also allows the Tribunal to consolidate applications if certain 
conditions are met. 
Part V imposes obligations on the Tribunal to allocate and, if necessary, to re-allocate, an 
application to a small applica tions or standard applications track. 
Part VI contains rules on the case management of applications and imposes an obligation on the 
Tribunal to exercise these powers with a view to ensuri ng that the application is dealt with justly. 
Part VII sets out the rules that apply to a hearing. 
Part VIII contains the rules that apply to th e delivery of a decision, costs orders and the effective 
date of an order. 
Part IX sets out the rules that appl y to an appeal and to a suspension of an order. 
Part X sets out rules on interim orders and awards.  These rules do not apply to applications in 
the small applications track. 
Part XI contains supplemental  provisions including rules on enforcement of decisions of the 
Tribunal. 
Part XII revokes the Copyright Tribunal Rules 1989( a). 
Schedule 2 sets out the fees for appli cations made to the Tribunal. 
A full regulatory impact assessment has not been produced for this instrument as no impact on 
the private or voluntary sectors is foreseen. 
                                                                                                                                            
(a) S.I. 1989/1129 ____________________________________________________________________________________________________________ 
 
¤ Crown copyright 2010 
Printed and published in the UK by The Stationery Office Limited under  the authority and superintendence of Carol Tullo, Contro ller 
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E6527 03/2010 106527T 19585 STATUTORY INSTRUMENTS 
2010 No. 791 
COPYRIGHT 
The Copyright Tribunal Rules 2010 