(2)
The parties to a reference under this section shall be(a)
the organization or person at whose instance the reference is made;
(b)
the licensing body operating the scheme to which the reference relates; and
(c)
such other organizations or persons (if any) as apply to the tribunal to be made
parties to the reference and are in accordance with subsection (3) made parties
thereto.
(3)
Where an organization (whether claiming to be representative of persons requiring
licences or not) or a person (whether requiring a licence or not) applies to the tribunal to
be made a party to a reference, and the tribunal is satisfied that the organization or
person has a substantial interest in the matter in dispute, the tribunal may, if it thinks fit
make that organization or person a party to the reference.
(4)
The tribunal shall not entertain a reference under this section by an organization unless
the tribunal is satisfied that the organization is reasonably representative of the class of
persons which it claims to represent.
(5)
Subject to the provisions of subsection (4), the tribunal shall on any reference under this
section consider the matter in dispute and after giving the parties to the reference an
opportunity of presenting their respective cases, make such order, either confirming or
varying the scheme in so far as it relates to cases of the class to which the reference
relates, as the tribunal may determine to be reasonable in the circumstances.
(6)
An order of the tribunal under this section may, notwithstanding anything contained in
the licence scheme to which it relates, be made so as to be in force either indefinitely or
for such period as the tribunal may determine.
(7)
Where the tribunal has made an order in respect of a licence scheme which has been
referred to it, such scheme shall, notwithstanding anything contained therein, in so far
as it relates to the class of cases in respect of which the order was made, thereafter
remain in operation subject to the terms of the order: Provided that this subsection shall
not apply in relation to a reference as respects any period after the reference has been
withdrawn or has been discharged by virtue of subsection (4).
32 Further reference of scheme to tribunal
(1)
Where the tribunal has made an order under section 31 with respect to a licence scheme
(a)
the licensing body operating the scheme;
Source: http://www.wipo.int/portal/es/