Page:Copyright Regulations 1978 from Government Gazette.djvu/13

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42No. 6252
Government Gazette, 22 December 1978

(3) If all parties to the proceedings consent to the application, it shall be accompanied by consents signed by them or on their behalf; and in any other case, a copy of the application shall, before it is made, be served by the applicant on every other party, and the application shall state that this has been done.

(4) Any party objecting to the application may, within seven days after receiving a copy thereof, send written notice of objection to the Registrar and to the applicant, and in that case, before disposing of the application, the Tribunal shall consider any objection of which notice has been given as aforesaid and may, if it thinks fit, give all parties concerned an opportunity of being heard.


Consolidation of proceedings

29. If more than one reference under section 31 or 32 relating to the same licence scheme, or more than one application under section 33 relating to the same licensing body or person is pending before the Tribunal, the Tribunal may, if it thinks fit, either of its own motion or on application made under regulation 28, order that some or all of the references or applications, as the case may be, be considered together, and may give such consequential directions as may be necessary: Provided that the Tribunal shall not make an order under this regulation of its own motion without giving all parties concerned a reasonable opportunity of objecting to the proposed order.


Disclosure of documents

30. (1) Every party to proceedings before the Tribunal shall send to the Registrar and to every other party a copy of any document relevant to the proceedings which is in that party's possession or control.

(2) If any party fails without just cause to comply with the requirements of subregulation (1), the Tribunal may order him to comply and may give such consequential directions concerning the adjournment of the hearing or otherwise as may be necessary and may order any party to pay any costs occasioned by his default.

(3) The Tribunal may, if any party fails within the time fixed by it to comply with any order made under subregulation (2), order that such party shall be deemed to have abandoned any interest it may have had in the proceedings and dismiss the application or reference, as the case may be, and make such order concerning costs as it deems fit.


Evidence

31. (1) Evidence at any hearing before the Tribunal shall be given orally or, if the parties agree or the Tribunal so orders, by affidavit, but the Tribunal may at any stage of the proceedings require the personal attendance of any deponent for examination and cross-examination.

(2) The provisions of regulation 27 (3), in so far as they relate to the attendance of witnesses or their failure to attend on a subpoena or order by the Tribunal, shall apply to any witness so subpoenaed or ordered to attend.