(8) The reference may be withdrawn at any time before the Tribunal makes a decision under subsection (6).
(9) Despite anything in the tariff scheme but subject to any interim order made by the Tribunal, the tariff scheme remains in force while the reference is pending.
(10) Once an order under subsection (6)(b) takes effect, the tariff scheme remains in force so long as the order has effect.
(11) This section does not prevent a person from bringing a reference of the tariff scheme under section 470 or 471 at any time—
- (a) in respect of any class of cases to which the existing order does not apply; or
- (b) after the existing order expires.
Effect where tariff scheme remains in force pending reference or after Tribunal order
473.—(1) This section applies where a tariff scheme remains in force—
- (a) under section 471(7) or 472(9) while a reference is pending; or
- (b) under an order of a Copyright Tribunal made under section 470(2), 471(4) or 472(6).
(2) While the tariff scheme remains in force, a person is deemed to have been granted permission in accordance with the tariff scheme if the person complies with the terms of the tariff scheme (including any variations ordered by the Tribunal) at all material times.
(3) For the purposes of subsection (2), if the terms of a tariff scheme require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person—
- (a) gives the CMO operating the tariff scheme a written undertaking to pay the sum when it is ascertained; and
- (b) pays the sum to the CMO as soon as practicable when it is ascertained.
