- (a) gives the CMO 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.
(7) If—
- (a) while the order of the Tribunal has effect, a person does an act that—
- (i) is a rights infringement; but
- (ii) would not be a rights infringement if permission is deemed to have been granted under subsection (5); and
- (b) the terms of the order require the payment of a sum for the grant of that permission,
the sum is recoverable as a debt due by the person to the CMO.
(8) Upon the payment or recovery of the sum mentioned in subsection (7), the person is deemed for the purposes of subsection (5) to have complied with the terms of the order so far as they relate to the payment of the sum.
Orders not to contradict regulatory directions or class licence conditions
475.—(1) Despite any contrary provision in this Division, a Copyright Tribunal may not order a CMO to do anything that contravenes any class licence condition or regulatory direction applicable to the CMO.
(2) Without limiting section 494 (reference of question of law), the question whether an order or a proposed order of a Copyright Tribunal requires a CMO to do anything that contravenes any class licence condition or regulatory direction applicable to the CMO is a question of law that may be referred under that section.
