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NO. 22 OF 2021
- (b) the organisation mentioned in subsection (2)(c) must be representative of intending users in respect of the class or classes of cases to which the existing order applies; and
- (c) the reference must relate only to the class or classes of cases to which the existing order applies.
(4) The permission of a Tribunal is required to bring a reference in the following cases:
- (a) if the existing order has effect indefinitely or for a period exceeding 15 months—less than 12 months have elapsed since the date of the order;
- (b) if the existing order has effect for a period of 15 months or less—there are more than 3 months before the order expires.
(5) The Tribunal must reject the reference without considering its merits if—
- (a) it is made by an organisation; and
- (b) the organisation is not reasonably representative of the intending users it claims to represent.
(6) Subject to subsection (5), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances—
- (a) confirm the existing order; or
- (b) revoke the existing order and make a fresh order to vary the tariff scheme (including substituting the tariff scheme with another tariff scheme), in which case the Tribunal must also—
- (i) specify the date from which the fresh order has effect; and
- (ii) specify whether the fresh order has effect indefinitely or for a specified period.
(7) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making a fresh order under subsection (6)(b).
