- (ii) a CMO has—
- (A) unreasonably refused to grant (or procure the grant of) the required permission after a request was made by Y; or
- (B) proposed to grant (or procure the grant of) permission to Y on terms that are unreasonable in the circumstances;
- (ii) a CMO has—
- (c) an organization (Z) that is representative of persons to which paragraph (b) applies.
(2) For the purposes of subsection (1), a CMO is deemed to have refused to grant (or procure the grant of) permission to a person if it fails to grant (or procure the grant of) that permission within a reasonable time after a request to do so.
(3) The Tribunal must reject the application without considering its merits if—
- (a) it is made by an organisation; and
- (b) the organisation is not reasonably representative of the persons it claims to represent.
(4) Subject to subsection (3), the Tribunal may, having regard to what is reasonable in the circumstances, order the CMO—
- (a) to grant (or procure the grant of) the permission required by X, Y or the persons represented by Z, as the case may be; and
- (b) to do so on the terms specified by the Tribunal.
(5) While an order under subsection (4) has effect, X, Y or a person represented by Z (as the case may be) is deemed to have been granted the relevant permission if X, Y or the person complies with the terms specified by the Tribunal at all material times.
(6) For the purposes of subsection (5), if the terms specified by the Tribunal 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—
