53. Section 472 — permission of Tribunal to review existing order

An application for the permission of a Tribunal to bring a reference under section 472(4) in respect of an existing order mentioned in section 472(1) must be made in accordance with this regulation.

The application must —

be made by —

the CMO operating the tariff scheme;

the intending user of the tariff scheme; or

the organisation that claims to be representative of intending users of the tariff scheme,that seeks to refer the tariff scheme to the Tribunal;

set out the circumstances or events giving rise to the application and, in particular, must —

describe the general nature of the tariff scheme as previously confirmed or varied by a Tribunal;

specify the class of cases in relation to which the applicant wishes to refer the tariff scheme to the Tribunal;

specify the date when the existing order was made and the relevant case file number;

state the name of the other party to the dispute that gave rise to the application;

set out particulars of the matter in dispute; and

state the grounds on which permission is sought;

request the Tribunal to grant permission to the applicant to refer the tariff scheme to the Tribunal to the extent that it relates to that class of cases; and

be in the specified form.

The parties to the application are —

the CMO, intending user or organisation making the application;

if the application is not made by the CMO operating the tariff scheme — that CMO; and

any person that is made a party to the application under regulation 34.

The Tribunal must consider the application and, after giving to each party to the application an opportunity to present a case, must make an order to grant or refuse the application.

An application for the permission of a Tribunal to bring a reference under section 472(4) in respect of an existing order mentioned in section 472(1) must be made in accordance with this regulation.

The application must —

be made by —

the CMO operating the tariff scheme;

the intending user of the tariff scheme; or

the organisation that claims to be representative of intending users of the tariff scheme,that seeks to refer the tariff scheme to the Tribunal;

set out the circumstances or events giving rise to the application and, in particular, must —

describe the general nature of the tariff scheme as previously confirmed or varied by a Tribunal;

specify the class of cases in relation to which the applicant wishes to refer the tariff scheme to the Tribunal;

specify the date when the existing order was made and the relevant case file number;

state the name of the other party to the dispute that gave rise to the application;

set out particulars of the matter in dispute; and

state the grounds on which permission is sought;

request the Tribunal to grant permission to the applicant to refer the tariff scheme to the Tribunal to the extent that it relates to that class of cases; and

be in the specified form.

The parties to the application are —

the CMO, intending user or organisation making the application;

if the application is not made by the CMO operating the tariff scheme — that CMO; and

any person that is made a party to the application under regulation 34.

The Tribunal must consider the application and, after giving to each party to the application an opportunity to present a case, must make an order to grant or refuse the application.