28Application for leave under subsection 156 (2) to refer licence scheme to Tribunal

28 Application for leave under subsection 156 (2) to refer licence scheme to Tribunal

(1) A person desiring the leave of the Tribunal under subsection (2) of section 156 of the Act to refer a licence scheme to the Tribunal under subsection (1) of that section and desiring that the question whether the leave should be granted be determined before the preliminary hearing or the hearing of the reference shall make an application to the Tribunal in accordance with this regulation.

(2) The application shall:

(a) describe the general nature of the scheme as previously confirmed, varied or substituted by the Tribunal;

(b) specify the class of cases in relation to which the applicant wishes to refer the scheme to the Tribunal;

(c) specify the date when the Tribunal last made an order with respect to the scheme in relation to that class of cases and the relevant file number;

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

(e) set out particulars of the matter in dispute;

(f) state the grounds on which leave is sought for the making of the reference; and

(g) request the Tribunal to grant leave to the applicant to refer the scheme to the Tribunal in so far as it relates to that class of cases.

(3) The parties to the application are:

(a) the applicant;

(b) if the application is not made by the licensor operating the scheme — that licensor; and

(c) such other persons (if any) as apply to the Tribunal to be made parties to the application and, in accordance with the next succeeding subregulation, are made parties to the application.

(4) Where a person applies to the Tribunal to be made a party to the application and it appears to the Tribunal that the person has a substantial interest in the operation of the scheme in so far as it relates to the class of cases specified in the application, the Tribunal may, if it thinks fit, make that person a party to the application.

(5) The Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make such order, either granting or refusing the application, as the Tribunal thinks fit.