Criteria for making orders under section 103D(1)
5.—(1) The appropriate court must exercise the power to make an order under section 103D(1) in accordance with this regulation.
(2) If, upon a section 103A application, the appropriate court makes an order for reconsideration, subject to paragraph (5) it must not make an order under section 103D(1).
(3) If the High Court makes a reference under section 103C of the 2002 Act, it must make an order under section 103D(1).
(4) If the appropriate court dismisses or makes no order on the section 103A application, it may make an order under section 103D(1) only if–
(a)there has been a change in any relevant circumstances or a change in the law since the application was made; and
(b)at the time when the application was made, there was a significant prospect that the appeal would be allowed upon reconsideration.
(5) The appropriate court may, on an application in writing by a supplier or counsel instructed by the supplier, make an order under section 103D(1) where it has made an order for reconsideration, but no reconsideration of the appeal takes place.
(6) In this regulation, “the appropriate court” means–
(a)the High Court; or
(b)a member of the Tribunal who considers a section 103A application by virtue of paragraph 30 of Schedule 2 to the 2004 Act.