[F1[F1133A Proceedings before Tribunal: decision and supervisory notices, etc.U.K.
(1)In determining a reference made (whether under this or any other Act) as a result of a decision notice given by the Authority, the Tribunal may not direct the Authority to take action which the Authority would not, as a result of section 388(2), have had power to take when giving the notice.
(2)In determining a reference made as a result of a supervisory notice given by the Authority, the Tribunal may not direct the Authority to take action which would have otherwise required the giving of a decision notice.
(3)In subsection (2) “supervisory notice” has the same meaning as in section 395.
(4)The Authority must not take the action specified in a decision notice—
(a)during the period within which the matter to which the notice relates may be referred to the Tribunal (whether under this or any other Act); and
(b)if the matter is so referred, until the reference, and any appeal against the Tribunal's determination, has been finally disposed of.
(5)The Tribunal may, on determining a reference (whether made under this or any other Act) in respect of a decision of the Authority, make recommendations as to the Authority's regulating provisions or its procedures.]]
Textual Amendments
F1Ss. 133-133B substituted (6.4.2010) for s. 133 by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(2)(e), 5(1), Sch. 2 para. 45