Article 43 Application for suspension of order (Form 18)

A party to the proceedings may, pending the determination of an appeal under rule 42, apply to the Tribunal to suspend the operation of an order made by it by serving on the Secretary a notice in Form 18 within 7 days of the receipt of the decision of the Tribunal together with a statement of the grounds for suspension, and he shall serve a copy of the same on every person who was a party to the proceedings giving rise to that decision and inform the Secretary of the date of such service.

Within 14 days of the service of the notice under paragraph (1) above a party may serve on the Secretary a statement setting out the grounds of his objection to the applicant’s case, and shall serve a copy of the same on every person who was a party to the proceedings giving rise to the decision and inform the Secretary of the date of such service.

Rules 10 to 16 shall apply to proceedings in respect of an application under this rule as they apply to proceedings in respect of an application under rule 3.

Where the Tribunal, after consideration of the application and any representations, refuses an application to suspend the operation of its order, the Secretary shall as soon as practicable serve on every party to the proceedings a copy of the Tribunal’s decision together with a statement of the Tribunal’s reasons for refusal.

Where any order of the Tribunal has been suspended upon the application of a party to the proceedings or by the court the Secretary shall serve notice of the suspension on all parties to the proceedings, and if particulars of the order have been advertised shall cause notice of the suspension to be advertised in the same manner, and rule 18 shall apply with regard to the publication of the decision.