Article 4 Reference notice
A reference shall be made by way of a written notice (“the reference notice”) signed by or on behalf of the applicant and filed by the applicant.
In any case not covered by section 133(1)(a) (which provides that a reference must be made before the end of the period of 28 days beginning with the date on which a decision notice or supervisory notice is given), the period specified for the purposes of section 133(1)(b) (such other period as may be specified for making a reference) shall be the period of 28 days beginning with the date on which the Authority notice is given.
The reference notice shall state—
the name and address of the applicant;
the name and address of the applicant’s representative (if any);
if no representative is named under sub-paragraph (b), the applicant’s address for service in the United Kingdom (if different from the address notified under sub-paragraph (a));
that the notice is a reference notice; and
the issues concerning the Authority notice that the applicant wishes the Tribunal to consider.
In sub-paragraph (3)(a), “address”, where the applicant is a corporation, means the address of the applicant’s registered or principal office.
The applicant shall file with the reference notice a copy of any Authority notice to which the reference relates.
The applicant may include with the reference notice an application for directions, such as a direction extending any time limit for making a reference, a direction under rule 10(1)(e) (suspension of Authority’s action) or a direction under rule 10(1)(p) (that the register shall include no particulars about the reference).
At the same time as he files the reference notice, the applicant shall send a copy of that notice (and of any application for directions in accordance with paragraph (6)) to the Authority.
In all cases where an application for directions is made under paragraph (6) the Secretary shall refer the application for directions to the Tribunal for determination and he shall take no further action in relation to the reference notice until the application for directions has been determined.
Subject to paragraph (8) and to any directions given by the Tribunal, upon receiving a reference notice the Secretary shall—
enter particulars of the reference in the register; and
inform the parties in writing of—
the fact that the reference has been received;
the date when the Tribunal received the notice; and
the Tribunal’s decision on any application made for directions (and include a copy of any direction given),
and the Secretary when sending the parties this information shall specify the date on which he is sending it.