Regulation 16 Power to make interim orders and directions

(1)

The chairman may make an order granting on an interim basis any remedy which the tribunal would have the power to grant in its final decision, or otherwise give an interim direction in relation to the enforcement decision in question.

(2)

An order may be made or a direction given under this regulation on the chairman’s own motion or on the application of–

(a)

the appellant, or

(b)

any interested person whom the tribunal is required to invite to make representations under regulation 17.

(3)

Where an application is made for an order or direction under this regulation before the appointment of the chairman, the order or direction may be made or given by the tribunal on a temporary basis.

(4)

An order made or direction given by the tribunal under paragraph (3) is subject to the decision of the chairman, and when the chairman has been appointed, he must without delay either affirm the order or direction (with or without variation) or discharge it.

(5)

Before making, giving or affirming an order or direction under this regulation, the tribunal must give the Secretary of State an opportunity to object, and, subject to paragraph (6), must consider any such objection.

(6)

In an urgent case, the tribunal may make an order or give a direction under this regulation before considering any objection made by the Secretary of State, but it must consider whether to revoke or vary the order or direction in the light of any such objection.

(7)

The chairman may exercise his power to make, give or affirm an order or direction under this regulation only if he is satisfied that—

(a)

failure to do so will deprive the appellant of the substance of the remedy which may be available if the appeal is successful, and

(b)

such an order or direction, if made, given or affirmed, will not cause significant risk of harm to any person.

(8)

Any order or direction under this regulation is subject to the tribunal’s final decision under regulation 31.