Article 13 Application for permission to make a late reference
Where the applicant has made an application under rule 4(6) to the Tribunal for a direction under rule 12(a) to allow a reference to be made after the time limit for doing so has expired, the Tribunal shall consider whether—
(a)
the determination notice (standard procedure) or final notice (special procedure) was such as to notify the applicant properly and effectively of the Regulator’s determination; and
(b)
the existence of the right to make the reference and the time limit had been notified to the applicant, whether in the determination notice (standard procedure) or final notice (special procedure) or otherwise,
and in any case shall not allow the reference to proceed unless it considers that it is in the interests of justice to do so.