3. In regulation 6—
(a)after paragraph (1), insert—
“(1A) The Tribunal may only make an order under section 103D(3) where—
(a)it has reconsidered its decision on an appeal; or
(b)an order for reconsideration has been made but the reconsideration does not take place or is not completed because—
(i)the appeal lapses, or is treated as abandoned or finally determined, by operation of an enactment; or
(ii)the appeal is withdrawn by the appellant, or is treated as withdrawn because the respondent withdraws the decision or decisions to which the appeal relates.”;
(b)in paragraph (3), for “does not allow an appeal”, substitute “dismisses an appeal on reconsideration”;
(c)after paragraph (3), insert—
“(3A) If an order for reconsideration is made but the reconsideration does not take place or is not completed, the Tribunal must not make an order under section 103D(3) unless it is satisfied that, at the time when the appellant made the section 103A application, there was a significant prospect that the appeal would be allowed upon reconsideration.”; and
(d)in paragraph (4), after “paragraph (3)” insert “or (3A)”.