24.—(1) The Tribunal may make an order on an interim basis—
(a)suspending in whole or part the effect of any decision which is the subject matter of proceedings before it;
(b)in the case of an appeal under section 46 (appealable decisions)(1) or 47 (third party appeals)(2) of the 1998 Act, varying the conditions or obligations attached to an exemption;
(c)granting any remedy which the Tribunal would have the power to grant in its final decision.
(2) Without prejudice to the generality of paragraph (1), if the Tribunal considers that it is necessary as a matter of urgency for the purpose of—
(a)preventing significant damage to a particular person or category of person, or
(b)protecting the public interest,
the Tribunal may give such directions as it considers appropriate for that purpose.
(3) The Tribunal shall exercise its power under this rule taking into account all the relevant circumstances, including—
(a)the urgency of the matter;
(b)the effect on the party making the request if the relief sought is not granted;
(c)the effect on competition if the relief is granted; and
(d)the existence and adequacy of any offer of an undertaking as to damages.
(4) Any order or direction under this rule is subject to the Tribunal’s further order, direction or final decision.
(5) A party shall apply for an order or a direction under paragraph (1) or (2) by filing a request for interim relief in the form required by paragraph (6).
(6) The request for interim relief shall state—
(a)the subject matter of the proceedings;
(b)in the case of a request for a direction under paragraph (2), the circumstances giving rise to the urgency;
(c)the factual and legal grounds establishing a prima facie case for the granting of interim relief by the Tribunal;
(d)the relief sought;
(e)where no appeal or application has been made in accordance with rule 9 in respect of the decision which is the subject of the request for interim relief, an outline of the information required by rule 9(4).
(7) The request for interim relief shall be verified by a statement of truth, signed and dated by the applicant or on its behalf by its duly authorised officer or legal representative.
(8) On receiving a request for interim relief the Registrar shall send a copy to all the other parties to the proceedings (or where no appeal or application has been made in accordance with rule 9, to the person who made the decision to which the request for interim relief relates) and shall inform them of the date by which they may submit written or oral observations to the Tribunal.
(9) Subject to paragraph (10), an order or direction for interim relief may be made against a person who is not a party to the proceedings, provided that no such order may be made unless that person has been given an opportunity to be heard.
(10) If the urgency of the case so requires, the Tribunal may grant the request for interim relief before the observations of the other parties have been submitted or the person referred to in paragraph (9) has been heard.
Section 46 was amended by paragraph 2 of Schedule 5 to the Enterprise Act 2002 (c. 40), paragraph 26 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and by S.I. 2004/1261.
Section 47 was substituted by section 17 of the Enterprise Act 2002 and amended by paragraph 27 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 and S.I. 2004/1261.