Division 4 — Interim orders and measures
Power to make interim orders and directions
33.—(1)  The Board may, on the application of a party or of its own initiative, make an order on an interim basis —
(a)suspending in whole or part the effect of any decision which is the subject matter of the appeal proceedings before it; or
(b)granting any remedy which the Board would have the power to grant in its final decision.
(2)  Without prejudice to the generality of paragraph (1), if the Board considers that it is necessary as a matter of urgency for the purpose of —
(a)preventing serious, irreparable damage to a particular person or class of persons; or
(b)protecting the public interest,
the Board may give such directions as it considers appropriate for that purpose.
(3)  The Board shall exercise its power under this regulation 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; and
(c)the effect on competition if the relief is granted.
(4)  Any order or direction under this regulation is subject to the Board’s further order, direction or final decision.
Application for interim relief
34.—(1)  A party shall apply for an order under regulation 33(1) or a direction under regulation 33(2) by lodging an application for interim relief in the form which is in accordance with paragraph (2) with the Board together with the appropriate fee specified in the Schedule.
(2)  An application for interim relief shall state —
(a)the subject matter of the relevant proceedings;
(b)in the case of a request for a direction pursuant to regulation 33(2), the circumstances giving rise to the urgency;
(c)the factual and legal grounds establishing a preliminary case for the grant of interim relief by the Board; and
(d)the relief sought.
(3)  On receiving an application for interim relief, the Secretary shall send a copy thereof to each of the other parties to the proceedings and inform them of the date by which they may submit written or oral submissions to the Board.
(4)  The Board shall fix a date for the hearing of the application for interim relief and give the parties such directions as may be necessary for dealing with the application for interim relief.
(5)  The Board may, for the purposes of this regulation, join any third party to the proceedings.
(6)  Subject to paragraph (7), the Board shall, before making an order or direction for interim relief against a person who is not a party to the proceedings, invite that person to make his submissions thereon.
(7)  If the urgency of the case so requires, the Board may grant the application for interim relief before receiving the submissions of all the parties concerned, including the person referred to in paragraph (6).