(2) The parties to a reference under this section shall be(a) the organisation or person at whose instance the reference is made;
(b) the licensing body operating the scheme to which the reference relates; and
(c) any such other organisation or person as has been made a party thereto in accordance with
subsection (3).
(3) Where an organisation (whether claiming to be representative of persons requiring
licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be
made a party to a reference made to the Tribunal, the Tribunal may, if it is satisfied that the
organisation or person has a substantial interest in the matter in dispute, make that
organisation or person a party to the reference.
(4) The Tribunal shall not entertain a reference under this section by an organisation unless it
is satisfied that the organisation is reasonably representative of the class of persons which it
claims to represent.
(5) Subject to subsection (4), the Tribunal shall, upon a reference under this section, consider
the matter in dispute and, after giving the parties to the reference an opportunity of presenting
their respective cases, make such order, either confirming or varying the scheme in so far as it
relates to cases of the class to which the reference relates, as the Tribunal may determine to
be reasonable in the circumstances.
(6) An order of the Tribunal under subsection (5) may be made so as to be in force either
indefinitely or for such period as the Tribunal may determine.
(7) Where the Tribunal has made an order in respect of a licence scheme which has been
referred to it, such scheme shall thereafter, notwithstanding anything contained therein, and
in so far as it relates to the class of cases in respect of which the order was made, remain in
operation subject to the terms of the order.
37 Further reference of licence schemes to Tribunal
(1) Where the Tribunal has made an order under section 36 with respect to a licence scheme(a) the licensing body operating the scheme;
(b) an organisation claiming to be representative of persons requiring licences in cases of the
class to which the order applies; or
(c) a person claiming that he or she requires a licence in a case of that class,
may, subject to subsection (2), at any time while the order is in force, again refer the scheme
to the Tribunal in so far as it relates to cases of the class in respect of which the order applies.
(2) A licence scheme shall not, except with the special leave of the Tribunal, again be
referred to the Tribunal under subsection (1)(a) where the relevant order was made so as to be in force indefinitely or for a period
exceeding 15 months, before the expiration of a period of 12 months from the date on which
the order was made; or