(b) where that order was made so as to be in force for a period not exceeding 15 months, at
any time more than three months before the date of expiry of the order.
(3) Subsections (3), (4), (5), (6) and (7) of section 36 shall apply mutatis mutandis in respect
of a reference under this section or an order made upon such a reference.
38 Applications to Tribunal
(1) For the purposes of this Chapter a case shall be taken to be covered by a licence scheme
if, in accordance with a licence scheme for the time being in operation, licences would be
granted in cases of the class to which that case belongs: Provided that where in accordance
with the provisions of a licence scheme(a) the licences which would be so granted would be subject to terms and conditions whereby
particular matters would be excepted from the licences; and
(b) the case in question relates to one or more matters falling within such an exception, that
case shall be taken not to be covered by the scheme.
(2) A person, who claims that in a case covered by a licence scheme the licensing body
operating the scheme has refused or failed to grant him or her a licence in accordance with
the provisions of the scheme, or to procure the grant to him or her of such a licence, may
apply to the Tribunal for an order under this section.
(3) An application for such an order may also be made by a person who claims that he or she
requires a licence in a case not covered by a licence scheme, and either(a) that a licensing body or person has refused or failed to grant the licence or to procure the
grant thereof, and that in the circumstances it is unreasonable that the licence should not be
granted; or
(b) that any charges, terms or conditions subject to which a licensing body proposes that the
licence should be granted are unreasonable.
(4) 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 an application under subsection (2) or (3), 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 application.
(5) Upon an application under subsection (2) or (3), the Tribunal shall give the applicant and
the licensing body in question and every other party to the application an opportunity of
being heard and submitting representations in writing.
(6) If the Tribunal is satisfied that the claim of an applicant is well-founded, it shall make an
order declaring that, in respect of the matters specified in the order, the applicant is entitled to
a licence on such terms and conditions and subject to the payment of such charges (if any) as
the Tribunal may(a) in the case of an application under subsection (2), determine to be applicable in
accordance with the licence scheme; or
(b) in the case of an application under subsection (3), determine to be reasonable in the
circumstances.