38.— (1) F48[…]

(2) Leave shall not be granted for judicial review of F49[any decision] made or act done by the Commission under this Act unless—

(a) the application for leave is made to the High Court within the period of 28 days beginning on the date of the decision or the date of the doing of the act, or

(b) the High Court is satisfied that it may extend the period provided for in paragraph (a) because—

(i) there is good and sufficient reason for doing so, and

(ii) the circumstances that resulted in the failure to make the application for leave within the period in paragraph (a) were outside the control of the applicant for the extension.

(3) The Commission may, at any time after the bringing of an application for leave to apply for judicial review which relates to a matter for the time being before the Commission, apply to the High Court to stay the judicial review proceedings pending the making of a decision by the Commission in relation to the matter.

(4) On the making of an application referred to in subsection (3), the High Court may, where it considers that the matter is within the jurisdiction of the Commission, stay the proceedings on such terms as it thinks fit.

(5) Subject to subsection (6), no appeal shall lie to the Court of Appeal from a decision of the High Court on:

(a) an application for leave for judicial review made in accordance with F49[subsection (2)];

(b) an application to extend the period for the making of such an application in accordance with subsection (2);

(c) an application for judicial review following leave granted under subsection (2);

(d) any other application made in proceedings referred to in paragraph (a), (b) or (c).

(6) The High Court may grant leave to appeal from a decision referred to in subsection (5), where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

(7) On an appeal referred to in subsection (6), the Court of Appeal shall have jurisdiction to determine only the point of law certified by the High Court under subsection (6), and to make only such order as necessarily follows from that determination.]