123.—F322[(1) Subject to subsection (2), a determination order shall become binding on the parties concerned—

(a) in the case of a determination order embodying the terms of an agreement referred to in section 96(1), on the expiry of the period referred to in section 95(5A) unless, before the expiry of that period, a notification is made to the mediator and the Board under the said section 95(5A) in respect of the agreement,

(b) in the case of a determination of an adjudicator under section 97(4)(a), on the expiry of the period referred to in section 100(2) unless, before the expiry of that period, an appeal is made under section 100(1) in respect of the determination, and

(c) in the case of a determination of an adjudicator under section 97(4)(b), on the order being issued to the parties.]

(2) A determination order embodying the terms of a determination of the Tribunal shall, on the expiry of the relevant period, become binding on the parties concerned unless, before that expiry, an appeal in relation to the determination is made under subsection (3).

(3) Any of the parties concerned may appeal to the High Court, within the relevant period, from a determination of the Tribunal (as embodied in a determination order) on a point of law.

(4) The determination of the High Court on such an appeal F323[…] shall be final and conclusive.

(5) The High Court may, as a consequence of the determination it so makes, F324[direct the Director] to cancel the determination order concerned or to vary it in such manner as the Court specifies and F324[the Director shall cancel] or vary the order accordingly; if the cancellation or variation directed to be made relates to a determination of the Tribunal not to deal with the dispute in accordance with section 85, the Board shall, in addition, refer all or part, as appropriate, of the dispute to the Tribunal for determination by the Tribunal and the provisions of this Part shall, with any necessary modifications, apply to that determination.

F325[(5A) The High Court shall, on an appeal under subsection (3) from a determination of the Tribunal other than a determination not to deal with the dispute in accordance with section 85—

(a) where its determination on the appeal does not require the Director to cancel or vary the determination order under subsection (5), direct the party or parties concerned to comply with the determination order in the terms as it was originally issued, and

(b) where its determination on the appeal requires the Director to vary the determination order under subsection (5), direct the party or parties concerned to comply with the determination order in the terms as it will stand following such variation.

(5B) Where the High Court directs the Director to cancel or vary the determination order concerned under subsection (5), it may direct the Director to direct that a fresh determination of all or part of the dispute shall be made by the adjudicator or the Tribunal as appropriate (and the making of any such fresh determination shall be preceded by a re-hearing of the matter by the adjudicator or the Tribunal and the provisions of Chapters 4 to 7 shall apply accordingly).

(5C) At any time during the course of an appeal under this section, the High Court may make such ancillary or other orders, including an order for possession of a dwelling the subject of a determination order or an interim order directing the payment of rent due, as it considers just.

(5D) The Board may furnish to the registrar of the High Court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the Court under subsections (5) to (5C) (including, if the Court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).]

(6) References in section 124 to a determination order shall, where that order embodies the terms of a determination of the Tribunal, be construed as references to—

(a) such an order as respects which an appeal against the determination embodied in it has not been made under this section within the relevant period or, if such appeal has been brought, it has been abandoned, or

(b) if such an appeal has been brought (and the result of the appeal does not require the F324[Director] to cancel the order under subsection (5)), as the case may be—

(i) such an order in the terms as it was originally F326[issued], or

(ii) such an order in the terms as it stands following the variation of it by the F324[Director] under subsection (5).

(7) The Board F327[shall] publish, in such manner as it thinks fit—

(a) a determination order F324[issued by the Director] (including such an order as it stands varied by it under subsection (5)),

(b) notice of the cancellation of such an order under subsection (5) or section 125.

F328[(7A) Where, due to the existence of special circumstances identified by an adjudicator under section 97(10) or the Tribunal under section 106(1), an adjudication or Tribunal hearing or part of it is to be conducted otherwise than in public, the Board shall redact from the determination order that it publishes under subsection (7) the name, address, contact details and other personal data of the parties concerned.]

F329[(8) In this section, "relevant period" means a period beginning on the date that the determination order concerned is issued to the parties for a duration—

(a) of 21 days, or

(b) specified by the High Court pursuant to an application under subsection (9).]

F330[(9) Any of the parties concerned may make an application to the High Court for an order extending the period referred to in subsection (8)(a).

(10) An application under subsection (9) shall—

(a) state the reason why the applicant is seeking an extension of the period referred to in subsection (8)(a), and

(b) be made on motion (grounded on affidavit) on notice to the Board and any other party or notice party to the proposed appeal.

(11) The High Court may, upon application to it under subsection (9), make an order extending the period referred to in subsection (8)(a) and specifying the duration of the period within which an appeal under subsection (3) may be made, if it is satisfied that—

(a) there is good and substantial reason for doing so, and

(b) the circumstances that resulted in the applicant seeking an extension of the period referred to in subsection (8)(a) were outside the control of the applicant.]