189.—(1) In this section “dispute” means a dispute falling within the jurisdiction of the Board under Part 6.

(2) The following provisions have effect if the circumstances giving rise to or involving the dispute are such that, were proceedings in the Circuit Court to be brought in relation to the dispute, it would be appropriate to apply to that court for interim or interlocutory relief in the matter.

(3) On being requested by the person (the “referrer”) who has referred or is referring a dispute to it to do so, the Board may apply, on the referrer's behalf, to the Circuit Court for such interim or interlocutory relief in the matter as the Board considers appropriate.

(4) In deciding whether to accede to such a request the Board may have regard to—

(a) the merits, as they appear to it, of the referrer's contentions that will be dealt with by an adjudicator or the Tribunal,

(b) the amount of damages the Board is likely to have to pay to the respondent to the application (on foot of an undertaking required of it by the court to pay such damages) in the event such damages have to be paid, but the Board’s opinion—

(i) that those contentions of the referrer are unlikely to be accepted by an adjudicator or the Tribunal, or

(ii) that the amount of those damages is likely to be substantial,

shall, in neither case, and without prejudice to subsection (5) be conclusive in favour of the Board's refusing to accede to the request if, in all the circumstances, the Board considers that it ought to accede to it.

(5) The fact of the Board's being of the opinion referred to in subsection (4)(ii) shall not be taken into account by it in deciding whether to accede to a request under subsection (3) if the referrer undertakes to defray in whole the amount of damages the Board may become liable to pay in the circumstances mentioned in subsection (4) and the Board is satisfied the referrer has the means to be able to comply with that undertaking.

(6) On application to the Circuit Court by the Board under this section, the Circuit Court may grant such interim or interlocutory relief in the matter as it thinks appropriate.