(2) Subsection (1) does not apply— (a) if the enabling enactment provides otherwise; or (b) if the Tribunal makes an order under subsection (3). (3) The Tribunal may make an order staying the operation of a decision that is the subject of a proceeding for review. (4) The Tribunal may make an order under subsection (3)— (a) on application by any party or on its own initiative; (b) whether or not it has given any person whose interests may be affected by the order an opportunity to be heard. (5) In making an order under subsection (3), the Tribunal— (a) may require any undertaking as to costs or damages that it considers appropriate; and (b) may make provision for the lifting of the order if specified conditions are met. (6) The Tribunal may assess any costs or damages referred to in subsection (5)(a). (7) The Tribunal's power to make an order under subsection (3) is exercisable by the presiding member. 51 Functions of Tribunal on review (1) In exercising its review jurisdiction in respect of a decision, the Tribunal— (a) has all the functions of the decision-maker; and
(2) Subsection (1) does not apply— (a) if the enabling enactment provides otherwise; or (b) if the Tribunal makes an order under subsection (3). (3) The Tribunal may make an order staying the operation of a decision that is the subject of a proceeding for review. (4) The Tribunal may make an order under subsection (3)— (a) on application by any party or on its own initiative; (b) whether or not it has given any person whose interests may be affected by the order an opportunity to be heard. (5) In making an order under subsection (3), the Tribunal— (a) may require any undertaking as to costs or damages that it considers appropriate; and (b) may make provision for the lifting of the order if specified conditions are met. (6) The Tribunal may assess any costs or damages referred to in subsection (5)(a). (7) The Tribunal's power to make an order under subsection (3) is exercisable by the presiding member. 51 Functions of Tribunal on review (1) In exercising its review jurisdiction in respect of a decision, the Tribunal— (a) has all the functions of the decision-maker; and