(1) Leave shall not be granted for judicial review of a determination of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media under section 28D or 28G unless -

(a) the application for leave to seek judicial review is brought by an undertaking involved in the media merger to which the determination relates,

(b) either -

(i) the application is made to the High Court not later than 40 working days from the date of the determination of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media under section 28D or 28G, or

(ii) the High Court is satisfied that -

(I) there are substantial reasons why the application was not made within that period, and

(II) it is just in all the circumstances to grant leave, having regard to the interests of other affected persons and the public interest,

and

(c) the High Court is satisfied that the application raises a substantial issue for the High Court’s determination.

(2) The High Court may make such order on the hearing of the judicial review as it thinks fit, including an order remitting the matter back to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media with such directions as the High Court thinks appropriate or necessary.