After regulation 20 of the Principal Regulations insert —
(1) The Small Business Commission may certify in writing that mediation under this Part has failed, or is unlikely, to resolve the eligible lease dispute (a regulation 20A certificate ).
(2) Without limiting subregulation (1), the Small Business Commission may issue a regulation 20A certificate if the Small Business Commission is of the view that the landlord has not engaged in the mediation process in good faith.
(3) A regulation 20A certificate must contain a statement about whether a landlord has—
(a) failed to respond to the dispute notice in the form required under regulation 20(2C); or
(b) not engaged in mediation in good faith in the opinion of the Small Business Commission.".