40.—Where any question, other than a question specified in section 38 (1) (a), 38 (1) (b) or 38 (1) (c), is referred to the Tribunal—
(a) the Minister may, on the request of the Tribunal, refer the question for the decision of the High Court, and
(b) if the question is decided by the Tribunal, any person who is dissatisfied with the decision may appeal therefrom to the High Court on any question of law.