Paragraph 4 Action by respondent on receipt of an application

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. heading word substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(a)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(aa)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(bb)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(ii)
Sch. rule 21(2) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(c)
Sch. rule 26(5) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(d)
Sch. rule 37 omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(e)
Sch. rule 38(1) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(i)
Sch. rule 38(4) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(ii)
Sch. rule 45(1) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(g)

(1)

A respondent who receives a copy of an application must deliver to the Secretary a written reply acknowledging receipt of the application and setting out—

(a)

the title of the proceedings, the name of the applicant and the case number;

(b)

his name and address and the name and address of every person who appears to the respondent to be an interested party who is not already named in the application, with reasons for that person’s interest;

(c)

a statement whether or not he intends to resist the application and, if so, the reasons for resisting it or the position he will adopt;

(d)

whether he intends to be present or be represented at any hearing; and

(e)

the name, address and the profession of any representative and whether the Tribunal should deliver notices concerning the application to the representative instead of to the respondent.

(2)

The reply must state at the end “I believe that the facts stated in this document are true” and be signed by the respondent or the respondent’s representative and must be delivered to the Secretary within one month of the date on which the application was delivered to the respondent by the Secretary.

(3)

Copies of the reply and any accompanying material must be provided to the Secretary for all applicants.

(4)

The Secretary must deliver copies of the reply to the applicant.

(5)

A reply which is delivered to the Secretary after the time appointed by paragraph (3) which contains the respondent’s reasons for the delay must be treated as including an application for an extension of the time so appointed.

(6)

Subject to rules 39 and 40(6), a respondent who has not delivered a written reply within the time appointed or extended may not, without the approval of the Chairman, take any part in the proceedings before the Tribunal on the application except—

(a)

to apply for an extension of time for delivering a reply;

(b)

to apply for a direction that the applicant provide further particulars of his application;

(c)

to apply under rule 32 for a review of the Tribunal’s decision for the reason that the respondent did not receive the application or statement of reasons or was not able to deliver a reply;

(d)

to be called as a witness; or

(e)

to be delivered a copy of a decision or corrected decision.