Regulation 34 Withdrawal of proceedings or opposition to proceedingsI1

Northern Ireland

(1)

If the applicant at any time notifies F1the Secretary in writing, or states at a hearing, that he no longer wishes to pursue the proceedings, the Chairman (or at the hearing, the Care Tribunal) must dismiss the proceedings, and may, subject to regulation 25F2... make a costs order.

(2)

If the respondent notifies the Care Tribunal in writing, or states at a hearing, that he does not oppose or no longer opposes the proceedings, the Chairman (or at the hearing, the Care Tribunal) –

(a)

must without delay determine the case or, as the case may be, the application for leave in the applicant’s favour;

(b)

subject to regulation 25 may make a costs order; and

(c)

must consider making one.

F3(3)

Where the Chairman dismisses the proceedings under paragraph (1) or determines the case, or the application for leave in the applicant’s favour under paragraph (2), the references to the Care Tribunal in regulation 25 shall be read as if they were references to “the Chairman”.

Annotations

Textual amendments

F1: Words in reg. 34(1)(2) substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(9)
F2: Words in reg. 34(1) deleted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(12)(a)
F3: Reg. 34(3) added (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(12)(b)

Commencement

I1: Reg. 34 in operation at 1.4.2005, see reg. 1(1)