Paragraph 3 Response to applicationF1

(1)

The Secretary must send information provided by the applicant under paragraph 1 to the respondent together with a request that it respond to the application within 20 working days of receiving it.

(2)

If the respondent fails to respond as requested, it shall not be entitled to take any further part in the proceedings.

(3)

The response must—

(a)

indicate whether or not the respondent opposes the application for leave to appeal, and if it does, why; and

(b)

provide the following information and documents—

(i)

the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the application to the representative rather than to the respondent;

(ii)

a copy of the letter informing the applicant of the decision which is the subject of the application for leave and appeal;

(iii)

copies of any observations submitted by the applicant in relation to the decision; and

(iv)

copies of any evidence, including expert evidence, relied on by the respondent in making the decision.

(4)

The Secretary must send to the applicant a copy of the response and the information and documents provided with it (subject, in the case of any material provided in accordance with sub-paragraph (3)(b)(iv), to any direction of the Chairman under regulation 6).

Annotations

Textual amendments

F1: Sch. 7 inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(10)