Rule 12 Permission to make complaint out of time
Before deciding whether to give permission under section 21 (1) (e) (ii) of the CCM (permission to bring complaint after end of limitation period) for a complaint of misconduct (but not serious misconduct) to proceed, the lead assessor must—
send the complaint form to the respondent (see rule 9 on the complaint form), and
give the respondent an opportunity to make written representations on the reasons given in the complaint form for why the complaint was not made before the end of the limitation period.
Representations under paragraph (1) must be made before the end of 14 days beginning with the day after the respondent receives the complaint form under that paragraph.
If the respondent makes representations under paragraph (1), the lead assessor may—
send those representations to the complainant, and
give the complainant an opportunity to make written representations on those representations.
Representations under paragraph (3)(b) must be made before the end of 14 days beginning with the day after the complainant receives the respondent’s representations.
The lead assessor’s decision whether to give permission under section 21 (1) (e) (ii) of the CCM must be made before the end of 14 days beginning with—
if the complainant makes representations under paragraph (3)(b) before the end of the 14-day period under paragraph (4), the day after the lead assessor receives them;
if the complainant is given an opportunity to make representations under paragraph (3)(b) but the lead assessor does not receive any from the complainant before the end of the 14-day period under paragraph (4), the day after the end of that period;
if the complainant is not given an opportunity to make representations under paragraph (3)(b), the day after the lead assessor decides not to give the complainant an opportunity to do so.
If the complaint form on a complaint made after the end of the limitation period does not give any reasons for why the complaint was not made before the end of that period, and the lead assessor would (if the complaint had been made before the end of that period) have allocated it as a complaint of misconduct (but not serious misconduct), the lead assessor must return the complaint form to the complainant with a direction to the complainant to give reasons for why the complaint was not made before the end of the limitation period.
Reasons under paragraph (6) must be given before the end of seven days beginning with the day after the complainant receives the form and direction under that paragraph.
Where reasons are given under paragraph (6), paragraphs (1) to (5) apply in relation to the complaint.
The lead assessor may extend the 14-day period referred to in paragraph (2), (4) or (5) or, if the period has come to an end, the lead assessor may revive the period; but, in doing either of those things, the lead assessor must be satisfied that doing so is necessary, having had due regard to the overriding objective.
Where the lead assessor acts under paragraph (9), the provisions of this rule are to be read accordingly.