Rule 64 Substitution on death, incapacity etc of complainant

This rule applies if the complainant dies or is or becomes incapacitated or otherwise incapable of participating in the proceedings; and for this purpose, the reference to being incapacitated includes a reference to lacking capacity for the purposes of the Mental Capacity Act 2005^f1.

A person may apply to the President of Tribunals to be substituted as the complainant in relation to the complaint.

An application under paragraph (2) must—

The President of Tribunals may grant an application under paragraph (2) if satisfied that the person has, for the purposes of section 15 of the CCM, a proper interest in the complaint.

If no application under paragraph (2) is made, or if none is granted, and the President of Tribunals considers it reasonable in all the circumstances, the President of Tribunals may order that the complaint is treated as being withdrawn.

If a complaint is treated as being withdrawn under paragraph (5), no further action is taken in relation to the complaint under the CCM or these Rules.