Regulation 8 Determining compliance with an order to carry out an audit at a hearing
This regulation applies where a tribunal has held a hearing fixed under regulation 7(3) and considered any representations made by the respondent.
Where an audit has been received by a tribunal by the date of the hearing, it must determine whether the audit complies with the requirements in regulation 6.
Where the tribunal determines that the audit complies with the requirements in regulation 6, it must—
make an order to that effect and provide a copy of that order to the respondent; and
where the audit was not received by the tribunal by the date specified for the purposes of regulation 5(1)(b) or (as the case may be) regulation 7(3)(c), paragraph (4)(a) below or paragraph 5(a) below, consider whether to make an order under regulation 11.
Where the tribunal determines that the audit does not comply with the requirements in regulation 6, it must—
make an order requiring the respondent to amend the audit so that it does so comply and specifying the date by which the tribunal must receive the amended audit;
notify the respondent of the reasons for its determination;
provide a copy of that order to the respondent; and
consider whether to make an order under regulation 11.
Where the audit has not been received by the tribunal by the date of the hearing, the tribunal must—
make an order specifying a new date by which the tribunal must receive the audit;
provide a copy of that order to the respondent; and
consider whether to make an order under regulation 11.
Where the respondent fails to comply with an order under paragraph (4) or (5), the tribunal must—
fix a further hearing; and
notify the respondent of—
the date of the hearing; and
the right of the respondent to make representations.
The preceding provisions of this regulation apply to a hearing fixed under paragraph (6) as they apply to a hearing fixed under regulation 7(3).