Rule 26 Default by partiesI1

If a respondent to any proceedings fails to deliver an answer or, in the case of an application made under section 67 or 176 of the 1992 Act F2, section 33 of the 1996 Act F3, F4regulation 20, 21 or 21A of the 1999 Regulations F5... F6regulation 33 of the 2004 Regulations F7or F8... F9regulation 22 of the Information and Consultation Regulations F10..., a notice of appearance within the time appointed under these Rules, or if any party fails to comply with an order or direction of the Appeal Tribunal, the Tribunal may order that he be debarred from taking any further part in the proceedings, or may make such other order as it thinks just.

An order made by the Appeal Tribunal under paragraph (1) may include, but is not limited to, an order that all or part of an appeal or answer is to be struck out.

An appeal or answer, or part of an appeal or answer, may not be struck out unless the party in question has been given a reasonable opportunity to make representations, either in writing, or if requested by the party, at a hearing.