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Regulation 11 Dismissal of frivolous etc applications

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), where—

(a)

it appears to a tribunal that an application is frivolous or vexatious or otherwise an abuse of process of the tribunal; or

(b)

the respondent to an application makes a request to the tribunal to dismiss an application as frivolous or vexatious or otherwise an abuse of the process of the tribunal,

the tribunal may dismiss the application, in whole or in part.

(2)

Before dismissing an application under paragraph (1) the tribunal shall give notice to the applicant in accordance with paragraph (3).

(3)

Any notice under paragraph (2) shall state—

(a)

that the tribunal is minded to dismiss the application;

(b)

the grounds on which it is minded to dismiss the application;

(c)

the date (being not less than 21 days after the date that the notice was sent) before which the applicant may request to appear before and be heard by the tribunal on the question whether the application should be dismissed.

(4)

An application may not be dismissed unless—

(a)

the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c); or

(b)

where the applicant makes such a request, the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.