Article 168 Complaint

(1)

Any person who—

(a)

is, or claims to be, an excluded person; or

(b)

attends the meeting (in person or by proxy) and considers that they have been adversely affected by a person’s actual, apparent or claimed exclusion,

(“the complainant”) may make a complaint.

(2)

The person to whom the complaint shall be made (“the relevant person”) is—

(a)

the chair, where it is made during the course of the meeting; or

(b)

the postal administrator, where it is made after the meeting.

(3)

The relevant person shall—

(a)

consider whether there is an excluded person; and

(b)

where satisfied that there is an excluded person, consider the complaint; and

(c)

where satisfied that there has been prejudice, take such action as the relevant person considers fit to remedy the prejudice.

(4)

Paragraph (5) of this Rule applies where—

(a)

the relevant person is satisfied that the complainant is an excluded person;

(b)

during the period of the person’s exclusion—

(i)

a resolution was put to the meeting; and

(ii)

voted on; and

(c)

the excluded person asserts how the excluded person intended to vote on the resolution.

(5)

Subject to paragraph (6) of this Rule, where satisfied that the effect of the intended vote in paragraph (4) of this Rule, if cast, would have changed the result of the resolution, the relevant person shall—

(a)

count the intended vote as being cast in accordance with the complainant’s stated intention;

(b)

amend the record of the result of the resolution; and

(c)

where those entitled to attend the meeting have been notified of the result of the resolution, notify them of the change.

(6)

Where satisfied that more than one complainant in paragraph (4) of this Rule is an excluded person, the relevant person shall have regard to the combined effect of the intended votes.

(7)

The relevant person shall notify the complainant in writing of any decision.

(8)

A complaint shall be made forthwith and, in any event, no later than 4 pm on the business day following—

(a)

the day on which the person was, appeared or claimed to be excluded; or

(b)

where an indication is sought under Rule 167, the day on which the complainant received the indication.

(9)

A complainant who is not satisfied by the action of the relevant person may apply to the court for directions and any application shall be made no more than 2 business days from the date of receiving the decision of the relevant person.