Regulation 68 Removing a case friendI1

England and Wales

(1)

A person may act as a case friend unless the President or the tribunal panel directs that the person may not, or may not continue to, act as a case friend.

(2)

The President or the tribunal panel may make a direction in accordance with paragraph (1) on the President’s or the tribunal panel’s own initiative or on application, if satisfied that—

(a)

the person does not meet any of the conditions set out in regulation 65 and section 332ZC(2) of the 1996 Act; or

(b)

other good reason exists.

(3)

An application for a direction to remove a case friend may be made by—

(a)

a party;

(b)

the case friend.

(4)

An application for a direction to remove a case friend must be supported by evidence.

(5)

Where a direction is made under paragraph (1) the President or the tribunal panel—

(a)

may direct the appellant or the claimant to appoint a new case friend; and

(b)

may stay the appeal or the claim until the appellant or the claimant has appointed a new case friend.

(6)

The Secretary of the Tribunal must serve notice on the parties of any direction made under paragraph (1) stating—

(a)

that the person no longer acts as the appellant’s or the claimant’s case friend; and

(b)

where a person has been substituted as a case friend, the name and address of the new case friend for service of notices and documents.

(7)

The Secretary of the Tribunal must serve a copy of a direction made under paragraph (1) on the person who has been removed as the case friend.

Annotations

Commencement

I1: Reg. 68 in force at 6.3.2012, see reg. 1(1)