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Paragraph 4 Respondent’s statement of case in a single regulator caseF1F3

(1)

The respondent F2in a single regulator case must send or deliver a written statement (“a statement of case”) in support of the referred action so that it is received by the Upper Tribunal no later than 28 days after the day on which the respondent received from the Upper Tribunal the notification required by paragraph 3(4)(b).

(2)

The statement of case must—

(a)

identify the statutory provisions providing for the referred action;

(b)

state the reasons for the referred action; and

(c)

set out all the matters and facts upon which the respondent relies to support the referred action.

(3)

The respondent must provide with the statement of case a list of—

(a)

any documents on which the respondent relies in support of the referred action; and

(b)

any further material which in the opinion of the respondent might undermine the decision to take that action.

(4)

At the same time as it sends or delivers the statement of case, the respondent must send to the applicant a copy of the statement of case and of the list referred to in sub-paragraph (3).

Annotations

Textual amendments

F1

Sch. 3 inserted (6.4.2010) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2010 (S.I. 2010/747), rules 1, 13

F2

Words in Sch. 3 para. 4(1) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(7)(b)

F3

Sch. 3 para. 4 heading substituted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(7)(a)

Notes on Schedule 3

Textual amendments

F2

Words in Sch. 3 heading inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 12