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Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996

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Appearance by respondent

3.—(1) A respondent shall, within 14 days of receiving the copy of the originating application, enter an appearance to the proceedings by presenting to the Secretary a written notice of appearance—

(a)setting out his full name and address and, if different, an address within the United Kingdom to which he requires notices and documents relating to the proceedings to be sent;

(b)stating whether or not he intends to resist the application; and

(c)if he does intend to resist it setting out sufficient particulars to show on what grounds.

Upon receipt of a notice of appearance the Secretary shall send a copy of it to each other party.

(2) A respondent who has not entered an appearance shall not be entitled to take any part in the proceedings except—

(a)to apply under rule 15(1) for an extension of the time appointed by paragraph (1) for entering an appearance;

(b)to make an application under rule 4(1)(a);

(c)to make an application under rule 11(4) on the grounds mentioned in rule 11(1)(b);

(d)to be called as a witness by another person;

(e)to be sent a copy of a document or altered entry in pursuance of rule 10(5), (9) or (10);

and in the rules which follow, the word “party” only includes such a respondent in relation to his entitlement to take such a part in the proceedings, and in relation to any such part which he takes.

(3) A notice of appearance which is presented to the Secretary after the time appointed by paragraph (1) for entering an appearance shall be deemed to include an application under rule 15(1) (by the respondent who presented the notice) for an extension of the time so appointed.

(4) Without prejudice to rule 15(3), if a chairman grants an application deemed to be included in a notice of appearance by paragraph (3) (which he may do notwithstanding that the grounds of the application are not stated) the Secretary shall send a copy of the notice of appearance to each other party.

(5) A chairman shall not refuse such an application unless he has sent notice to the person wishing to enter an appearance giving that person an opportunity to show cause why an extension should be granted.

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