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Tribunal Regulations (Northern Ireland) 2004

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Notices to be sent to respondent etc in case of an inquiry

7.—(1) The Tribunal shall, unless it refuses to hold an inquiry under regulation 6 (power of the Tribunal to refuse an inquiry), send to the respondent –

(a)a notice as set out in Form 2 informing the respondent that representations have been made and that the respondent may, within 4 weeks from and including the date of receipt of the notice, submit to the Tribunal a written statement-in-answer in accordance with regulation 9(1);

(b)one copy of the representations made by the complainant and of each document, if any, which accompanied them;

(c)information as to arrangements by which any document which the complainant proposes to put in evidence, but which the complainant is not required to submit copies of in accordance with regulation 4(3), may be examined by the respondent; and

(d)one copy of any further statement furnished by the complainant under regulation 5 (power of the Tribunal to require further statement).

(2) The Tribunal shall, unless it refuses to hold an inquiry under regulation 6 (power of the Tribunal to refuse an inquiry), send to each Board, not being the complainant but in whose list the name of the respondent is included, at the same time as the Tribunal sends a notice to the respondent under paragraph (1) –

(a)a notice as set out in Form 3 informing it that representations have been made in respect of the respondent and that it may, within 4 weeks from and including the date of receipt of the notice, submit to the Tribunal a written statement in accordance with regulation 9(2);

(b)one copy of the representations made by the complainant and of each document, if any, which accompanied them;

(c)information as to arrangements by which any document which the complainant proposes to put in evidence, but which the complainant is not required to submit copies of in accordance with regulation 4(3), may be examined by the Board; and

(d)one copy of any further statement furnished by the complainant under regulation 5 (power of Tribunal to require further statement).

(3) In relation to a fraud case, the Tribunal shall, at the same time it sends notice to the respondent under paragraph (1), inform the Department in writing, and the Department shall send to the respondent and every Board, notice –

(a)that the respondent is subject to an inquiry in a fraud case; and

(b)that no Board may add the respondent to any list until the proceedings in that case are finally concluded.

(4) The Tribunal may, if it thinks fit, accept –

(a)a statement-in-answer by the respondent; or

(b)a statement by any other Board concerned,

after the period within which it is required to be submitted in terms of paragraph (1)(a) or (2)(a).

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