Application of Regulations to further performance hearing
43. Regulations 34 and 36 to 40 apply in relation to a further performance hearing as they apply in relation to a performance hearing, subject to the following modifications—
(a)regulation 34 applies as if—
(i)in the opening words of paragraph (1), for “33(1)” there were substituted “42(1)”; and
(ii)in sub-paragraph (a) of that paragraph, for “31(4)” there were substituted “41(4)”;
(b)regulation 36 applies as if for “33(1)”, where it appears in paragraphs (1) and (7)(c)(i), there were substituted “42(1)”;
(c)regulation 38(3)(d) applies as if for “33(2)(g)” there were substituted “42(2)(g)”;
(d)regulation 39(1)(a) applies as if for “final improvement period”, there were substituted “extended final improvement period”; and
(e)regulation 40 applies as if—
(i)paragraphs (1)(c), (3) and (4) were omitted; and
(ii)in paragraph (1) the words “, subject to paragraphs (3) and (4),” were omitted.