40.—(1) Where a party or the special advocate fails to comply with a direction, the Commission may serve on him a notice which states—
(a)the respect in which he has failed to comply with the direction;
(b)a time limit for complying with the direction; and
(c)that the Commission may proceed to determine the appeal on the material available to it if the party or the special advocate fails to comply with the relevant direction within the time specified.
(2) Where a party or special advocate fails to comply with such a notice, the Commission may proceed in accordance with paragraph (1)(c).