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6. In regulation 10 of the Tribunal Regulations (unless orders), at the end, add—
“(4) If, in the opinion of the President or the nominated chairman, the party to whom an order referred to in paragraph (1) is addressed has acted unreasonably in failing to comply with an order addressed to him under this regulation, the President or the nominated chairman may make an order for costs (“a costs order”) pursuant to regulation 24 requiring that party (“the paying party”) to make a payment to the other party (“the receiving party”) to cover costs incurred by the receiving party and, in such a case, the references in regulation 24 to “the Tribunal” shall have effect as if they were references to “the President or the nominated chairman”.
(5) Where, in accordance with paragraph (3), the President or the nominated chairman has determined the case in favour of the other party, the party to whom the order was addressed may apply to the President, or that nominated chairman (as the case may be), for that determination to be set aside.
(6) An application under paragraph (5) must—
(a)be made not later than 10 working days after the date upon which the notice of the determination was sent to the party to whom the order was addressed; and
(b)must be in writing stating the grounds in full.
(7) In the case of an application under paragraph (5), the President, or the nominated chairman, may, if he considers that it is appropriate to do so, direct that the determination, and any costs order made pursuant to paragraph (4), be set aside and may give such directions in exercise of his powers under this Part as he considers appropriate.
(8) Before making a direction setting aside the determination, or any costs order, the President or the nominated chairman may invite the parties to make representations on the matter within such period as he may direct.
(9) Where the determination, or any costs order, is set aside, the Secretary shall alter the relevant entry in the records.”.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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