Commission’s statement of case
5.—(1) The Commission must file a written statement (“a statement of case”) in support of its determination so that it is received by the Tribunal no later than 28 days after the day on which the Tribunal sends the Commission the information and any documents under rule 4(14).
(2) The statement of case must—
(a)state whether or not the Commission intends to oppose the appeal;
(b)specify the statutory provisions under which the Commission’s determination was made;
(c)specify the reasons for the Commission’s determination unless provided in accordance with paragraph (3)(b);
(d)set out all the matters and facts relied upon to support the Commission’s determination;
(e)specify the name of a contact person at the Commission or the name and address of a representative; and
(f)be signed by any person authorised to sign it on behalf of the Commission, which may be by e-mail.
(3) The statement of case must be accompanied by—
(a)a list of and a copy of—
(i)the documents relied upon in support of the Commission’s determination; and
(ii)any further material that in the opinion of the Commission might undermine its determination or adversely affect its case or support the appellant’s case.
(b)a copy of the Commission’s determination if not filed by the appellant under rule 4(9).
(4) The Tribunal shall send to the appellant a copy of the statement of case and a copy of the list and the information referred to in paragraph 3(a).
(5) The Commission may include an application for directions with the statement of case.
(6) If at any time the Commission amends the statement of case it must file an application for a direction under rule 11(f) with the amended statement of case.
(7) If the application in paragraph (6) is granted by the Tribunal, the Tribunal must send a copy of the amended statement of case to the appellant.