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5.—(1) Where a notice is given under rule 4(4)(b) or (d), a party may make representations to the Secretary of State in respect of a statement of evidence made by another party.
(2) The Secretary of State may disregard any representations received after the 10th working day after the date of the notice given under rule 4(4)(b) or (d) (“the further submission date”).
(3) The Secretary of State must give each party notice that in respect of each other party representations—
(a)have not been received by the further submission date;
(b)have received by the further submission date;
(c)have been received after the further submission date and the Secretary of State has decided they are to be disregarded; or
(d)have been received after the further submission date but the Secretary of State has decided they are to be taken into account.
(4) Where paragraph (3)(b) or (3)(d) applies, the notice must include a copy of the representations.
(5) Subject to paragraph (6), a notice under paragraph (3) must be given as soon as practicable after the further submission date.
(6) If the Secretary of State receives representations from each party entitled to make representation under paragraph (1) before the further submission date, the Secretary of State may comply with paragraph (3)(b) before the further submission date.
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