PART 3

Examinations

Responses to notice of intention to cause an examination to be held
8
1
The persons referred to in regulation 6(1) may respond in writing to the initiating party’s notice within the scope of the examination as set in accordance with regulation 9.
2
Responses must include—
a
representations setting out full details of the matters which the respondent considers require to be taken into account by the reporter in examining the proposal,
b
a statement as to which of the procedures specified in section 12(3) of the Act the respondent considers is appropriate in the circumstances,
c
where the respondent intends to rely on documents, materials and evidence in addition to the items referred to in regulation 6(2)(c) and (d), copies of the documents, materials and evidence,
d
where the respondent intends to rely only on the documents, materials, evidence, and the statement and report already provided by the initiating party under regulation 6(2)(c) and (d), a list of those items upon which the person intends to rely,
e
where the statement referred to in sub-paragraph (b) indicates that—
i
a hearing under section 12(3)(b) of the Act is sought, a list of any persons whom the respondent wishes to provide a written statement for the purposes of the hearing, or
ii
an inquiry under section 12(3)(c) of the Act is sought, a list of any persons whom the respondent wishes to give evidence at the inquiry, any matters which those persons are particularly to address,
and any relevant qualifications those persons have to do so.
3
All matters which the respondent intends to raise in the examination must be set out in the representations referred to in paragraph (2)(a), or in the documents which accompany those representations.