23.—(1) The Tribunal may determine the application, without a hearing or by holding a hearing if—
(a)the Secretary of the Tribunal does not receive a case statement from the Commissioner within the case statement period,
(b)the Commissioner has stated in writing an intention not to resist the application, or
(c)the Commissioner has withdrawn opposition to the application.
(2) Where the Tribunal decides the application without a hearing, it must do so on the basis of the notice of application and any other documents already received.
(3) If the Tribunal decides to hold a hearing in accordance with paragraph (1), it may issue a direction precluding the Commissioner from attending the hearing or being represented at the hearing.