PART 2START OF PROCEEDINGS

Response10

1

The responsible body shall submit a response to the Secretary within the last ten working days of the case statement period.

2

The response shall be signed and dated on behalf of the responsible body and shall state—

a

the name and address of the responsible body;

b

the address to which correspondence should be sent, if different;

c

the response to the grounds stated in the claim;

d

the basis on which the claim is resisted;

e

which facts as set out in the claim or in any statement of case under rule 8 are admitted and which are disputed;

f

any further facts on which the responsible body propose to rely; and

g

the name, address and profession of any representative appointed by the responsible body, and, where available, the representative’s telephone number, fax number and electronic address.

3

The responsible body must submit along with the response all written evidence to be relied on.

4

A responsible body who does not submit a response shall not be entitled to take any part in the proceedings, except—

a

to make an application under rule 15 for a direction requiring the claimant to provide further information on the grounds on which the claimant relies and any facts and submissions relevant thereto, to enable the responsible body to respond;

b

to apply under rule 19 for an extension of the time appointed under this rule for the response; or

c

in exceptional circumstances at the discretion of a convener or a Tribunal at a hearing.

5

In exceptional circumstances the responsible body may amend the response if permission is given by a convener or a Tribunal at a hearing.

6

The responsible body shall submit to the Secretary a copy of every amendment for which permission is given.