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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more
INSTITUTION OF PROCEEDINGS
Originating application
2.—(1) Proceedings before the Tribunal for the determination of any question or dispute shall be commenced by serving on the Tribunal an originating application substantially in accordance with Form 1.
(2) Every such application shall name as a respondent every party (other than the applicant) to the question or dispute, and any other person appearing to be directly interested in the subject matter of the application, and shall also contain a certificate that the application does not relate to proceedings which, under section 43 of the Act, are to be treated as Scottish proceedings.
Service of originating application
3. The clerk shall, as soon as may be after being served with an originating application, serve upon each respondent named therein a sealed copy thereof endorsed with a notice substantially in the following terms:—
“To the respondent (naming the respondent served): You will in due course be served with a statement setting out the facts alleged by, and the contentions of, the applicant and you are requested not to take any step in these proceedings until after service of such statement upon you”.
Joinder of parties
4.—(1) The Tribunal may at any time, upon the application of any person or of its own motion, direct that any person appearing to the Tribunal to be directly interested in the subject matter of the application be added as a respondent and thereupon the clerk shall serve upon such person a sealed copy of the originating application having endorsed thereon a notice in accordance with rule 5.
(2) The Tribunal may likewise, either upon such application or of its own motion, order that any respondent named in the originating application or subsequently added, who shall appear to the Tribunal not to have been, or to have ceased to be, directly interested in the subject matter of the application, be dismissed from the proceedings upon such terms (if any) as the Tribunal may think fit.
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