32.—(1) The secretary must maintain a register of appeals to, and decisions of the Tribunal.
(2) The register must be reasonably accessible to any person without charge.
33.—(1) Any functions of the secretary may be performed by—
(a)an assistant secretary to the Tribunal; or
(b)by any other member of the Tribunal staff authorised for the purpose by the secretary.
(2) Subject to the provisions of the 2006 Act and these Rules, the Tribunal may regulate its own procedure.
(3) Without limiting any other powers conferred on it by the 2006 Act or these Rules, the Tribunal may, if it thinks fit—
(a)order any response document, supplementary statement or written representation to be struck out at any stage of the proceedings on the ground that it—
(i)discloses no reasonable grounds for bringing or defending an appeal;
(ii)is an abuse of the Tribunal’s process; or
(iii)is likely to obstruct the just disposal of proceedings; or
(b)order any appeal to be struck out for inordinate delay.
(4) Before making any order under paragraph (3), the Tribunal must provide an opportunity for the party against whom it is proposed that the order should be made, to make representations against the making of the order.
34.—(1) The Tribunal may take any one or more of the steps in paragraph (2) in respect of a party, where that party has, without reasonable excuse, failed to comply—
(a)with a direction given under these Rules; or
(b)with a provision of these Rules.
(2) The steps referred to in paragraph (1) are—
(a)where that party is the appellant, dismiss the whole or part of the appeal (or, if there is more than one appellant, that appellant’s appeal);
(b)where that party is the Regulator, strike out the whole or part of the statement of case and, where appropriate, direct that the Regulator be disqualified from contesting the appeal altogether.
(3) The Tribunal must not take any of the steps under this rule in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.
35.—(1) Any irregularity that arises before the Tribunal has reached its decision, resulting from failure to comply with any provision of these Rules or of any direction of the Tribunal, will not of itself render the proceedings void.
(2) When any such irregularity comes to the attention of the Tribunal, the Tribunal may, and must if it considers that any person may have been prejudiced by the irregularity, give such directions as it thinks just to cure or waive the irregularity.
(3) Clerical mistakes in any document recording a direction or decision, or errors arising in such a document from an accidental slip or omission, may be corrected by a certificate signed by the chairman.
36. Any matter (other than the determination of an appeal or the setting aside of a decision) required or authorised by these Rules to be done by the Tribunal may be done by the chairman.
37.—(1) Any document purporting to be a document duly executed or issued by the chairman or the secretary on behalf of the Tribunal must, unless proved to the contrary, be deemed to be a document so executed or issued.
(2) A document purporting to be certified by the secretary to be a true copy of any entry of a decision in the register will, unless proved to the contrary, be sufficient evidence of the entry and of the matters referred to in it.
38.—(1) This rule applies to any notice sent under these Rules, and in this rule—
“send” to a person includes deliver or give to, or serve on, that person;
“notice” includes any notice or other information required or authorised by these Rules to be sent or delivered to, or served on, any person; and
“recipient” means a person to, or on whom, any notice is required or authorised to be sent for the purposes of these Rules.
(2) A notice may be sent—
(a)by a postal service which seeks to deliver documents or other things by post no later than the next working day in all or in the majority of cases;
(b)by fax;
(c)by email to an appropriate email address; or
(d)by personal delivery.
(3) A notice must be sent—
(a)in the case of a notice directed to the Tribunal, to the Tribunal’s office;
(b)in the case of a notice directed to the appellant or where relevant the applicant—
(i)to his representative; or
(ii)where there is no representative, to the appellant or where relevant the applicant,
at the appropriate address notified to the Tribunal in accordance with rule 4(3);
(c)in the case of a notice directed to the Regulator, to the Regulator’s head office; or
(d)otherwise, to the recipient’s registered office or last known address.
(4) Subject to paragraphs (5) and (6), a notice that is sent will be deemed, unless the contrary is proved, to have been received—
(a)where it was sent by post, on the second day after it was sent; and
(b)in any other case, on the day it was sent.
(5) Where a notice is sent by post to the Tribunal, it will be deemed to have been received on the day it was actually received by the Tribunal.
(6) No notice will be deemed to have been received if it is not received—
(a)in legible form; or
(b)in a form from which it can readily be produced in a legible form.
(7) Where the time prescribed by these Rules for doing any act expires on a Saturday, Sunday, Christmas Day, Good Friday or bank holiday, the act will be in time if done on the next following working day.
(8) Paragraph (9) applies where—
(a)a recipient cannot be found;
(b)a recipient has died and has no known personal representative;
(c)a recipient has no address for service in the United Kingdom; or
(d)for any other reason service on a recipient cannot be readily effected.
(9) Where this paragraph applies the chairman may dispense with service on the recipient or may make an order for alternative service on such other person or in such other form (whether by advertisement in a newspaper or otherwise) as the chairman may think fit.
(10) In this rule, “bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971(1).