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5.—(1) The President or the nominated chairman may at any time strike out the appeal or, as the case may be, application for leave, on the grounds that—
(a)it is made otherwise than in accordance with paragraph 1 or 2 (as the case may be);
(b)it is outside the jurisdiction of the Tribunal or is otherwise misconceived; or
(c)it is frivolous or vexatious.
(2) Before striking out an appeal or application for leave, as the case may be, under this paragraph, the President or the nominated chairman must—
(a)invite the parties to make representations on the matter within such period as he may direct;
(b)if within the period specified in the direction the applicant so requests in writing, afford the parties an opportunity to make oral representations; and
(c)consider any representations the parties may make.
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