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26.—(1) The Tribunal may, on the application of a party or on the Tribunal’s own initiative, give such directions to a party on any matter arising in connection with the application as the Tribunal thinks fit, including, among other things, such directions as are provided in rules 30, 31 and 32, with a view to enabling the Tribunal to determine the application in accordance with the overriding objective.
(2) An application by a party for directions must, unless it is made at the substantive hearing of the application, be made in writing to the Secretary of the Tribunal.
(3) A party who submits an application for directions to the Secretary of the Tribunal must, unless the application is accompanied by the written consent of the other party, serve a copy of the application on the other party.
(4) If the other party objects to the directions sought, the Tribunal must consider the objection and, if the Tribunal considers it necessary for the determination of the application, must give the parties an opportunity to make representations.
(5) If, in the opinion of the Tribunal, there would not be reasonable time before a hearing of which notice has been given under rule 36(1) to comply with a direction for which a party applies, the Tribunal may—
(a)if satisfied that compliance with the direction may assist the tribunal panel to determine the issues, postpone the hearing under rule 43, or
(b)refuse the application.
(6) A direction which requires a party to take any action must—
(a)include a statement of the possible consequences for the application, as provided by rule 33, of a party’s failure to comply with the direction within the time allowed by the Tribunal,
(b)unless the person to whom the direction is addressed has had an opportunity to object to the direction, or has given written consent to it, contain a statement to the effect that that person may apply to the Tribunal under rule 27 to vary or set aside the direction.
(7) Where it appears to the Tribunal that an issue arises in relation to an application which must be decided prior to the substantive hearing of the application, and which cannot properly be determined by the giving of directions without a hearing, the Tribunal may invite the parties to appear before the Tribunal for that purpose and may give any necessary directions relating to their appearance.
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