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The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
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Changes over time for: Section 17
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Withdrawal
This section has no associated Explanatory Memorandum
17.—(1) Subject to paragraph (2), F1... a party may give notice of the withdrawal of its case, or any part of it—
(a)F2... by sending or delivering to the Tribunal a written notice of withdrawal; or
(b)orally at a hearing.
(2) Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.
(3) A party who has withdrawn their case may apply to the Tribunal for the case to be reinstated.
(4) An application under paragraph (3) must be made in writing and be received by the Tribunal within 28 days after—
(a)the date on which the Tribunal received the notice under paragraph (1)(a); or
(b)the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).
(5) The Tribunal must notify each party in writing [F3that a withdrawal has taken effect] under [F4paragraph (2)].
[F5(6) The Tribunal must (save for good reason) treat the proceedings as withdrawn if the respondent provides notification in writing to the Tribunal and each other party that the decision or act to which the proceedings relate has been withdrawn or revoked, or that the respondent otherwise does not rely upon the decision or act.
(7) For the purposes of paragraph (6) “decision or act” includes a direction or order, and means, where the proceedings relate to more than one decision or act, all of the decisions or acts.
(8) The Tribunal must notify each party in writing that the proceedings have been treated as withdrawn under paragraph (6).
(9) A party may apply to the Tribunal for proceedings which have been treated as withdrawn under paragraph (6) to be reinstated.
(10) An application under paragraph (9) must be made in writing and be received by the Tribunal within 28 days after the date on which the Tribunal sent the notice under paragraph (8).]
Textual Amendments
F1Words in rule 17(1) omitted (6.4.2021) by virtue of The Tribunal Procedure (Amendment) Rules 2021 (S.I. 2021/322), rules 1(1), 3(2)
F2Words in art. 17(1)(a) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), arts. 1(2)(c), 7(a)
F3Words in art. 17(5) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), arts. 1(2)(c), 7(b)
F4Words in rule 17(5) substituted (6.4.2021) by The Tribunal Procedure (Amendment) Rules 2021 (S.I. 2021/322), rules 1(1), 3(3)
F5Rule 17(6)-(10) inserted (6.4.2021) by The Tribunal Procedure (Amendment) Rules 2021 (S.I. 2021/322), rules 1(1), 3(4)
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