PART IIIPROCEDURE FOR DEALING WITH REPRESENTATIONS

Withdrawal of representations

13.—(1) The complainant may at any time before the inquiry commences, with the consent of the Tribunal and on such terms as it thinks fit, withdraw his representations by giving notice of withdrawal to the Tribunal.

(2) Where before the inquiry is concluded the respondent dies, the representations shall be treated by the Tribunal as having been withdrawn with immediate effect.

(3) Subject to paragraph (4), where the representations have been withdrawn, or treated by the Tribunal as having been withdrawn, the Tribunal shall forthwith inform in writing –

(a)in the case of a withdrawal referred to in regulation 12 (power to treat representation as withdrawn in certain cases) or paragraph (1), the respondent;

(b)in the case of a withdrawal referred to in paragraph (2), the personal representative of the respondent; and

(c)in the case where the Tribunal has informed the Department pursuant to regulation 7(3) that the respondent is subject to an inquiry in a fraud case, the Department, and shall inform in writing every Board.

(4) Where the representations are withdrawn or treated as withdrawn after the Tribunal has made a direction under paragraph 9 (3) of Schedule 11 to the Order (which deals with directions on applications for interim suspension), that direction shall cease to have effect, and –

(a)the Tribunal shall include this information also in its notice under paragraph (3);

(b)the Tribunal shall immediately also so inform the Department in writing; and

(c)the Department shall so inform anyone to whom it sent a copy of the Tribunal’s decision pursuant to regulation 21(2).