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72.—(1) Where a party to whom a direction is given under rule 71 was not afforded the opportunity to be heard before the direction was given and did not consent to the relative application, that party may apply at any time before the First-tier Tribunal has determined the claim to a legal member, by notice to the First-tier Tribunal, for the direction to be varied or set aside, but a legal member shall not vary it or set it aside without first notifying the other party and considering any representations made by that party.
(2) An application under paragraph (1) may be considered by a legal member alone or with such other members of the First-tier Tribunal as the legal member considers appropriate.
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