PART 7GENERAL

Failure to comply with a direction

55.—(1) Where a party has failed to comply with a direction given by the adjudicator (including a direction to commence court proceedings under section 110(1)) the adjudicator may impose a sanction on the defaulting party—

(a)on the application of any other party; or

(b)of his own motion.

(2) Where the defaulting party was the person who made (or has been substituted for or added to the party who made) the original application, the sanction may include requiring the registrar to cancel the original application in whole or in part.

(3) Where the defaulting party was a person who objected to (or has been substituted for or added to the party who objected to) the original application, the sanction may include requiring the registrar to give effect to the original application in whole or in part as if the objection had not been made.

(4) A sanction that includes either of the requirements on the registrar under paragraph (2) or (3) shall be treated as the substantive decision on that matter.

(5) If the sanction does not include either of the requirements on the registrar under paragraph (2) or (3), the adjudicator must serve written notice on the parties of his decision as to what if any sanctions are imposed, and he may make consequential directions.