19. This Part sets out the procedure for the preparation for the determination of references and rectification applications.
20. The adjudicator may at any time, on the application of a party or otherwise, give directions, including (but not limited to) such as are provided for in these Rules, to enable the parties to prepare for the hearing or to assist the adjudicator to conduct the proceedings or to determine the whole or part of the matter or any question of dispute in the proceedings without a hearing.
21.—(1) Any direction made by the adjudicator must be—
(a)in writing;
(b)dated; and
(c)except in the case of requirement notices under rule 28, served by him on—
(i)every party to the proceedings;
(ii)where the person who made the application, representation or objection that resulted in the direction was not a party, that person; and
(iii)where the direction requires the registrar to take action, the registrar.
(2) Directions containing a requirement must include a statement of the possible consequences of failure to comply with the requirement within any time limit specified by these Rules, or imposed by the adjudicator.
(3) Directions requiring a party to provide or produce a document or any other material may require the party to provide or produce it to the adjudicator or to another party or both.
22. Where a reference or rectification application is related to another reference or rectification application and in the opinion of the adjudicator it is appropriate or practicable to do so, the adjudicator may direct that any or all of those related references or rectification applications be dealt with together.
23. The adjudicator may give directions requiring a party to state whether that party intends to—
(a)attend or be represented at the hearing; and
(b)call witnesses.
24.—(1) The adjudicator may give one or more of the following directions—
(a)that any person be added as a new party to the proceedings, if it appears to the adjudicator desirable for that person to be made a party;
(b)that any person cease to be a party to the proceedings, if it appears to the adjudicator that it is not desirable for that person to remain a party; and
(c)that a new party be substituted for an existing party, if—
(i)the existing party’s interest or liability has passed to the new party; and
(ii)it appears to the adjudicator desirable to do this to enable him to resolve the whole or part of the matter or any question of dispute in the proceedings.
(2) If the adjudicator directs that a new party is to be added to the proceedings, the adjudicator must specify—
(a)whether the new party is added as an applicant or a respondent; and
(b)how the new party is to be referred to.
(3) Each new party must be given a single identification that should be in accordance with the order in which they joined the proceedings, for example “second applicant” or “second respondent”.
(4) If the adjudicator directs that a new party is to be substituted for an existing party, the adjudicator must specify which party the new party is to substitute, for example “respondent” or “second applicant”.
(5) The adjudicator must serve on each new party a copy of each of the following—
(a)the applicant’s statement of case and copy documents served on the adjudicator under rule 12 or the applicant’s rectification application served on the adjudicator under rule 16(1); and
(b)the respondent’s statement of case and copy documents served on the adjudicator under rule 13 or the documents and information served by the respondent on the adjudicator under rule 18(a).
(6) If the new party is added to or substituted for parties to proceedings on a reference, the new party must serve on the adjudicator and each of the other parties within 28 days of service on him of the documents specified in paragraph (5)—
(a)his statement of case which must be in accordance with rule 14; and
(b)copies of documents contained in his list of documents, which must be in accordance with rule 47.
(7) If the new party is added to or substituted for parties to proceedings on a rectification application, the new party must serve on the adjudicator and each of the other parties, within 28 days of service on him of the documents specified in paragraph (5)—
(a)if the new party is added or substituted as an applicant, his rectification application which must be in accordance with rule 16(1); or
(b)if the new party is added or substituted as a respondent, his objection to the rectification application which must be in accordance with rule 18(a).
(8) If a continuing party wishes to respond to the documents specified in paragraph (6) or (7), he may apply to the adjudicator for leave to do so.
(9) If the adjudicator grants the requested leave to respond, the adjudicator must require the party requesting leave to respond to serve a copy of his response on the adjudicator and all other parties.
(10) Following the addition or substitution of parties and if it is necessary to do so, the adjudicator may give consequential directions, including for—
(a)the preparation and updating of a list of parties;
(b)the delivery and service of documents; and
(c)the waiver of the requirement to supply copies of documents listed in the new party’s list of documents where copies have already been served on the adjudicator in the course of the proceedings.
25. The adjudicator may give directions requiring a party to provide one or more of the following—
(a)a statement of the facts in dispute or issues to be decided;
(b)a statement of the facts on which that party intends to rely and the allegations he intends to make;
(c)a summary of the arguments on which that party intends to rely; and
(d)such further information, responses to statements of case or supplementary statements as may reasonably be required for the determination of the whole or part of the matter or any question in dispute in the proceedings.
26. The adjudicator may give directions requiring a party to provide a witness statement made by any witness on whose evidence that party intends to rely in the proceedings.
27.—(1) Any document or other material supplied to the adjudicator or to a party under this rule or under rule 28 may only be used for the purpose of the proceedings in which it was disclosed.
(2) The adjudicator may give directions requiring a party who has a document or other material in his possession or control—
(a)to deliver to the adjudicator the original or a copy of that document or other material and, if the adjudicator thinks necessary, to supply copies of that document or material to another party; or
(b)to permit another party to inspect and take copies of that document or other material and specifying the time and place for disclosure and inspection of that document or other material.
28.—(1) The adjudicator may, at any time, require the attendance of any person to give evidence or to produce any document or other material specified by the adjudicator which is in that person’s possession or control.
(2) The adjudicator must make any such requirement in a requirement notice.
(3) The requirement notice must be in the form specified by the adjudicator provided that the requirement notice—
(a)is in writing;
(b)identifies the person who must comply with the requirement;
(c)identifies the matter to which the requirement relates;
(d)states the nature of the requirement being imposed by the adjudicator;
(e)specifies the time and place at which the adjudicator requires the person to attend and, if appropriate, produce any document or other material; and
(f)includes a statement of the possible consequences of failure to comply with the requirement notice.
(4) The party on whose behalf it is issued must serve the requirement notice.
(5) Subject to paragraph (6) a requirement notice will be binding only if, not less than 7 working days before the time that the person is required to attend—
(a)the requirement notice is served on that person; and
(b)except in the case where that person is a party to the proceedings, the necessary expenses of his attendance are offered and (unless he has refused the offer of payment of his expenses) paid to him.
(6) At any time before the time that the person is required to attend, that person and the party on whose behalf the requirement notice is issued may substitute a shorter period for the period of 7 working days specified in paragraph (5) by—
(a)agreeing in writing such shorter period; and
(b)before the time that the person is required to attend, serving a copy of that agreement on the adjudicator.
(7) Where a requirement has been imposed on a person under paragraph (1), that person may apply to the adjudicator for the requirement to be varied or set aside.
(8) Any application made under paragraph (7) must be made to the adjudicator before the time when the person is to comply with the requirement to which the application under paragraph (7) relates.
29. The adjudicator may require the parties to provide an estimate of the length of the hearing.
30.—(1) In this rule—
“the appropriate party” is the party who is in occupation or has ownership or control of the property;
“the property” is the land or premises that the adjudicator wishes to inspect for the purposes of determining the whole or part of the matter; and
“a request for entry” is a written request from the adjudicator to the appropriate party, requesting permission for the adjudicator to enter onto and inspect the property and such a request may include a request to be accompanied by one or more of—
another party;
such number of the adjudicator’s officers or staff as he considers necessary; and
if a member of the Council on Tribunals informs the adjudicator that he wishes to attend the inspection, that member.
(2) The adjudicator, at any time for the purpose of determining the whole or part of the matter, may serve a request for entry on an appropriate party.
(3) The request for entry must specify a time for the entry that, unless otherwise agreed in writing by the appropriate party, must be not earlier than 7 days after the date of service of the request for entry.
(4) The adjudicator must serve a copy of the request for entry on any party (other than the appropriate party) and any member of the Council on Tribunals named in the request for entry and, if reasonably practicable to do so in the circumstances, must notify them of any change in the time specified.
(5) If the adjudicator makes a request for entry and the appropriate party withholds or refuses his consent to the whole or part of the request without reasonable excuse, the adjudicator may take such refusal into account when making his substantive decision.
(6) If a request for entry includes a request for a member of the Council on Tribunals to accompany the adjudicator and the appropriate party consents to the presence of that member, then that member shall be entitled to attend the site inspection but must not take an active part in the inspection.
31.—(1) At any time and on the application of a party or of his own motion, the adjudicator may dispose of any matter or matters that are in dispute as a preliminary issue.
(2) If in the opinion of the adjudicator the decision on the preliminary issue will dispose of the whole of the matter then the decision on the preliminary issue must be—
(a)made in accordance with the provisions in these Rules on substantive decisions; and
(b)treated as a substantive decision.