PART IXMISCELLANEOUS

CAC proceedings35

1

Where under these Regulations a person presents a complaint or makes an application to the CAC the complaint or application must be in writing and in such form as the CAC may require.

2

In its consideration of a complaint or application under these Regulations, the CAC shall make such enquiries as it sees fit and so far as reasonably practicable give any person whom it considers has a proper interest in the complaint or application an opportunity to be heard.

3

The CAC may draw an adverse inference from a party’s failure to comply with any reasonable request to provide information or documents relevant to a complaint presented to it or an application made to it.

4

A declaration or order made by the CAC under these Regulations may be relied on—

a

in relation to an employer whose registered office, head office or principal place of business is in England or Wales, as if it were a declaration or order made by the High Court, and

b

in relation to an employer whose registered office, head office or principal place of business is in Scotland as if it were a declaration or order made by the Court of Session.

5

A declaration or order made by the CAC under these Regulations must be in writing and state the reasons for the CAC’s findings.

6

An appeal lies to the Appeal Tribunal on any question of law arising from any declaration or order of, or arising in any proceedings before, the CAC under these Regulations.