Part 4Meetings and Reports
Complaint27
1
Any person who—
a
is, or claims to be, an excluded person; or
b
attends the meeting (in person or by proxy) and considers that they have been adversely affected by a person’s actual, apparent or claimed exclusion,
may make a complaint.
2
The person to whom the complaint must be made (“the relevant person”) is—
a
the chair, where it is made during the course of the meeting; or
b
the energy administrator, where it is made after the meeting.
3
The relevant person must—
a
consider whether there is an excluded person; and
b
where satisfied that there is an excluded person, consider the complaint; and
c
where satisfied that there has been prejudice, take such action as the relevant person considers fit to remedy the prejudice.
4
Paragraph (5) applies where—
a
the relevant person is satisfied that the complainant is an excluded person;
b
during the period of the person’s exclusion—
i
a resolution was put to the meeting; and
ii
voted on; and
c
the excluded person asserts how the excluded person intended to vote on the resolution.
5
Subject to paragraph (6), where satisfied that the effect of the intended vote in paragraph (4), if cast, would have changed the result of the resolution, the relevant person must—
a
count the intended vote as being cast in accordance with the complainant’s stated intention;
b
amend the record of the result of the resolution; and
c
where those entitled to attend the meeting have been notified of the result of the resolution, notify them of the change.
6
Where satisfied that more than one complainant in paragraph (4) is an excluded person, the relevant person must have regard to the combined effect of the intended votes.
7
A complaint must be made as soon as reasonably practicable and, in any event, by 4 p.m. on the business day following—
a
the day on which the person was excluded; or
b
where an indication is requested under Rule 26, the day on which the complainant received the indication.
8
The relevant person must notify the complainant in writing of any decision.
9
A complainant who is not satisfied by the action of the relevant person may apply to the court for a direction to be given to the relevant person as to the action to be taken in respect of the complaint, and any application must be made no more than 2 business days from the date of receiving the decision of the relevant person.