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.