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3.—(1) Rule 21 shall be re-numbered as rule 21(1).
(2) In rule 21(1) as so re-renumbered, the words “At the hearing of an appeal or charge” shall be omitted.
(3) After rule 21(1) there shall be inserted:—
“(2) The right conferred by paragraph (1) extends to every hearing before the Tribunal in connection with an appeal or charge, including in particular—
(a)the hearing of the appeal or charge;
(b)a preliminary hearing; and
(c)a hearing to consider whether—
(i)to give a person permission to appeal out of time;
(ii)to make, cancel or vary a direction under paragraph 8 of Schedule 7 (suspending the effect of a relevant decision);
(iii)to make a direction under paragraph 9(3) of Schedule 5 (restricting or prohibiting the provision of immigration advice or immigration services while the Tribunal deals with a charge);
(iv)to make any other procedural direction; or
(v)to give effect to a draft order settling proceedings by consent;
but this rule is without prejudice to any right of the Tribunal to make a decision on any of the matters listed in sub-paragraph (c) without a hearing.”.
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