PART VADDITIONAL POWERS OF THE TRIBUNAL
Power to strike out44
1
The Secretary of the Tribunal shall, at any stage of the proceedings, if the responsible body applies or the President so directs, serve a notice on the parent stating that it appears that the claim should be struck out on one or both of the grounds specified in paragraph (2) or for want of prosecution.
2
The grounds referred to in paragraph (1) are that—
a
the claim is not, or is no longer, within the jurisdiction of the tribunal;
b
that notice of claim is, or the claim is or has become, scandalous, frivolous or vexatious.
3
The notice under paragraph (1) shall invite the parent to make representations.
4
The tribunal may, after considering any representations duly made by the parent, order that the claim should be struck out on one or both of the grounds specified in paragraph (2) or for want of prosecution.
5
The tribunal may make an order under paragraph (4) without holding a hearing unless the parent requests the opportunity to make oral representations, and if the tribunal holds a hearing it may be held at the beginning of the hearing of the substantive claim.
6
The President may, if he thinks fit, at any stage of the proceedings order that a statement of a party’s case should be struck out or amended on the grounds that it is scandalous, frivolous or vexatious.
7
Before making an order under paragraph (6), the President shall give to the party against whom he proposes to make the order a notice inviting representations and shall consider any representations duly made.
8
For the purposes of this regulation—
a
a notice inviting representations must inform the recipient that he may, within a period (not being less than 5 working days) specified in the notice, either make written representations or request an opportunity to make oral representations;
b
representations are duly made if—
i
in the case of written representations, they are made within the period so specified; and
ii
in the case of oral representations, the party proposing to make them has requested an opportunity to do so within the period so specified.