44. Application for setting aside of third party exclusion order or third party visit limit made in third party respondent’s absence

An application under section 165C(3) of the Act to set aside a third party exclusion order or a third party visit limit may be submitted by the third party respondent in such form as the Council may determine, not later than 7 days (or such longer period as the Committee of Assessors may allow in any particular case) after the third party respondent is served the third party exclusion order or third party visit limit made against the third party respondent in his or her absence.

The third party respondent must submit the application under paragraph (1) in accordance with rule 4.

Every application under paragraph (1) must set out the grounds of the application in a clear and concise manner, and may be accompanied by —

an explanation for the third party respondent’s failure to respond to a notice to object to the proposed third party exclusion order or third party visit limit; and

any evidence or information which the third party respondent considers necessary in support of his or her application to set aside the third party exclusion order or third party visit limit.

Upon the submission of any application under paragraph (1) in respect of a third party exclusion order or a third party visit limit, any appeal against that third party exclusion order or third party visit limit under rule 46 or application for the variation or revocation of the third party exclusion order or third party visit limit made under rule 48 must be stayed pending the determination of the application under paragraph (1).

The Committee of Assessors, in any proceedings to set aside the third party exclusion order or third party visit limit, may exercise the powers under section 165(3) of the Act in the same manner as if the proceedings were for a determination of a third party exclusion order or a third party visit limit under that section.

An application under section 165C(3) of the Act to set aside a third party exclusion order or a third party visit limit may be submitted by the third party respondent in such form as the Council may determine, not later than 7 days (or such longer period as the Committee of Assessors may allow in any particular case) after the third party respondent is served the third party exclusion order or third party visit limit made against the third party respondent in his or her absence.

The third party respondent must submit the application under paragraph (1) in accordance with rule 4.

Every application under paragraph (1) must set out the grounds of the application in a clear and concise manner, and may be accompanied by —

an explanation for the third party respondent’s failure to respond to a notice to object to the proposed third party exclusion order or third party visit limit; and

any evidence or information which the third party respondent considers necessary in support of his or her application to set aside the third party exclusion order or third party visit limit.

Upon the submission of any application under paragraph (1) in respect of a third party exclusion order or a third party visit limit, any appeal against that third party exclusion order or third party visit limit under rule 46 or application for the variation or revocation of the third party exclusion order or third party visit limit made under rule 48 must be stayed pending the determination of the application under paragraph (1).

The Committee of Assessors, in any proceedings to set aside the third party exclusion order or third party visit limit, may exercise the powers under section 165(3) of the Act in the same manner as if the proceedings were for a determination of a third party exclusion order or a third party visit limit under that section.