109
If appropriate, a revised "minded to" notice will be served, restarting the
process. Alternatively the MHRA may notify you that one or more of the
grounds set out in the notice are withdrawn and no longer at issue before
the Panel. The MHRA will also consider whether, in the light of
representations made, the "minded to" notice should be withdrawn
without referring the matter to the Panel.
4.2 Your written representations, together with the MHRA papers, will also
be provided to the Independent Review Panel (through the Secretariat).
The MHRA papers will consist of the notice and supplementary evidence
and assessment reports referred to in point 2.1, a copy of the advertising
material and supporting references, details of the original complaint and
copies of all correspondence with the company relating to the
assessment of the complaint.
4.3 If you have requested an oral hearing, the Panel will decide, taking into
account any MHRA views, whether an oral hearing is required in order to
ensure fairness, having particular regard to the complexity of the issues
in the case. The MHRA may also request an oral hearing but has stated,
as a matter of policy, that it will not normally do so. When an oral
hearing is to take place the hearing will be set for a time and place as
notified by the Panel (taking into account any representations made by
the parties). Where an oral hearing is not to take place, the Panel will
inform the parties of the date on which it will settle its advice. The date
of the Panel meeting will normally be within 4 to 6 weeks of the date of
receipt of your written representations.
4.4 With the notification of the Panel date you will also receive any MHRA
response to the points raised in your representations (see point 4.1
above) and copies of any additional MHRA papers not provided with the
original “minded to” letter. The MHRA will either copy to you any of this
material which did not accompany the original "minded to" letter, or
(where you already have the material) will inform you of the fact that it is
relying on it.
4.5 The Panel may also call for further information from either party or from
an independent expert. Any material lodged with the Panel will be made
available to both parties.
4.6 If an oral hearing is held, both you and the MHRA may attend to answer
questions from the Panel. The MHRA will first be given the opportunity to
answer any questions from the Panel. You will then be given the
opportunity to answer the Panel’s questions and respond to MHRA's
points at issue. Both the company and the MHRA representatives will
then withdraw when the Panel begins their detailed discussion of the
case leaving only the Panel members themselves and the Secretariat
members.
4.7 At an oral hearing, a party may only call witnesses if the Panel, on
application, considers that this is necessary in order to clarify any matter