35Senior officer affected by evidence

35 Senior officer affected by evidence

(1) If the President of a Board of Inquiry: (a) considers that any evidence given before the Board may affect a person (affected person) who was not present or represented before the Board when evidence was given; and (b) is an officer lower in rank than the affected person; the President must: (c) inform the appointing authority, in writing, of that opinion; and (d) furnish the appointing authority with a copy of the relevant evidence; and (e) forward to the affected person a copy of the relevant evidence; and (f) inform the affected person of the right of his or her right: (i) to appear before the Board; and (ii) to submit to the Board any written statement, relevant to the inquiry, that the affected person thinks fit. (2) Where information is furnished under subregulation (1), the inquiry by the Board is suspended until: (a) the appointing authority makes the appointment referred to in paragraph (3) (a); (b) the appointing authority gives the direction referred to in paragraph (3) (b); or (c) the Court is dissolved or deemed to be dissolved under subregulation 67 (3). (3) Where the appointing authority receives information under subregulation (1), the appointing authority may, by instrument in writing: (a) terminate the appointment of the President as President of the Board of Inquiry and appoint an officer (being an officer who is not lower in rank than the officer who may be affected) to be a member, and the President, of the Board of Inquiry; or (b) direct that the Board of Inquiry continue with its inquiry.

36 Report of Board