46. Complaint

(1) A person may make a complaint if that person —
(a) is, or claims to be, an excluded person; or
(b) attends the meeting and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person.
(2) The complaint must be made to the appropriate person, who is —
(a) the chairman, where the complaint is made during the course of the meeting; or
(b) the Office-holder, where it is made after the meeting.
(3) The complaint must be made as soon as reasonably practicable and, in any event, no later than 16.00 hours on the business day following —
(a) the day on which the person was, appeared or claimed to be excluded; or
(b) where an indication is sought under paragraph 45 (Indication to excluded person) of Part 11 (Proxies and corporate representation) of this Schedule, the day on which the complainant received the indication.
(4) The appropriate person must —
(a) consider whether there is an excluded person;
(b) where satisfied that there is an excluded person, consider the complaint; and
(c) where satisfied that there has been prejudice, take such action as the appropriate person considers fit to remedy the prejudice.
(5) Sub-paragraph (6) applies where the appropriate person is satisfied that the complainant is an excluded person and —
(a) a resolution was voted on at the meeting during the period of the person's exclusion; and
(b) the excluded person asserts how the excluded person intended to vote on the resolution.
(6) Where the appropriate person is satisfied if the excluded person had voted as that person intended it would have changed the result of the resolution, then the appropriate person must —
(a) count the intended vote as having been cast in that way;
(b) amend the record of the result of the resolution; and
(c) where notice of the result of the resolution has been delivered to those entitled to attend the meeting, deliver notice to them of the change.
(7) Where satisfied that more than one complainant is an excluded person, the appropriate person must have regard to the combined effect of the intended votes.
(8) The appropriate person must deliver notice to the complainant of any decision.
(9) A complainant who is not satisfied by the action of the appropriate person may apply to the Court for directions and any application must be made no more than two business days from the date of receiving the decision of the appropriate person.