(1) Where-
(a) no appeal under Regulation 28 against an adverse assessment (including the specified sanctions) is lodged with the court within the period for lodging an appeal, or
(b) an appeal under Regulation 28 against an adverse assessment (including the specified sanctions) which has been lodged with the court within the period for lodging the appeal is withdrawn or abandoned,
then the Bank may apply to the court for an order confirming the adverse assessment (including the specified sanctions).
(2) The court shall determine an application under paragraph (1) by making -
(a) subject to paragraph (7), an order confirming, varying or setting aside the adverse assessment (including the specified sanctions) whether in whole or in part, or
(b) an order remitting the case to be decided again by the Bank in accordance with the directions of the court.
(3) The court shall not hear an application under paragraph (1) unless -
(a) the assessee appears at the hearing as respondent to the appl
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