If a disciplinary body receives in evidence an affidavit of 1 party, the disciplinary body may decide all or part of a discipline application or any relevant fact on the evidence given in the affidavit--
(a) with the written consent of the other party; or
(b) if the other party does not appear and--
(i) the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party under the tribunal rules; or
(ii) appropriate enquiries have been made as to the other party's whereabouts and, in all the circumstances, it is reasonable for the matter to be decided in that party's absence.