Regulation 4 Late appealsI1

Where the conditions specified in paragraphs F1(4) to (8) are satisfied, the Board may treat an appeal as made in time where an appeal is brought within a period of one year after the expiration of the notification period.

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The Board must not treat the appeal as made in time unless the Board is satisfied that it is in the interests of justice.

For the purposes of paragraph (4) it is not in the interests of justice to F4treat the appeal as made in time unless the Board are satisfied that—

and as a result of those special circumstances, it was not practicable for the appeal to be brought within the notification period.

For the purposes of paragraph (5)(a), the special circumstances are that—

In determining whether it is in the interests of justice to F7treat the appeal as made in time, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the notification period and the F8submission of the notice of appeal, the more compelling should be the special circumstances.

In determining whether it is in the interests of justice to F9treat the appeal as made in time, no account shall be taken of the following—

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As soon as practicable after the decision is made a copy of the decision shall be sent or given to every party to the proceedings.