Article 9 Application to the Dean for permission to appeal out of time

(1)

The respondent and the Designated Officer may apply for permission to appeal out of time. An application by the respondent shall be made in writing in form A3 in the Schedule or in a document which is substantially to the like effect containing the information required by sub-rule (2) below. The Designated Officer shall adapt form A3 as appropriate when making such an application.

(2)

An application for permission to appeal out of time shall—

(a)

set out the reasons why the appeal was not made within time,

(b)

contain a declaration that the party making the application believes the facts of the application to be true, and

(c)

be signed and dated.

(3)

The party making the application shall attach the following documents to an application for permission to appeal out of time—

(a)

a completed draft notice of appeal in form A1 or A2, as the case may be,

(b)

a copy of the tribunal’s decision,

(c)

if a penalty was imposed by the tribunal, a copy of the written decision imposing the penalty.

(4)

The party making the application shall send or deliver the application and attached documents to the Provincial Registrar, and shall at the same time send or deliver a copy to the Designated Officer or respondent, as the case may be.

(5)

The application shall be determined by the Dean without a hearing.

(6)

Before determining the application the Dean shall give the other party 14 days within which to make written representations in response to the application, and the other party shall send or deliver to the party making the application a copy of any such representations.

(7)

The Dean may give permission to appeal out of time if satisfied that—

(a)

there was good reason why the party making the application did not appeal within the time allowed,

(b)

there would be a good arguable case on appeal, and

(c)

the other party would not suffer significant prejudice as a result of the delay.

(8)

The Dean’s determination of the application shall be put into writing, and shall be sent or delivered to the parties by the Provincial Registrar within 21 days of the expiry of the time allowed for the written representations referred to in sub-rule (6) above.

(9)

If the Dean gives permission to appeal out of time the draft notice of appeal attached to the application shall be treated as the notice of appeal, and within 7 days of receiving the Dean’s determination, the appellant shall send or deliver to the Provincial Registrar five additional copies of the notice of appeal with the documents referred to in rule 7 attached to it.