Regulation 9 Appeal relating to registration or to designation as a responsible person
An appeal by a person (in this regulation referred to as “the appellant”) under—
section 16(1)(a) of the Act against any entry in, or amendment to, the register in respect of his liability to pay any of the community charges or community water charges;
section 17(9)(a) of the Act against designation as the responsible person in relation to any premises,
shall be made to, and determined by, the registration officer in accordance with the following provisions of this regulation.
The appeal shall be made in writing and shall—
state the name and address of the appellant;
specify the entry in, or amendment to, the register against which the appeal is made or, as the case may be, the address of the premises in relation to which the appellant has been designated as the responsible person;
set out all the reasons for the appeal along with any evidence in support thereof;
state the date on which the appeal is made; and
be signed by the appellant or his agent, who shall state his name and address.
The appeal shall be lodged with the registration officer within a period of 28 days beginning on the day after the day on which the registration officer sends or delivers by hand to the appellant—
under section 14(2) of the Act, a copy of the entry in the register against which the appeal is made;
under section 15(5) of the Act, a copy of the amendment to the register against which the appeal is made; or
under section 17(9) of the Act, notification that he has designated him to be the responsible person in relation to the premises.
The appellant shall, at the same time as he makes an appeal, notify the registration officer in writing of the name and address of any person appearing to the appellant to have an interest in the appeal.
The registration officer may, without a hearing, determine the appeal in favour of the appellant and, where he does so, he shall notify the appellant in writing of his determination; but, where he does not so determine the appeal, the following paragraphs shall apply.
Unless the appellant withdraws his appeal under paragraph (9) below, the registration officer shall send to—
any person whom the appellant has notified to the registration officer under paragraph (4) above; and
any other person who appears to the registration officer to have an interest in the appeal,
a copy of the appeal together with a notice of the effect of paragraphs (7) to (14) below and, in the case of any person falling within subparagraph (b) above, shall inform the appellant of the name and address of that person.
Any person, who has been sent a copy of the appeal under paragraph (6) above, may lodge with the registration officer written representations with respect to the appeal within a period of 14 days beginning on the day after the day on which the registration officer sends him the copy of the appeal, and that person shall at the same time send a copy of those representations to the appellant; and any person who has so lodged such written representations is referred to in this regulation as an “interested party”.
Unless the appellant withdraws his appeal under paragraph (9) below, the registration officer shall afford the appellant and every interested party an opportunity of appearing and being heard at a hearing held by him and shall give them not less than 14 days' notice in writing of the date, time and place fixed by the registration officer for the hearing of the appeal.
The appellant may withdraw his appeal at any time prior to the date fixed for the hearing of the appeal by informing the registration officer in writing to that effect and, where he does so withdraw his appeal, the registration officer shall inform every interested party accordingly.
The appellant and every interested party may appear and be heard at the hearing in person or may be represented by any other person.
The hearing shall take place in private.
The procedure at the hearing shall be such as the registration officer may decide.
If neither the appellant nor any interested party appear or are represented at the hearing, the registration officer may proceed to determine the appeal.
In determining the appeal, the registration officer shall take into consideration what is stated at the hearing (if any), any written material lodged under paragraph (2)(c) above and any written representations lodged under paragraph (7) above.
The registration officer shall determine an appeal which is lodged with him—
on or before 31st December 1988, within the period of 3 months beginning on the day on which the appeal is so lodged;
after that date, within the period of 2 months beginning on the day on which the appeal is so lodged,
and shall immediately thereafter notify the appellant and every interested party in writing of his determination and of his reasons therefor.
In this regulation any reference to the sending or delivery by hand of a copy of an amendment to the register includes a reference to the notification of a deletion or substitution of the whole or part of an existing entry in the register.