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Paragraph 19 Third party appeals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application in relation to a decision made before 20 June 2003 under section 47(1) of the Act, asking the OFT to withdraw or vary a decision shall—

(a)

be submitted in writing to the OFT within one month from the date of publication of that decision;

(b)

comply with paragraph (2); and

(c)

include the documents specified in paragraph (3).

(2)

An application submitted under paragraph (1) shall be signed by the applicant, or by a duly authorised representative of the applicant, and shall state the applicant’s reasons—

(a)

for considering that he has a sufficient interest in the decision referred to in paragraph (1); or

(b)

where he claims to represent persons who have sufficient interest in that decision—

(i)

for claiming that he represents those persons; and

(ii)

for claiming that those persons have a sufficient interest in that decision.

(3)

The documents specified for the purposes of paragraph (1) are the following—

(a)

three copies of the application; and

(b)

where the application is signed by a representative of an applicant, proof in writing of that representative’s authority to act on that applicant’s behalf.

(4)

An application is made on the date on which it is received by the OFT.

(5)

The OFT shall acknowledge receipt of an application by giving notice to the applicant without delay.

(6)

Where the applicant knows of any material change in the information contained in the application he shall without delay communicate that change to the OFT.

(7)

Subject to rules 17 and 18, if the OFT proposes to grant the application it shall consult all persons whom it was required to notify of the decision referred to in paragraph (1).

(8)

If the OFT grants the application, it shall give notice of its decision—

(a)

to the applicant; and

(b)

subject to rules 17 and 18, to all persons whom it was required to notify of the decision referred to in paragraph (1),

stating in the notice the facts on which it bases the decision and its reasons for the decision.

(9)

Where the OFT is required to give notice of a decision under paragraph (8) it shall publish the decision.

(10)

For the purpose of this rule, the reference in paragraph (1) to section 47(1) of the Act is to be construed as a reference to section 47(1) of the Act as preserved by article 5 of the Enterprise Act 2002 (Commencement No 3, Transitional and Transitory Provisions and Savings) Order 2003f1.

Annotations

Footnotes

f1

S.I. 2003/1397.

Notes on Schedule

Footnotes

f1

1998 c. 41.