OpenLegislation

Regulation 31 Making of appeals and applications

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this regulation, an appeal, or an application for an extension of time for making an appeal, to an appeal tribunal must—

(a)

be in writing—

(i)

on a form approved for the purpose by the Board (“the approved form”); or

(ii)

in such other format as the Board may accept as sufficient for the purpose;

(b)

be signed by–

(i)

the person who has a right of appeal under section 12(2) or Article 13(2); or

(ii)

if that person has provided written authority to a representative to act on his behalf, that representative;

(c)

be sent or delivered to an appropriate office;

(d)

contain particulars of the grounds on which it is made; and

(e)

contain sufficient particulars of the decision or the subject of the application, to enable that decision or subject to be identified.

(2)

An approved form which is not completed in accordance with the instructions on it—

(a)

subject to paragraph (3), does not satisfy the requirements of paragraph (1), and

(b)

may be returned by the Board to the sender for completion in accordance with those instructions.

(3)

If the Board are satisfied that an approved form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal or application to proceed, they may treat it as satisfying the requirements of paragraph (1).

(4)

If an appeal or application made in writing otherwise than on the approved form includes sufficient information to enable the appeal or application to proceed, the Board may treat it as satisfying the requirements of paragraph (1).

(5)

If an appeal or application made in writing otherwise than on the approved form does not include sufficient information to enable the appeal or application to proceed, the Board may request further information in writing from the appellant or applicant.

(6)

If an appellant or applicant to whom an approved form is returned, or from whom further information is requested, duly completes and returns the form or sends the further information and that form or further information is received by the Board—

(a)

within 14 days of the date on which the form was returned to him by them, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;

(b)

within 14 days of the date on which the further information was requested by them, the time for making the appeal shall be extended by 14 days from the date of the request;

(c)

within such longer period as they may direct, the time for making the appeal shall be extended by a period equal to that longer period.

(7)

If an appellant or applicant to whom an approved form is returned, or from whom further information is requested, does not complete and return the form or send further information within the period of time specified in paragraph (6), the Board must forward a copy of the appeal or application, together with any other relevant documents or evidence, to a legally qualified panel member who must—

(a)

determine whether the appeal or application satisfies the requirement of paragraph (1), and

(b)

inform the appellant or applicant and the Board of his determination.

(8)

If—

(a)

an approved form is duly completed and returned or further information is sent after the expiry of the period of time specified in paragraph (6); and

(b)

no determination has been made under paragraph (7) at the time the form or the further information is received by the Board,

the Board must forward the duly completed form or further information to the legally qualified panel member who must take into account any further information or evidence set out in that form or the further information.