Regulation 20 Reviews of non-qualification determinations

(1)

An applicant may give a notice (“a review notice”) to the delivery body to request a review of a non-qualification determination (“a non-qualification review”).

(2)

A review notice must—

(a)

subject to paragraph (6), be given by a date (“the non-qualification review request date”) which is no later than 5 working days after the date of the notice containing the non-qualification determination;

(b)

contain the matters specified in paragraph (3) and be made in the form and manner as may be required by the delivery body; and

(c)

not contain any documentary evidence which was not provided to the delivery body in support of the application which is the subject of the non-qualification determination.

(3)

The matters referred to in paragraph (2)(b) are—

(a)

a concise statement which—

(i)

identifies the relevant part of the non-qualification determination in dispute; and

(ii)

sets out the facts on which the applicant relies;

(b)

a summary of the grounds for disputing the non-qualification determination;

(c)

a succinct presentation of the arguments supporting each of the grounds for dispute; and

(d)

a schedule listing the documents submitted with the review notice.

(4)

Where the delivery body receives a review notice in accordance with paragraph (2), it must give a notice (“a non-qualification review notice”) to the applicant which—

(a)

states whether or not the delivery body has determined to uphold the non-qualification determination; and

(b)

gives reasons for the determination.

(5)

Subject to paragraph (6), a non-qualification review notice must be given by no later than 10 working days after the date on which the review notice is received.

(6)

The allocation framework which applies to the allocation round may provide for a different period than that stated in paragraph (2)(a) or (5), and where such a different period is provided for, the obligation in paragraph (2)(a) or (5) applies in respect of that different period.