Regulation 12 Further provisions relating to written representations where appeal relates to scheme notification decision or scheme eligibility decision
This regulation applies where an appeal relates to a scheme notification decision or a scheme eligibility decision.
Any written representations sent by a person who is not a party to the appeal must state—
the name and address of the person making the written representations;
why that person considers himself to be an interested person in relation to the appeal and must include evidence in support (where it is available); and
the name and address of any representative acting on the person’s behalf and whether that address is the address to be used for the purposes of the appeal.
As soon as practicable after receiving written representations from a person who is not a party to the appeal, the Ombudsman must send a reply to that person.
The reply must state—
whether the Ombudsman is satisfied that the person who sent the written representations is an interested person in relation to the appeal; and
the reasons for that decision.
Before the Ombudsman sends a reply which states that he is not satisfied that the person who sent the written representations is an interested person in relation to the appeal, he may give that person an opportunity to submit more details in support of his claim.
Where the Ombudsman sends a reply which states that he is not satisfied that the person who sent the written representations is an interested person in relation to the appeal, that person shall not take any further part in the appeal.
Where the Ombudsman sends a reply which states that he is satisfied that the person who sent the written representations is an interested person in relation to the appeal—
he must also send to the interested person a copy of the notice of appeal and any other written representations which he has received in relation to the appeal; and
the interested person is to be treated as a party to the appeal for the purposes of regulations 7(3)(a)(i), 13 (except paragraph (3)), 15(2)(a), 16(4)(a), 17(1), (2), (5)(b), (7) and (8)(b), 18(1) to (5), 19(2) and (11), 22(3) and (4), 23(10) and (12)(a), 24(a), 25(5), (7), (8) and (9), 27(1) and (2) and 29(1).
A reply sent by the Ombudsman under this regulation must be in writing, but, subject to that, may be made in such manner as the Ombudsman considers appropriate.