Regulation 8 Application for permission to appeal

(1)

An application for permission to appeal must be made to the secretary within 14 days after the day on which the decision which is being appealed was made and, for these purposes, the application is made on the date on which the notice of application for permission to appeal is received by the secretary.

(2)

The appeal panel may not extend the time limit set out in paragraph (1) unless—

(a)

the appellant demonstrates that it did not receive notice of the decision until a date within the period of 14 days before the application for permission to appeal was made, or

(b)

the appeal panel is satisfied that the circumstances are exceptional.

(3)

The application must be made by notice of application for permission to appeal which states—

(a)

the name and address of the appellant,

(b)

the name and address of the representative, if any, of the appellant,

(c)

an email address or a postal address in the United Kingdom where documents for the appellant may be sent or delivered, and

(d)

the name and address of the respondent to the proceedings.

(4)

The notice of application for permission to appeal must contain—

(a)

a concise statement of the facts,

(b)

details of the decision to which the proceedings relate, including a copy of that decision,

(c)

a summary of the grounds for appeal,

(d)

a statement as to whether, if permission to appeal is given, the appellant wishes to have an oral hearing, and

(e)

a statement of truth in accordance with regulation 15.

(5)

When the application is being made on behalf of the appellant by a representative other than a legal representative, the application must be accompanied by a duly authenticated document from the appellant confirming that the representative is authorised to make the application on behalf of the appellant.

(6)

The secretary must—

(a)

serve the notice of application for permission to appeal, together with all accompanying documents, on each respondent as soon as practicable, and in any event not later than seven days after the date on which the notice was received by the secretary;

(b)

publish the notice of application for permission to appeal and the date on which it was received on the panel website, unless paragraph (7) applies.

(7)

This paragraph applies if publishing the notice would, in the opinion of the secretary—

(a)

breach any international obligations of the United Kingdom,

(b)

involve the disclosure of sensitive information, or information which is commercially sensitive, or

(c)

breach data protection legislation, and for these purposes, “data protection legislation” has the meaning given in section 3(9) of the Data Protection Act 2018^f1.

Annotations

Footnotes

f1: 2018 c. 12. Section 3(9) has been amended by S.I. 2019/419.