OpenLegislation

Paragraph 10

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

(1)

Subject to paragraph 7(3) and sub–paragraphs (2) to (5) below, the expenses of each party to the appeal shall be borne by that party.

(2)

Where the board—

(a)

determines an appeal in favour of the authority, and

(b)

states that, in its opinion, the appeal was frivolous, vexatious or manifestly ill-founded,

the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.

(3)

Where—

(a)

the appellant gives notice to the board withdrawing the appeal, and

(b)

the notice is given less than 22 working days before the date appointed for an interview or medical examination under paragraph 6(2),

the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.

(4)

Where the board—

(a)

determines an appeal in favour of the appellant, and

(b)

does not otherwise direct,

the authority shall refund to the appellant the amount specified in sub–paragraph (5).

(5)

The amount is the total of—

(a)

any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 6, and

(b)

if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.

(6)

For the purposes of sub–paragraphs (2) and (4) any question arising as to whether the board’s determination is in favour of the authority or of the appellant shall be decided by the board or, in default, by the Secretary of State.