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Paragraph 4

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

(1)

As soon as reasonably practicable after referring an appeal to the board, the Secretary of State shall supply the board’s administrator with three copies of every document supplied under paragraph 2(1).

(2)

The board shall arrange for one of their number to review those documents (“the reviewing member”).

(3)

As soon as reasonably practicable after concluding the review, the reviewing member shall give written notice to the Secretary of State—

(a)

of any other information which the reviewing member considers would be desirable for the purpose of enabling the board to determine the appeal, and

(b)

if it be the case, that it is his opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill–founded.

(4)

On receipt of the reviewing member’s notice the Secretary of State shall—

(a)

where the reviewing member has notified the Secretary of State of the desirability of obtaining other information, require the authority to use their best endeavours to obtain that information, and

(b)

where the notice contains an opinion of the description mentioned in sub–paragraph (3)(b), send a copy of it to the authority.

(5)

An authority which receives a copy of a reviewing member’s opinion shall, as soon as reasonably practicable—

(a)

send a copy of it to the appellant, and

(b)

by written notice to the appellant—

(i)

advise him that, if his appeal is unsuccessful, he may be required to pay the authority’s costs, and

(ii)

require him to notify them, within 14 days of the date of their notice, whether he intends to pursue or withdraw the appeal.

(6)

An authority which notifies an appellant under sub–paragraph (5)(b) shall inform the Secretary of State of the appellant’s response to their request under paragraph (b)(ii); and the Secretary of State shall notify the board accordingly.