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Article 12 Application for permission to make a late appeal

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

(1)

Where the appellant has made an application to the Tribunal for a direction to allow an appeal to be brought after the time limit for doing so has expired, the Tribunal subject to paragraph (2) must consider whether—

(a)

the determination was such as to notify the appellant properly and effectively of the Commission’s decision or action; and

(b)

the existence of the right to make the appeal and the time limit had been notified to the appellant.

(2)

The Tribunal must not allow the late appeal to proceed unless it considers that it is in the interests of justice to do so.