OpenLegislation

Article 19 Withdrawal of appeal and unopposed appeals

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

(1)

The appellant may withdraw the appeal—

(a)

at any time before the hearing of the appeal, without permission, by filing a notice in writing to that effect; or

(b)

at the hearing of the appeal, with the Tribunal’s permission,

and the Tribunal must dismiss any appeal that is so withdrawn.

(2)

The Commission may state that it does not oppose the appeal or that it is withdrawing its opposition to it—

(a)

at any time before the hearing of the appeal, without permission, by filing a notice to that effect; or

(b)

at the hearing of the appeal, with the Tribunal’s permission,

and the Tribunal must allow the appeal.

(3)

In any case where—

(a)

the Commission does not file a statement of case within the time limit imposed by rule 5(1) (or any such time limit as varied by a direction under rule 11(e)); or

(b)

the appellant does not file a reply within any time limit imposed by rule 6(1) (or any such time limit as varied by a direction under rule 11(e)),

the Tribunal may (subject to its power to give a direction pursuant to rule 15(7)) determine the appeal without an oral hearing in accordance with rule 21, but it must not dismiss an appeal without notifying the appellant that it is minded to do so and giving him an opportunity to make representations.