Article 9 Appeals under regulation 15 of the 1997 RegulationsI1

Northern Ireland

(1)

Where, on 31st March 2004, a Board has decided not to approve an applicant for a vacancy under regulation 9 of the 1997 Regulations, it shall so notify him within seven days of the date on which it made its decision and any right of appeal which the applicant would have had under regulation 15 of the 1997 Regulations shall continue as if those regulations had not been revoked.

(2)

Where –

(a)

an applicant for a vacancy under regulation 10 of the 1997 Regulations –

(i)

has been notified on or before 31st March 2004 that the Board has not approved his application for the vacancy, or

(ii)

is so notified under paragraph (1); and

(b)

he has (or, under paragraph (1), is deemed to have) a right of appeal under regulation 15 of the 1997 Regulations and the time for appealing has not yet expired,

the time for appealing shall continue as if those regulations had not been revoked.

(3)

Where an unsuccessful applicant for a vacancy under regulation 9 of the 1997 Regulations –

(a)

has, on or before 31st March 2004, given notice of appeal to the Department under regulation 15 of the 1997 Regulations but that appeal has not yet been determined; or

(b)

has given notice of such an appeal after 31st March 2004 pursuant to paragraph (2),

that appeal shall continue to be dealt with as if regulation 15 of the 1997 Regulations had not been revoked.

Annotations

Commencement

I1: Art. 9 in operation at 29.3.2004, see art. 1(1)