Article 10 Late notice of appeal
Where a notice of appeal is given outside the applicable time limit in rule 7, the appellant must—
state in the notice of appeal his reasons for failing to give the notice within that period; and
attach to the notice of appeal any written evidence upon which he relies in support of those reasons.
Where the respondent receives a notice of appeal outside the applicable time limit, he may treat the notice as if it had been given in time, if satisfied that by reason of special circumstances it would be unjust not to do so.
Where the respondent receives a notice of appeal which he contends has been given outside the applicable time limit, and does not treat the notice as if it had been given in time, he must—
file with the appellate authority—
the notice of appeal;
a copy of the notice of the decision against which the appellant is appealing and any document served on the appellant giving reasons for that decision; and
a copy of the notice which he serves on the appellant under sub-paragraph (b); and
at the same time, serve on the appellant a notice stating that—
he is treating the notice of appeal as being given out of time; and
he is sending the notice of appeal to the appellate authority for an adjudicator to decide whether to extend the time for appealing.
If the appellant contends that the notice of appeal was given in time he may file with the appellate authority written evidence in support of that contention.
Written evidence under paragraph (4) must be filed—
if the appellant is in the United Kingdom, not later than 3 days; or
if the appellant is outside the United Kingdom, not later than 10 days,
after the appellant is served with a notice under paragraph (3)(b).
If the appellant files evidence under paragraph (4), an adjudicator must decide whether the notice of appeal was given in time.
Where the notice of appeal was given out of time, the adjudicator may extend the time for appealing if satisfied that by reason of special circumstances it would be unjust not to do so.
The adjudicator must decide the issues in paragraphs (6) and (7)—
without a hearing; and
on the basis of the documents filed by the respondent and any written evidence filed by the appellant.
The appellate authority must serve notice of the adjudicator’s decision on the parties.
If the adjudicator decides that the notice of appeal was given in time, or he extends the time for appealing, rule 9 shall apply.