Article 10 Notice of Appeal
An appeal under article 3 shall be made by the appellant giving the Registrar written notice of appeal, in the form set out in the Schedule to this Order or a form to the like effect.
The notice of appeal shall be given within the period of 21 days beginning with the day on which the appellant was notified in writing of the relevant decision and in this and paragraph (5) the expression “relevant decision” means the decision as to finding or punishment or both, as the case may be, in relation to the disciplinary charge which was preferred against the appellant, except that where there is a right of appeal from such decision to some other person it means the decision of that other person.
Where an application is made by the appellant to extend the period for giving notice of appeal the Registrar shall request the Secretary of State to appoint a person who satisfies the requirements of article 6(1)(a), who shall determine whether it is just and right to extend the period for giving notice of appeal and shall notify the appellant of his decision which shall be final.
If the appellant does not annex to the notice of appeal all the written statements in paragraphs 5, 6 and 7 thereof (hereinafter referred to as “the supporting statements”), he shall supply the Registrar with the statements not annexed to the notice of appeal within the period of 50 days beginning with the day on which he was notified in writing of the relevant decision; and, if he fails to do so, the Registrar shall be entitled to treat the notice of appeal as withdrawn and no further action in connection with the appeal shall be taken.
Where the period for giving notice of appeal is extended the period for serving the supporting statements in accordance with paragraph (4) shall be calculated as if the decision under paragraph (3) was the “relevant decision”.
The appellant shall send a copy of the notice of appeal and of the supporting statements to the respondent at the same time as they are sent to the Registrar.
Where the Registrar is satisfied, on the application of the appellant, that by reason of the special circumstances of the case it is just and right to do so, he may extend the period mentioned in paragraph (4) and, in such case, paragraph (4) shall have effect as if for the period in question there were substitued such extended period as he may specify.
Following receipt of the notice of appeal and supporting statements, the Registrar shall—
enter particulars of the appeal in the NCIS Appeals Tribunal Register;
when he has been notified of the names and addresses of the members of the tribunal, provide each member with a copy of the notice of appeal and the supporting statements.