OpenLegislation

Article 15 Review of appealI1

England and Wales

(1)

Upon receipt of the documents mentioned in rule 13(5) and (9), the chair must determine whether the appeal, or one or more grounds of appeal, must be dismissed under paragraph (2).

(2)

An appeal, or a ground of appeal, must be dismissed under this paragraph if the chair considers that the appeal, or ground of appeal, has no real prospect of success, unless the chair considers there is some compelling reason why the appeal, or, as the case may be, ground of appeal, should proceed.

(3)

If the chair proposes to dismiss the appeal, or ground of appeal, under paragraph (2), the chair must give the appellant and the respondent notice in writing of the chair's view together with the reasons for that view before making a determination.

(4)

The appellant and the respondent may make written representations in response to the chair before the end of 10 working days beginning with the first working day after the day of receipt of that notification; and the chair must consider any such representations before making a determination.

(5)

The chair must give the appellant, the respondent and the relevant person notice in writing of the determination.

(6)

Where the chair determines that the appeal, or ground of appeal, must be dismissed under paragraph (2)—

(a)

the notification under paragraph (5) must include the reasons for the determination, and

(b)

the appeal, or, as the case may be, ground of appeal, must be dismissed.

Annotations

Commencement

I1

Rule 15 in force at 1.2.2020, see rule 1