OpenLegislation

Regulation 14 Amendment of regulation 3 of the Appeal Regulations

(1)

Regulation 3 of the Appeal Regulations (making an appeal or application and time limits) shall be amended in accordance with the following provisions of this regulation.

(2)

For paragraph (1A) M1 there shall be substituted the following paragraph—

“(1A)

An appeal or application of a kind mentioned in paragraph (1) shall be by notice in writing, and, in the case of an appeal, shall be on a form approved by the Secretary of State and shall be signed by the person making it, or by his representative where it appears to a chairman that he was unable to sign it personally, or by a barrister, advocate or solicitor on his behalf.”.

(3)

For paragraph (9) there shall be substituted the following paragraphs—

“(9)

A notice of appeal shall contain particulars of the date of the notification of the decision against which the appeal is made, the subject matter of the decision and a summary of the arguments relied on by the person making the appeal to support his contention that the decision was wrong.

(9A)

Where the notice referred to in paragraph (9) is not made on the form approved for the time being, but is made in writing and contains all the particulars required by paragraph (9), a chairman may treat that appeal as duly made”.

(4)

In paragraph (10) the words “appeal or" shall be omitted.

(5)

For paragraph (11) there shall be substituted the following paragraphs—

“(11)

Where it appears to a chairman or the clerk to the tribunal that the notice of appeal does not contain the particulars required under paragraph (9), or that the notice of application does not contain the particulars required under paragraph (10), he may direct the person making the appeal or application to furnish those further particulars.

(11A)

Where further particulars are required under paragraph (11), in the case of an appeal they shall be sent or delivered to the clerk to the tribunal at the Central Office within such period as a chairman or the clerk to the tribunal may direct.

(11B)

The date of an appeal or application shall be the date on which all the particulars required under paragraph (9) are received in the Central Office.”.

Annotations

Marginal citations

M1

Paragraph (1A) was inserted by regulation 3 of S.I. 1995/1045.