OpenLegislation

Regulation 6 Withdrawal of applications, appeals and referencesI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who has made an application to the chairman of the tribunal for leave to appeal to a Commissioner against a decision of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal may withdraw his application at any time before it is determined by giving written notice of intention to withdraw to the chairman.

(2)

Any appeal to an adjudicating authority made under the Administration Act or these Regulations may be withdrawn by the person who made the appeal—

(a)

before the hearing begins by giving written notice of intention to withdraw to the adjudicating authority to whom the appeal was made and with the consent in writing of—

(i)

in a case which originated in a decision of an adjudication officer, an adjudication officer; or

(ii)

in any other case, the Secretary of State,

and, in any case, of any other party to the proceedings; or

(b)

after the hearing has begun, with the leave of the adjudicating authority or, in the case of a tribunal or board, its chairman, at any time before the determination is made.

(3)

A reference by an adjudication officer to an appeal tribunal under section 21(2) of the Administration Act or to a medical board under regulation 45(3) or to a medical appeal tribunal under section 46(3) of the Administration Act may be withdrawn by him at any time before the reference is determined by giving written notice of intention to withdraw to the adjudicating authority to whom the reference was made, but in the case of a reference under section 46(3) of the Administration Act made at the instance of the Secretary of State only with his consent.

(4)

An application under regulation 13 for a decision of the Secretary of State on any question may, with his leave, be withdrawn at any time before the decision is given.

Annotations

Commencement

I1

Reg. 6 in force at 10.8.1995, see reg. 1(1)