Article 9 Amendment of the 1998 Rules

After rule 9 of the 1998 Rules, there shall be inserted the following rule—

“Additional grounds for appealing

9A

(1)

Where the appellant is treated as appealing on additional grounds by virtue of section 77(2) of the 1999 Act, he shall serve any variation of his grounds of appeal on the Secretary of State no later than 5 days after he received the supplementary grounds of refusal.

(2)

As soon as practicable after this period, the Secretary of State shall send to the Commission—

(a)

the notice of appeal, together with any documents attached to it under rule 9(5),

(b)

any supplementary grounds for refusal, and

(c)

any variation of the grounds of appeal.

(3)

For the purpose of calculating the period specified in paragraph (1), paragraphs (2) to (7) of rule 8 shall apply as if the variation of grounds of appeal were a notice of appeal and the supplementary grounds of refusal were the notice of the decision against which the appeal is made.

(4)

In this rule, “supplementary grounds of refusal” means the reasons given by the Secretary of State for maintaining the decision being appealed against after consideration by him of the additional grounds.”.