Article 40 Failure to comply with directionsI1

United Kingdom

(1)

Where a party or the special advocate fails to comply with a direction, the Commission may serve on him a notice which states—

(a)

the respect in which he has failed to comply with the direction;

(b)

a time limit for complying with the direction; and

F1(c)

that the Commission may—

(i)

proceed to determine the appeal F2, application for review or application by the Secretary of State under Schedule 4A to the 1981 Act on the material available to it if the party or special advocate fails to comply with the direction within the time specified; or

(ii)

F3in the case of a notice of appeal, notice of application for review or the Secretary of State’s reply, strike out that appeal, application for review or reply, as the case may be.

(2)

Where a party or special advocate F4who has been served with such a notice fails to comply with a direction, the Commission may proceed in accordance with paragraph (1)(c).

F5(3)

Where the Commission has struck out a notice of appeal, notice of application for review or the Secretary of State’s reply under paragraph (1)(c)(ii), it may subsequently reinstate the notice or reply if it is satisfied that circumstances outside the control of the appellant or the Secretary of State (as the case may be) made it impracticable for the appellant or the Secretary of State to comply with the direction.

Annotations

Textual amendments

F1: Rule 40(1)(c) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 26(a) (with rule 35)
F2: Words in rule 40(1)(c)(i) substituted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 12(2)(a); S.I. 2023/450, reg. 2(a)
F3: Rule 40(1)(c)(ii) substituted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 12(2)(b); S.I. 2023/450, reg. 2(a)
F4: Words in rule 40(2) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 26(b) (with rule 35)
F5: Rule 40(3) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 29(c)

Commencement

I1: Rule 40 in force at 1.4.2003, see rule 1