Regulation 21 Notices of appeals

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

reg. 21 heading substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(a)
reg. 21(1) words omitted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(b)(i)
reg. 21(1)(a) words inserted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(b)(ii)
reg. 21(1)(b) words inserted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(b)(iii)
reg. 21(2)(3) omitted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(c)
reg. 21(4) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(d)(i)
reg. 21(4) word substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(d)(ii)
reg. 21(6)(7) omitted by Transfer of Tribunal Functions 2010 Sch. 3 para. 164(e)

(1)

Where a standards committee makes a finding under regulation 19(1)(b) or (c), the member who is the subject of that finding may, by way of notice in writing given to the president of the Adjudication Panel—

(a)

seek permission to appeal; and, if appropriate,

(b)

apply for the suspension of any sanction imposed under regulation 19(3)(b) to (k) until such time as any appeal is determined.

(2)

The notice specified in paragraph (1) must be received by the president of the Adjudication Panel within 21 days of the member’s receipt of the notice under regulation 20(1)(a) and must specify—

(a)

the finding against which the member seeks permission to appeal;

(b)

in the case of a finding under regulation 19(1)(c) whether the appeal is against the finding that the member has failed to comply with a code of conduct, or if it is against the sanction which has been imposed, or both;

(c)

the grounds of the appeal;

(d)

whether any application for suspension of any sanction is made; and

(e)

whether or not the member consents to the appeal being conducted by way of written representations.

(3)

An application for permission to appeal or to suspend a sanction, shall be decided by the president of the Adjudication Panel or, in the absence of the president, by the deputy president, on consideration of the application and, unless the president or the deputy president (as the case may be) considers that special circumstances render a hearing desirable, in the absence of the parties.

(4)

In deciding whether to give permission to appeal, the president, or deputy president (as the case may be), shall have regard to whether, in their opinion, there is a reasonable prospect of the appeal being successful (either in whole or in part).

(5)

Permission to appeal or to suspend a sanction may be given in relation to the whole or any specified part of the finding or sanction.

(6)

The president, or the deputy president (as the case may be), shall, within 21 days of receipt of a notice given in accordance with paragraphs (1) and (2), send notice of their decision to—

(a)

the member who gave the notice under paragraph (1);

(b)

the Standards Board;

(c)

the standards committee of any authority concerned;

(d)

any parish councils concerned; and

(e)

any person who made an allegation that gave rise to the investigation.

(7)

If permission to appeal or for suspension of a sanction is refused, whether as to the whole or in part, the notice given under paragraph (6) shall give the reasons for the decision.