Regulation 5 Late appealsI1

F1The Board may treat a late appeal as made in time where the conditions specified in paragraphs F2(4) to (8) are satisfied, but no appeal shall in any event be brought more than one year after the expiration of the last day for appealing under section 39(1) of the 2002 Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An appeal may be treated as made in time if the Board is satisfied that it is in the interests of justice.

For the purposes of paragraph (4) it is not in the interests of justice to F5treat the appeal as made in time unless the Board are satisfied that—

and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in section 39(1) of the 2002 Act.

For the purposes of paragraph (5)(a), the special circumstances are that—

In determining whether it is in the interests of justice to F8treat the appeal as made in time, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the appeal is to be brought under section 39(1) of the 2002 Act and the F9submission of the notice of appeal, the more compelling should be the special circumstances.

In determining whether it is in the interests of justice to F10treat the appeal as made in time, no account shall be taken of the following—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .