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Article 22 Lapse of casesF1

United Kingdom

(1)

F2If after receiving the notice of appeal the decision maker revises the decision challenged—

(a)

the appeal shall proceed, subject to paragraph (2), as if it had been brought in relation to the revised decision; F3...

(b)

the notice of the revised decision sent by the decision maker to the appellant must include a statement of the action that the appellant must take under paragraph (2) in order to prevent the appeal from lapsing F4; and

(c)

the decision maker must send a copy of the revised decision to the Tribunal.

(2)

The appeal against the revised decision shall lapse if, within 42 days of the date on which the decision maker sends notice of the revised decision to the appellant, the appellant does not provide to the F5Tribunal—

(a)

representations in writing in relation to the revised decision; or

(b)

a statement in writing that the appellant wishes the appeal to proceed but has no additional representations to make in relation to the revised decision.

(F62A)

The Tribunal must send a copy of the appellant’s representations or written statement provided under paragraph (2) (if any) to the decision maker.

F7(3)

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

(F84)

If an appeal lapses under paragraph (2), the Tribunal must give both parties notice that it has done so.

Annotations

Textual amendments

F1

Rule 22 substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 7(4)

F2

Words in rule 22(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(i) (with rule 7)

F3

Word in rule 22(1)(a) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(ii) (with rule 7)

F4

Rule 22(1)(c) and word inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(iii) (with rule 7)

F5

Word in rule 22(2) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(b) (with rule 7) (as amended (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 6(2))

F6

Rule 22(2A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(c) (with rule 7)

F7

Rule 22(3) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(d) (with rule 7)

F8

Rule 22(4) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(e) (with rule 7)