Paragraph 209 I1

In regulation 5 (late appeals)—

(a)

in paragraph (1)—

(i)

for “The time within which an appeal must be brought may be extended” substitute “The Board may treat a late appeal as made in time”; and

(ii)

for “(2)” substitute “(4)”;

(b)

omit paragraphs (2) and (3);

(c)

for paragraph (4) substitute—

“(4)
An appeal may be treated as made in time if the Board is satisfied that it is in the interests of justice.”;

(d)

in paragraph (5)—

(i)

for “grant the application unless the panel member is, or the Board are, as the case may be,” substitute “treat the appeal as made in time unless the Board are”; and

(ii)

in sub-paragraphs (a) and (b) omit “to the application”;

(e)

in paragraph (6) for “applicant” substitute “appellant”;

(f)

in paragraph (7)—

(i)

for “grant an application” substitute “treat the appeal as made in time”; and

(ii)

for the words “making of the application” to the end substitute “submission of the notice of appeal, the more compelling should be the special circumstances.”;

(g)

in paragraph (8)—

(i)

for “grant an application” substitute “treat the appeal as made in time”; and

(ii)

in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”; and

(h)

omit paragraphs (9) to (11).

Annotations

Commencement

I1: Sch. 1 para. 209 in force at 3.11.2008, see art. 1