Paragraph 325 I1

(1)

Regulation 7 (extension of time for appealing) is amended as follows.

(2)

For paragraphs (1) to (3) substitute—

“(1)
The Secretary of State may treat an appeal as made in time, even though the time prescribed by Tribunal Procedure Rules has expired, if the Secretary of State is satisfied that it is in the interests of justice.”.

(3)

In paragraph (4)—

(a)

for “(3)” substitute “(1)”;

(b)

for “grant an application unless the person determining the application is satisfied that” substitute “treat the appeal as made in time unless”;

(c)

in sub-paragraph (b)—

(i)

for “, as the case may be, by regulation 4 or 5” substitute “by Tribunal Procedure Rules”; and

(ii)

for “application for extension of time” substitute “notice of appeal is submitted”; and

(d)

in sub-paragraph (c) for “applicant’s” substitute “appellant’s”.

(4)

In paragraph (5)—

(a)

for “for granting an application for an extension of time for making an appeal under paragraph (1) the person determining the application shall have regard” substitute “to treat the appeal as made in time under paragraph (1) regard shall be had”; and

(b)

for “making of the application” to the end substitute “submission of the notice of appeal, the more cogent should be the special reasons.”.

(5)

In paragraph (6)—

(a)

for “for granting an application for an extension of time for making an appeal” substitute “to treat the appeal as made in time”;

(b)

in sub-paragraph (a)—

(i)

for “applicant” substitute “appellant”; and

(ii)

for “regulations 4 or 5” substitute “Tribunal Procedure Rules”; and

(c)

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

(6)

Omit paragraphs (7) and (8).

(7)

For paragraph (9) substitute—

“(9)
An appellant shall be notified of a decision made under this regulation.”.

(8)

Omit paragraphs (10) to (12).

Annotations

Commencement

I1: Sch. 1 para. 325 in force at 3.11.2008, see art. 1