Rule 4 Response to the notice of appealI1
Scotland
Subject to any order given by the Upper Tribunal, a respondent may provide a written response to a notice of appeal.
Any response provided under paragraph (1) must be sent or delivered to the Upper Tribunal so that it is received no later than 30 days after the day on which the Upper Tribunal sent a copy of the notice of appeal to the respondent.
The response must state—
the name and address of the respondent;
the name and address of the representative (if any) of the respondent;
an address where documents for the respondent may be sent or delivered;
whether the respondent opposes the appeal;
the grounds on which the respondent relies, including (in the case of an appeal against the decision of the First-tier Tribunal) any grounds on which the respondent was unsuccessful in the proceedings which are the subject of the appeal, but intends to rely in the appeal; and
whether the respondent consents to the case being heard without a hearing.
If the respondent provides the response to the Upper Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 7(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the response was not provided in time.
When the Upper Tribunal receives the response it must send a copy of the response and any accompanying documents to the appellant and any interested party.
Annotations
Commencement
- I1
Sch. rule 4 in force at 1.12.2016, see reg. 1(2)
Notes on Schedule
Modifications
- C1
Rules excluded (22.11.2018) by The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018 (S.S.I. 2018/274), regs. 1(2), 2
- C2
Rules excluded (1.4.2023) by The Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 2022 (S.S.I. 2022/365), regs. 1(2), 2
- C3
Rules excluded (2.12.2024) by The Upper Tribunal for Scotland (Bus Registration Appeals Rules of Procedure) Regulations 2024 (S.S.I. 2024/249), regs. 1(2), 2