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PART 5 E+WENFORCEMENT OF STANDARDS

CHAPTER 7E+WADDING A PARTY TO PROCEEDINGS

106Right to apply to be added as a party to proceedingsE+W

(1)This section applies if—

(a)an appeal is made to the Tribunal under section 95(2) or section 99, and

(b)the appeal is made in relation to a determination made after an investigation that follows a complaint made under section 93.

(2)In the case of an appeal made under section 95(2)—

(a)the Tribunal must notify the person who made the complaint (P) that the appeal has been made, and

(b)P may apply to the Tribunal to be added as a party to the proceedings.

(3)In such a case, if P is added as a party to the proceedings—

(a)the Tribunal must notify P of its decision on the appeal, and

(b)P may, with the permission of the Tribunal or High Court, appeal to the High Court under section 97 on a question of law arising out of that decision.

(4)In the case of an appeal made under section 99—

(a)the Tribunal must notify D that the appeal has been made, and

(b)D may apply to the Tribunal to be added as a party to the proceedings.

(5)If D is added as a party to proceedings—

(a)the Tribunal must notify D of its decision on the appeal, and

(b)D may, with the permission of the Tribunal or High Court, appeal to the High Court under section 101 on a question of law arising out of that decision.

(6)This section is subject to Tribunal Rules (which may, among other things, make provision about the manner in which and the time within which an application under this section to be added as a party to proceedings may be made).

(7)This section does not prevent Tribunal Rules from making provision about other persons who may be added as a party to proceedings.

Commencement Information

I1S. 106 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)