Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997

Part II Making an Appeal

Time for and manner of making an appeal

3.—(1) An appeal to the tribunal must be made by sending a notice of appeal to the Registrar so that it is received not later than the end of the period of twenty eight days beginning with the date on which the disputed action is taken.

(2) The Registrar may extend the time limit imposed by paragraph (1), whether or not it has already expired, but must not do so unless he is satisfied—

(a) that the circumstances are such that it would not be reasonable to expect the appellant to comply (or, as the case may be, to have complied) with the time limit; and

(b) that not to extend the limit would result in substantial injustice.

(3) Where the appellant considers it likely that a notice of appeal will be received outside the time limit, he may include with the notice of appeal a statement of the reasons on which he relies to justify the delay, and the Registrar must consider any such statement in deciding whether or not to extend the time limit.

Notice of appeal

4.—(1) The notice of appeal must state the name and address of the appellant and must contain sufficient information to identify the disputed action.

(2) The notice of appeal must set out the grounds of appeal in sufficient detail to indicate—

(a) to what extent (if any) the appellant contends that the disputed action was based on an error of fact;

(b) to what extent (if any) he contends that the disputed action was wrong in law; and

(c) to what extent (if any) he is appealing against the Authority’s exercise of its discretion in relation to the action.

(3) The appellant or his representative must sign the notice of appeal.

(4) The Registrar must make available on request a form which may be used for making an appeal, but a notice of appeal need not be made using such a form.

Additional material

5.—(1) The appellant must send the material required by paragraphs (2) and (3) (the “additional material”) to the Registrar either—

(a) with his notice of appeal; or

(b) so that it is received not later than the end of the period of twenty eight days beginning with the date on which he sent the notice of appeal to the Registrar.

(2) The appellant must send to the Registrar—

(a) a copy of any document he has received from the Authority notifying him of the disputed action;

(b) a copy of any notice he has received from the Authority, either before or after the Authority took the disputed action, explaining its reasons for considering or taking the action; and

(c) two copies of every other document on which the appellant relies for the purposes of the appeal.

(3) The appellant must send to the Registrar a document stating—

(a) the name and address and the profession of the person (if any) representing the appellant, and whether the tribunal should send documents concerning the appeal to the representative instead of to the appellant;

(b) whether the appellant requests that the appeal should be decided at an oral hearing; and

(c) if in the opinion of the appellant any other person has direct interest in the subject matter of the appeal, the name and address of such other person.

(4) Where the Registrar is satisfied that it would not be reasonable to expect the appellant to send any document, or documents of any description, within the time limit mentioned in paragraph (1), he may extend the time limit in relation to that document or documents of that description.

Appointment of tribunal

6.—(1) There shall be a panel of chairmen.

(2) Appointments shall be made to the panel of chairmen, by the Lord Chancellor from persons being a barrister or solicitor of at least seven years standing.

(3) A person appointed to the panel of chairmen—

(a) must be appointed (or reappointed) for a period not exceeding five years; but

(b) may be removed from office by the Lord Chancellor on the grounds of incapacity or misbehaviour,

and subject to that, shall hold and vacate office in accordance with the terms of his appointment.

(4) On receiving a notice of appeal under rule 3, the Registrar must without delay request the responsible Department to assign a Chairman of the tribunal and appoint two other members of the tribunal to decide the appeal.

(5) The responsible Department must assign the Chairman within fourteen days and the other members of the tribunal within twenty eight days of receiving the request under paragraph (4).

(6) The Chairman must be assigned from the panel of chairmen.

(7) Of the other members of the tribunal—

(a) one must be a person whom the responsible Department considers by reason, of experience or otherwise, to have special knowledge of matters likely to be considered by the tribunal; and

(b) the other must be a person whom the responsible Department considers representative of the interests of persons in relation to whom the Authority has the power to take the enforcement action in question.

(8) The responsible Department may determine the fees and expenses to be paid to the Chairman and members of the tribunal, and any other expenses of the tribunal which are to be defrayed.

Amendment of grounds of appeal

7.—(1) The appellant may at any time before the date by which he must send the additional material under rule 5—

(a) amend the grounds of appeal identified in the notice of appeal; or

(b) withdraw or amend any of the additional material mentioned in rule 5(2)(c) and (3).

(2) After that date, the appellant may amend the notice of appeal or withdraw or amend any of the additional material mentioned in rule 5(2)(c) and (3), or supply any further additional material, only with the leave of the Chairman.

(3) The Chairman must not grant leave under paragraph (2) unless he is satisfied—

(a) that the circumstances are such that it would not be reasonable to expect the appellant to have made the amendment or withdrawal or supplied the material within the time allowed under paragraph (1); and

(b) that the amendment or withdrawal (if made), or the material (if supplied), is capable of significantly affecting the outcome of the appeal.

(4) Where the Chairman grants leave under paragraph (2), he may do so on such terms as he thinks fit.

(5) The appellant must send two copies of every amendment or every item of additional material to the tribunal.

(6) On receiving the copies required under paragraph (5), the Registrar must without delay—

(a) send one of the copies to the Authority; and

(b) where the copy is sent after the Authority has sent its reply to the tribunal, invite the Authority to send a revised reply to the tribunal so that it is received before the end of the period of seven days beginning with the date of the invitation.

(7) The tribunal must not decide the appeal before the end of any period allowed under paragraph (6)(b).

Withdrawal of appeal

8.—(1) The appellant may withdraw his appeal at any time before the date by which he must send the additional material under rule 5.

(2) After that date the appellant may withdraw his appeal only with the leave of the Chairman.

(3) Where an appeal is withdrawn, any interim order made or direction given under rule 15 shall immediately cease to have effect.

(4) Where an appeal is withdrawn, a fresh appeal may not be brought in relation to the disputed action.