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The Road Traffic (Health Services Charges) (Appeals) Regulations (Northern Ireland) 2001

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Late appeals

6.—(1) The time within which an appeal must be brought may be extended where the conditions specified in paragraphs (2) to (7) are satisfied, but no appeal shall in any event be brought more than one year after the expiration of the last day for appealing under regulation 5.

(2) An application for an extension of time under this regulation shall be made in accordance with regulation 7 and shall be determined by a legally qualified panel member.

(3) An application under this regulation shall contain particulars of the grounds on which the extension of time is sought.

(4) An application for an extension of time shall not be granted unless the legally qualified panel member is satisfied that—

(a)if the application is granted there are reasonable prospects that the appeal will be successful; and

(b)it is in the interests of justice for the application to be granted.

(5) For the purposes of paragraph (4), it is not in the interests of justice to grant an application unless the legally qualified panel member is satisfied that special circumstances exist which are wholly exceptional and relevant to the application and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 5.

(6) In determining whether it is in the interests of justice to grant an application, the legally qualified panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the appeal is to be brought under regulation 5 and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(7) In determining whether it is in the interests of justice to grant an application, no account shall be taken of the following—

(a)that the applicant or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b)that a court has taken a different view of the law from that previously understood and applied.

(8) An application under this regulation for an extension of time which has been refused may not be renewed.

(9) The legally qualified panel member who determines an application under this regulation shall record a summary of his decision in such written form as has been approved by the President.

(10) As soon as practicable after the decision is made a copy of the decision shall be sent or given to every party to the proceedings.

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