Energy Act 2004

Addition of parties to appeal

2 (1) This paragraph applies if—

(a) before the end of twenty working days following the day of the making of an application for permission to bring an appeal, or

(b) within such longer period as an authorised member of the Commission may allow,

a person falling within sub-paragraph (2) gives notice to the Commission asking to become a party to the appeal.

(2) A person falls within this sub-paragraph if he—

(a) is not the applicant for permission; but

(b) is a person who would have been entitled, at the time of the application, to make his own application to the Commission for permission to bring an appeal against the decision in question.

(3) A person who gives a notice asking to become a party to an appeal must send GEMA—

(a) a copy of the notice; and

(b) such other information as may be required by appeal rules.

(4) That person must also send a copy of the notice and of that information to—

(a) such persons (apart from GEMA) as appear to him to be affected by the decision appealed against; and

(b) such other persons as GEMA may require him to keep informed about his appeal.

(5) An authorised member of the Commission may, on behalf of the Commission, give a direction that a person who has asked in accordance with this paragraph to become a party to an appeal is to be a party to that appeal.

(6) A member of the Commission is not to give a direction under this paragraph if he considers that it would prevent the determination of the appeal within the period allowed by paragraph 6 to do so.

(7) Where a direction is given under this paragraph—

(a) the application for permission, and

(b) if permission is or has been granted, the appeal brought by the applicant and any other appeals that are considered with it,

are to proceed (subject to any direction under sub-paragraph (8)(b)) as if the intervener had joined with the applicant in making that application and bringing the appeal.

(8) A direction under this paragraph—

(a) does not allow the intervener to rely on grounds of appeal not contained in the appellant’s application for permission to bring an appeal;

(b) may allow the intervener to become a party to the appeal for the purpose of opposing it; and

(c) may be given subject to conditions.

(9) The conditions of a direction under this paragraph may include—

(a) conditions which limit the matters that are to be considered on the appeal in question;

(b) conditions for the purpose of expediting the determination of the appeal.