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Space Industry Act 2018

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This is the original version (as it was originally enacted).

Part 4Procedure

Representations in relation to an application for permission to appeal

12(1)This paragraph applies where the relevant person wishes to make representations to a panel in relation to an application under paragraph 5 for permission to appeal against a decision.

(2)The relevant person must make representations in writing within the prescribed period.

(3)The period prescribed for the purposes of sub-paragraph (2) must be one that ends after the end of the period prescribed for the purposes of paragraph 5(3).

(4)The relevant person must send a copy of the representations to the person who made the application for permission to appeal.

(5)In this paragraph “the relevant person” means the person who made the decision which is the subject of the appeal.

Intervention in an appeal

13(1)Where an application is made under paragraph 5 for permission to appeal to a panel against a decision, a person may make an application for permission to intervene in the appeal to the panel.

(2)An application for permission to intervene may be made before the end of the prescribed period.

(3)An application for permission to intervene may be made after the end of that period only with the leave of the panel.

(4)The applicant must send a copy of the application—

(a)to the appellant, and

(b)to the person who made the decision which is the subject of the appeal.

Determination of application for permission to intervene

14(1)A panel may grant permission to intervene in an appeal only if it is satisfied—

(a)that the applicant has a sufficient interest in the decision which is the subject of the appeal, and

(b)that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.

Procedure regulations

15(1)Regulations may make provision regulating the conduct and disposal of appeals.

(2)Regulations may make provision supplementing the provisions of this Schedule in relation to any application or requirement for which this Schedule provides.

(3)Regulations may in particular make provision—

(a)about the manner in which a panel makes its decisions;

(b)about the form of an application for permission to appeal under this Schedule and the information to be provided with an application;

(c)about the conditions subject to which permission to appeal may be granted;

(d)requiring information to be verified by a statement of truth;

(e)about the time limits for taking any step in an appeal before a panel;

(f)about intervention in an appeal;

(g)about the matters to be taken into account (or disregarded) by a panel when considering an appeal;

(h)about the production of documents or information to a panel;

(i)about the holding of oral hearings;

(j)for dealing with matters without a hearing;

(k)about evidence (including the taking of evidence on oath and the administration of oaths);

(l)about the circumstances in which an appeal may be dismissed by a panel;

(m)about withdrawal—

(i)of an application for permission to appeal under this Schedule or, after permission has been granted, of an appeal,

(ii)of an application for permission to intervene or, after permission has been granted, of an intervention, or

(iii)of any other application in connection with an appeal;

(n)about the consequences of non-payment of a fee.

(4)Regulations under this paragraph—

(a)may make provision to enable a panel to require the reimbursement of any fee required to be paid by a party to an application or appeal under this Schedule by another party to that application or appeal, but

(b)may not confer on a panel any other power (whether by order or otherwise) to require a party to an application or appeal under this Schedule to make payments to another party to the application or appeal in respect of costs.

(5)Sub-paragraphs (2), (3) and (4)(a) do not limit sub-paragraph (1).

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