The Reserve Forces Appeal Tribunals Rules 1997

(A) THE APPELLANT

Notice of appeal

3.—(1) An appeal to the Tribunal shall be made by written notice. The notice of appeal shall state—

(a) the name, address and telephone number (if any) of the appellant;

(b) that the notice is a notice of appeal;

(c) the grounds of the appeal;

(d) whether the appellant intends to be present or represented at the hearing;

(e) the determination which the appellant seeks;

(f) the name and address of the representative (if any) of the appellant, and whether the Secretary should send replies or notices concerning the appeal to the representative instead of the appellant;

(g) the name and address of any witness whom the appellant wishes to give evidence to the Tribunal.

(2) The appellant or his representative shall attach to the notice of appeal a copy of the written notification of the disputed determination.

(3) The notice of appeal shall be further accompanied by—

(a) copies of all documents or records supplied to the Authority in the course of making the application which resulted in the disputed determination;

(b) copies of any other documents or records which the appellant wishes to be drawn to the attention of the Tribunal, and a statement of the reasons why they were not submitted to the Authority during the course of the application which resulted in the disputed determination.

(4) The appellant or his representative shall sign the notice of appeal.

(5) The appellant or his representative shall send or deliver the notice of appeal to the office of the Secretary so that it is received there not later than 5 days after the date on which written notification of the disputed determination was received by the appellant.

Application for extension of time

4.  Notwithstanding rule 3(5) above, where the appellant or his representative considers it likely that, by reason of exceptional circumstances, the notice of appeal will be received at the office of the Secretary later than 5 days after the date on which written notification of the disputed determination was received by him, he may include with the notice of appeal a statement of the reasons on which he relies for justifying the delay, and the Tribunal shall treat any such statement as a request for extending the time limit under rule 30(2)(a) below.

Amendment of appeal and delivery of supplementary statement of grounds of appeal

5.—(1) The appellant or his representative may, at any time before he is notified of the hearing date, deliver a supplementary statement of grounds of appeal.

(2) The appellant may amend any notice of appeal or supplementary statement with the leave of the Tribunal at any time after he or his representative has been notified of the hearing date, either on an application in writing signed by him or his representative, or at a hearing at which he is present or represented. The Tribunal may grant such leave on such terms as it thinks fit, including under rule 28(1) below the payment of costs or, if the tribunal is sitting in Scotland, expenses.

(3) The appellant or his representative shall send a copy of every amendment and supplementary statement to the Secretary.

Withdrawal of appeal

6.  The appellant may withdraw his appeal—

(a) at any time before notice of the hearing date is delivered to him, by sending to the office of the Secretary a notice stating that he withdraws his appeal signed by him or his representative; or

(b) with the leave of the Tribunal at any time after notice of the hearing date has been delivered to him, on an application to the Tribunal in writing signed by him or his representative or at a hearing at which he is present or represented. The Tribunal may grant such leave on such terms as it thinks fit, including under rule 28(1) below the payment of costs or, if the Tribunal is sitting in Scotland, expenses.