10.—(1) Where the relevant Minister or, in the case of an appeal under section 28(6) of the Act, the respondent data controller is of the opinion that an appeal does not lie to, or cannot be entertained by, the Tribunal, or that the notice of appeal discloses no reasonable grounds of appeal, he may include in his notice under rule 7 or, as the case may be, his reply under rule 8 above a notice to that effect stating the grounds for such contention and applying for the appeal to be struck out.
(2) An application under this rule may be heard as a preliminary issue or at the beginning of the hearing of the substantive appeal.