Late appeals
5.—(1) The time within which an appeal must be brought may be extended where the conditions specified in paragraphs (2) to (8) 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 section 39(1) of the 2002 Act.
(2) An application for an extension of time under this regulation shall be made in accordance with regulation 6 and shall be determined by a legally qualified panel member, except that where the Board consider that the conditions in paragraphs (4)(b) to (8) are satisfied, the Board may grant the application.
(3) An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).
(4) An application for an extension of time shall not be granted unless—
(a)the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or
(b)the panel member is, or the Board are, satisfied that 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 panel member is, or the Board are, as the case may be, satisfied that—
(a)the special circumstances specified in paragraph (6) are relevant to the application; or
(b)some other 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 appeal to be made within the time limit specified in section 39(1) of the 2002 Act.
(6) For the purposes of paragraph (5)(a), the special circumstances are that—
(a)the applicant or a partner or dependant of the applicant has died or suffered serious illness;
(b)the applicant is not resident in the United Kingdom; or
(c)normal postal services were disrupted.
(7) In determining whether it is in the interests of justice to grant the application, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the appeal is to be brought under section 39(1) of the 2002 Act 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.
(8) 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 limit imposed by section 39(1) of the 2002 Act); or
(b)that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
(9) An application under this regulation for an extension of time which has been refused may not be renewed.
(10) The 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.
(11) 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.