The Information Tribunal (National Security Appeals) Rules 2005

Summary disposal of appeals

12.—(1) Where, having considered–

(a) the notice of appeal,

(b) the relevant Minister’s notice in reply, and

(c) in the case of an appeal under section 28(6) of the 1998 Act, the respondent data controller’s reply,

the Tribunal is of the opinion that the appeal is of such a nature that it can properly be determined by dismissing it forthwith, it may, subject to the provisions of this rule, so determine the appeal.

(2) Where the Tribunal proposes to determine an appeal under paragraph (1) above, it must first notify the appellant and the relevant Minister of the proposal.

(3) A notification to the appellant under paragraph (2) above must contain particulars of the appellant’s entitlements set out in paragraph (4) below.

(4) An appellant notified in accordance with paragraph (2) above is entitled, within such time as the Tribunal may reasonably allow–

(a) to make written representations, and

(b) to request the Tribunal to hear oral representations

against the proposal to determine the appeal under paragraph (1) above.

(5) Where an appellant requests a hearing under paragraph (4)(b) above, the Tribunal shall, as soon as practicable and with due regard to the convenience of the appellant, appoint a time and place for a hearing accordingly.

(6) The proper officer shall send to the appellant a notice informing him of–

(a) the time and place of any hearing under paragraph (5) above which, unless the appellant otherwise agrees, shall not be earlier than 14 days after the date on which the notice is sent, and

(b) the effect of rule 23 below .

(7) The Tribunal must, as soon as practicable, notify the appellant and the relevant Minister if, having given a notification under paragraph (2) above, it ceases to propose to determine the appeal under paragraph (1) above.