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The Information Tribunal (Enforcement Appeals) Rules 2005

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Acknowledgement of notice of appeal and notification to the Commissioner

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6.—(1) Upon receipt of a notice of appeal, the proper officer shall send—

(a)an acknowledgement of the service of a notice of appeal to the appellant, or to his representative if one has been appointed; and

(b)subject to paragraph (3) below, a copy of the notice of appeal to the Commissioner and to any other party to the proceedings.

(2) An acknowledgement of service under paragraph (1)(a) above shall be accompanied by a statement of the Tribunal’s powers to award costs against an appellant under rule 29 below.

(3) Paragraph (1)(b) above does not apply to a notice of appeal under section 48(3) of the 1998 Act, but in such a case—

(a)the proper officer shall send a copy of the notice of appeal to the Commissioner if the Tribunal is of the opinion that the interests of justice require the Commissioner to assist it by giving evidence or being heard on any matter relating to the appeal, and

(b)where a copy is sent to the Commissioner under subparagraph (a) above, the jurisdiction referred to in paragraph 6(2) of Schedule 6 to the 1998 Act shall not be exercised ex parte.

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