The Financial Assistance Scheme (Appeals) Regulations 2005

Further provisions relating to attendance at oral hearings where appeal relates to scheme notification decision or scheme eligibility decision U.K.

19.—(1) This regulation applies where an appeal relates to a scheme notification decision or a scheme eligibility decision.

(2) An interested person in relation to an appeal who is not a party to the appeal (or who is not treated as such under any provision of these Regulations) must give notice to the Ombudsman if he wishes to—

(a) make oral representations at the oral hearing; or

(b) send written representations for the purpose of the oral hearing.

(3) A notice under paragraph (2) must be sent to the Ombudsman not later than 21 days before the date of the hearing.

(4) A notice under paragraph (2) must be in writing and must—

(a) state the name and address of the person giving the notice;

(b) state why that person considers himself to be an interested person in relation to the appeal and must include evidence in support (where it is available);

(c) state the name and address of any representative acting on the person's behalf and whether that address is the address to be used for the purposes of the appeal;

(d) inform the Ombudsman whether the person intends to call any witnesses to give evidence at the hearing and, if so, the names of those witnesses;

(e) include a written summary of the evidence that the person intends to give at the hearing or which will be given by witnesses on his behalf; and

(f) include any written representations which the person wishes to make at the hearing.

(5) As soon as practicable after receiving notice from a person under paragraph (2), the Ombudsman must send a reply to that person.

(6) The reply must state—

(a) whether the Ombudsman is satisfied that the person who sent the notice is an interested person in relation to the appeal; and

(b) the reasons for that decision.

(7) Before the Ombudsman sends a reply which states that he is not satisfied that the person who gave the notice is an interested person, he may give that person an opportunity to submit more details in support of his claim.

(8) Where the Ombudsman sends a reply which states that he is not satisfied that the person who gave the notice is an interested person, that person shall not take any further part in the appeal.

(9) Where the Ombudsman sends a reply which states that he is satisfied that the person who gave the notice is an interested person—

(a) he must also send to the person a copy of—

(i) the notice of appeal, and

(ii) any written representations and other documents which he has already received in relation to the appeal; and

(b) the interested person is to be treated as a party to the appeal for the purposes of regulations 7(3)(a)(i), 11(1)(a) and (3), [F1 12(2),] 15(2)(a), 16(4)(a), 17(7) and (8)(b), 18(1) to (5), 22(3) and (4), 23(10) and (12)(a), 24(a), 25(5), (7), (8) and (9), 27(1) and (2) and 29(1).

(10) A reply sent by the Ombudsman under this regulation must be in writing, but, subject to that, may be made in such manner as the Ombudsman considers appropriate.

(11) As soon as practicable after the Ombudsman sends a reply which states that he is satisfied that the person who gave the notice under paragraph (2) is an interested person in relation to the appeal, he must send to the other parties to the appeal a copy of—

(a) the notice under paragraph (2); and

(b) any documents sent to the interested person under paragraph (9)(a) that have not previously been sent to the other parties.

Textual Amendments

F1 Word in reg. 19(9)(b) inserted (16.12.2006) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 9(4)