- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
10.—(1) A Subscriber who has appealed to the adjudicator under paragraph 4(1) of Schedule 5 to the Act against the registrar’s decision to give a notice of termination may request that the termination be suspended.
(2) A suspension request must—
(a)be in writing,
(b)state that the Subscriber has appealed to the adjudicator against the registrar’s decision,
(c)request that the termination be suspended, and
(d)be received by the registrar at his address for service before the expiry of the notice of termination.
(3) Where the registrar receives a suspension request either after 12 noon on a business day or on a day which is not a business day, the request shall be treated as having been received on the next business day.
(4) On receipt by the registrar of a suspension request which complies with paragraph (2)—
(a)subject to paragraph (5), termination of the agreement is suspended, and
(b)the registrar must as soon as practicable acknowledge receipt of the suspension request and inform the Subscriber of the effect of sub-paragraph (a) and of rule 8(7)(b) and (8).
(5) Paragraph (4) does not apply if at the time the registrar receives the suspension request the appeal has already been determined and no subsequent appeal is pending.
(6) Subject to paragraph (7), the suspension expires on the expiry of the notice of termination or on the determination of the appeal and of any subsequent appeal, whichever occurs later.
(7) Notwithstanding paragraph (6), the suspension expires when any of the following events occurs—
(a)the notice of termination is withdrawn under rule 8(4),
(b)the agreement is terminated by the Subscriber under paragraph 3(1) of Schedule 5 to the Act,
(c)the agreement terminates automatically in accordance with its terms,
(d)the agreement terminates under rule 6(1)(a) or rule 11, or
(e)the adjudicator or the High Court so orders.
(8) In this rule, “suspension request” means a request under paragraph (1).
(9) In paragraph (2)(d), the reference to the registrar’s address for service is, where the registrar has more than one such address, to any one of them.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: