Suspension of termination pending appeal
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(a)the notice of termination is withdrawn under rule 8(4),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.