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The Armed Forces (Proceedings) (Costs) Regulations 2009
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- 2009 No. 993
- PART 2
- Regulation 12
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Appeals instituted under the Armed Forces Proceedings (Costs) Regulations 2005
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12. Where an appeal has been instituted under regulation 5 of the Armed Forces Proceedings (Costs) Regulations 2005 (“the 2005 Regulations”) but not determined—
(a)it shall be treated as if it had been an appeal instituted under regulation 5 of these regulations as modified by regulations 10(5) and (6);
(b)any notice given or document served in accordance with a provision of regulation 5 of the 2005 Regulations shall be treated as given or, as the case may be, served in accordance with the corresponding provision of regulation 5 of these Regulations;
(c)any extension of time granted under regulation 5(5) of the 2005 Regulations shall be treated as if it had been granted under regulation 5(5) of these Regulations; and
(d)where an interested party has, in accordance with rule 5(6) of the 2005 Regulations, been allowed to make representations, the appeal court’s duty under regulation 5(6) of these Regulations to allow any interested party to make representations shall be treated as discharged.
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