Foyle Fisheries Act (Northern Ireland) 1952

Prospective

[F1 Notice of appeal N.I.

F1 Schs. 3A, 3B inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(2), Sch. 1 (with art. 32)

1 (1) A notice of appeal shall— N.I.

(a) be made in writing;

(b) state—

(i) the name and address of the appellant;

(ii) the name and address of the appellant's legal representative, if appropriate; and

(iii) an address for service;

(c) contain—

(i) a brief statement of the facts;

(ii) a summary of the principal grounds for contesting the decision of the Commission and the arguments supporting those grounds;

(iii) a statement of the relief sought by the appellant and any directions sought pursuant to paragraph 14;

(iv) a schedule listing all the documents annexed to the notice of appeal; and

(d) be accompanied by such fee (if any) as may be prescribed.

(2) If the appellant wishes to request confidential treatment for any part of his appeal, he shall indicate in the notice of appeal, or within 14 days of sending it to the Appeals Board, the relevant passages or documents, together with the reasons for the request, and, if so directed by the Appeals Board, supply a non-confidential version of the notice of appeal.

(3) There shall be annexed to the notice of appeal a copy of every document on which the appellant intends to rely.

2 (1) If the Appeals Board considers that the notice of appeal does not comply with paragraph 1, or is incomplete, or is lacking in clarity, the Appeals Board may give such directions as may be necessary to ensure that the notice of appeal is put in order and dealt with justly. N.I.

(2) The Appeals Board may, if satisfied that the efficient conduct of the proceedings so require, defer service of the notice of appeal on the Commission until after the directions referred to in sub-paragraph (1) have been complied with.

3 (1) The Appeals Board may strike out a notice of appeal at any stage in the proceedings if— N.I.

(a) having considered the grounds of appeal set out in the notice of appeal—

(i) it considers that the notice of appeal discloses no valid ground of appeal; or

(ii) it is of the opinion that the appeal is vexatious, frivolous or without substance or foundation; or

(b) the notice of appeal does not comply with paragraph 1 in a substantial respect, and the appellant has not remedied the defect pursuant to a direction under paragraph 2(1); or

(c) the appellant fails to comply with a direction of the Appeals Board.

(2) Where the Appeals Board strikes out a notice of appeal it may make any consequential order it considers appropriate.

4 (1) The appellant may amend the notice of appeal only with the permission of the Appeals Board. N.I.

(2) Where the Appeals Board grants permission under sub-paragraph (1) it may do so on such terms as it thinks fit, and shall give such further or consequential directions as may be necessary.

(3) The Appeals Board shall not grant permission to amend the notice of appeal in order to add a new ground for contesting the decision unless—

(a) such ground is based on matters which have come to light since the notice of appeal was sent to the Appeals Board; or

(b) it was not practicable to include that ground in the notice of appeal; or

(c) the circumstances are, in the opinion of the Appeals Board, exceptional.]