SCHEDULE 3 E+WProcedure for appeal against a decision of the appropriate body

Determination of appeal on failure to defend the appeal or withdrawal of appeal or reply E+W

10.—(1) The Secretary of State must allow the appeal where—

(a) the respondent's reply states that the respondent does not seek to defend the decision which is the subject of the appeal; or

(b) the respondent withdraws the reply.

(2) The Secretary of State must notify the appellant if the appeal is allowed under sub-paragraph (1).