The Information Tribunal (National Security Appeals) Rules 2005

Reply by respondent data controller

9.—(1) A respondent data controller shall, within 42 days of the date on which he receives a copy of a notice of appeal under rule 7(1)(b) above, send to the Tribunal a written reply acknowledging service upon him of the notice of appeal, and stating–

(a) whether or not he intends to oppose the appeal and, if so,

(b) the grounds upon which he relies in opposing the appeal.

(2) Before the expiry of the period referred to in paragraph (1) above, the respondent data controller may apply to the Tribunal for an extension of that period, showing cause why, by reason of special circumstances, it would be just and right to do so, and the Tribunal may grant such extension as it considers appropriate.

(3) Except where the Tribunal proposes to determine the appeal in accordance with rule 12 below, the proper officer shall send a copy of the reply to–

(a) the relevant Minister; and

(b) subject to paragraph (4) and rule 13 below, the appellant, the Commissioner and any other party to the proceedings.

(4) No copy may be sent under paragraph (3)(b) above before the period of 42 days referred to in rule 13(2)(b) below has expired unless the relevant Minister has indicated that he does not object.

(5) A reply under this rule may include a request for an early determination of the appeal and the reasons for that request.