The Financial Assistance Scheme (Appeals) Regulations 2005

Further provisions relating to combining appeals where appeal relates to scheme notification decision or scheme eligibility decision U.K.

26.—(1) This regulation applies where an appeal relates to a scheme notification decision or a scheme eligibility decision.

(2) Where a person who is not a party to the appeal (or who is not treated as such under any provision of these Regulations) objects to a proposal by the Ombudsman to exercise his powers under regulation 25(1), (2) or (3), the objections must state—

(a) the name and address of the person making the objection;

(b) why that person considers himself to be an interested person in relation to the appeal and must include evidence in support (where it is available); and

(c) the name and address of any representative acting on the person's behalf and whether that address is the address to be used for the purposes of the appeal.

(3) As soon as practicable after receiving objections from a person under paragraph (2), the Ombudsman must send a reply to that person.

(4) The reply must state—

(a) whether the Ombudsman is satisfied that the person who sent the objections is an interested person in relation to the appeal; and

(b) the reasons for that decision.

(5) Before the Ombudsman sends a reply which states that he is not satisfied that the person who sent the objections is an interested person in relation to the appeal, he may give that person an opportunity to submit more details in support of his claim.

(6) Where the Ombudsman sends a reply which states that he is not satisfied that the person who sent the objections is an interested person, that person shall not take any further part in the appeal.

(7) Where the Ombudsman sends a reply which states that he is satisfied that the person who sent the objections is an interested person—

(a) he must also send to the interested person a copy of—

(i) the notice of appeal, and

(ii) any written representations and other documents which the Ombudsman has already received in relation to the appeal; and

(b) the interested person is to be treated as a party to the appeal for the purposes of regulations 7(3)(a)(i), [F1 11(1)(a) and (3),] 12(2), 13 (except paragraph (3)), 15(2)(a), 16(4)(a), 17(1), (2), (5)(b), (7) and (8)(b), 18(1) to (5), 19(2) and (11), 22(3) and (4), 23(10) and (12)(a), 24(a), 27(1) and (2) and 29(1).

(8) A reply sent by the Ombudsman under this regulation must be in writing, but, subject to that, may be made in such manner as the Ombudsman considers appropriate.

Textual Amendments

F1 Words in reg. 26(7)(b) inserted (16.12.2006) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 9(5)