PART 13Supplementary
CHAPTER 7General
Procedure on appeals to the Department222
1
An appeal to the Department under regulation 206 (payments of benefits; appeals to the Department) or 214(forfeiture: appeals to the Department) must—
a
be made by notice in writing; and
b
specify the grounds of appeal.
2
The Department, on receiving a notice of appeal, must appoint an appeal tribunal (“the tribunal”) to hear the appeal.
3
The tribunal must consist of 3 persons including—
a
a barrister or solicitor of not less than 7 years’ standing who must be appointed as chair;
b
a former member of the police service or of a police force in Great Britain who held a rank not below Superintendent before leaving the police.
4
The tribunal must—
a
determine the time and place of the hearing and of any postponed or adjourned hearing; and
b
give reasonable notice of those details to the appellant and to the scheme manager (“the parties”).
5
Either party may—
a
be represented before the tribunal by counsel, a solicitor or any other person the party considers appropriate;
b
adduce evidence; and
c
cross-examine witnesses.
6
The tribunal must determine its own procedure but—
a
the tribunal must have regard to the practice in a hearing of an appeal to a county court under article 28 of the County Courts (Northern Ireland) Order 1980111;and
b
the rules of evidence that apply to an appeal under that Order, apply to an appeal under this regulation.
7
The tribunal, after hearing and determining the appeal, may make any order as appears to it just.
8
The order must state the reasons for the decision and each of the parties must be given a copy.
9
Either party may appeal to the High Court in accordance with rules of court on any point of law arising from a decision of the tribunal under this regulation.