Appeals against certificates5
1
Any appeal against a certificate shall be in writing on a form approved by the Scottish Ministers(b) and unless an application has been granted to extend the time for an appeal against a certificate under regulation 7, shall be sent to the Scottish Ministers–
a
not later than 3 months after–
i
the date of the certificate; or
ii
if later, the date on which the compensation payment was made; or
b
where a certificate is confirmed following a review by the Scottish Ministers under section 156, not later than 3 months after the date of that confirmation; or
c
where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death, not later than 3 months after the date of that agreement; or
d
where the compensator makes a waiver application, not later than 1 month after–
i
the date of the waiver decision; or
ii
if the compensator appeals that decision, the date on which the appeal is decided or withdrawn.
2
Where the points raised in an appeal against a certificate have not already been the subject of a review under section 156, the Scottish Ministers, if they think it appropriate to do so, may treat an appeal against a certificate as an application for review under section 156(4).
3
Where the Scottish Ministers decide to treat an appeal against a certificate as an application for review under section 156(4) they must advise the applicant that they have done so and–
a
where the certificate is confirmed notify the applicant of that decision and treat the application as an appeal; or
b
otherwise issue a fresh certificate.
4
Any appeal under this regulation shall contain the following particulars–
a
the date of the certificate in relation to which the appeal is made;
b
the ground under section 157 to which the appeal relates; and
c
a summary of the arguments relied on by the person making the appeal to support that person’s contention that the certificate is wrong.