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The Financial Assistance Scheme (Appeals) Regulations 2005

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Written representations: general

This section has no associated Explanatory Memorandum

11.—(1) The following persons may make written representations to the Ombudsman in relation to an appeal—

(a)the parties to the appeal; and

(b)where an appeal relates to a scheme notification decision or a scheme eligibility decision, any interested person in relation to the appeal who is not a party to the appeal.

(2) Any written representations made by a party to an appeal must be sent to the Ombudsman before the end of the period of 28 days beginning with the day on which the Ombudsman sent an acknowledgement of receipt of notice of appeal to that party under regulation 7.

(3) Where an appeal relates to a scheme notification decision or a scheme eligibility decision, any written representations made by an interested person who is not a party to the appeal must be sent to the Ombudsman by the date specified by the Ombudsman in the publicity given under regulation 7(1)(b).

(4) Paragraph (5) applies to a person who has received a reply from the Ombudsman under regulation 14(3) or 26(3) stating that the Ombudsman is satisfied that that person is an interested person in relation to the appeal.

(5) Any written representations made by a person to whom this paragraph applies must be sent to the Ombudsman before the end of—

(a)the period specified in paragraph (3); or

(b)the period of 14 days beginning with the day on which the Ombudsman sent the reply under regulation 14(3) or 26(3) to that person,

whichever is later.

(6) As soon as practicable after receiving written representations in accordance with the provisions of this regulation, the Ombudsman must—

(a)send a written acknowledgement of the receipt of the written representations to the person who made the representations;

(b)send a copy of the written representations to all parties to the appeal (other than to a party who made the representations in question); and

(c)where the appeal relates to a scheme notification decision or a scheme eligibility decision, take reasonable steps to publicise to all other interested persons in relation to the appeal—

(i)the existence of the written representations, and

(ii)any other information the Ombudsman considers appropriate.

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