The Financial Assistance Scheme (Appeals) Regulations 2005

Procedure on receipt of notice of appeal U.K.

7.—(1) As soon as practicable after receiving a notice of appeal that is made in accordance with regulations 5 and 6, the Ombudsman must—

(a) send an acknowledgement of its receipt to each party to the appeal, or, if applicable, to that party's representative; and

(b) where an 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 the fact that the appeal has been made.

(2) The acknowledgement must state the date on which the notice of appeal was received.

(3) The acknowledgement sent to the appellant, or, if applicable, to the appellant's representative, must inform the appellant or representative—

(a) that any information or documents provided in support of the notice of appeal will be—

(i) copied to the other parties to the appeal, and

(ii) where the appeal relates to a scheme notification decision or a scheme eligibility decision, made available for inspection by all other interested persons; and

(b) about the binding nature of any determination or direction given or made by the Ombudsman, as described in regulation 24.

(4) When the Ombudsman sends an acknowledgement to the scheme manager, he must also send a copy of the notice of appeal.

(5) An acknowledgement 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.

(6) Where the appeal relates to a scheme notification decision or a scheme eligibility decision, the publicity given under paragraph (1)(b) must—

(a) inform interested persons who are not parties to the appeal of their right to—

(i) make written representations under regulation 11(1), and

(ii) request an oral hearing under regulation 13(1);

(b) specify the date by which—

(i) those written representations must be received by the Ombudsman, and

(ii) a request for an oral hearing must be made,

which must be not less than 28 days beginning with the day on which the Ombudsman publicises the existence of the notice of appeal; and

(c) include information about the binding nature of the Ombudsman's decision, as described in regulation 24.