The Network Access Appeal Rules 2008

Appeal notice

20.—(1) An appeal must be made by way of a written notice (‘the appeal notice’) signed, dated and filed by the appellant.

(2) An appeal notice under paragraph (1) must be filed no later than 28 days after the date on which the appellant received notification of the registrar’s decision.

(3) Without prejudice to the generality of paragraph (10), an appellant may request a direction under rule 5 (directions) to allow the appeal to be made later than the time limit under paragraph (2).

(4) For the purpose of paragraph (2), the registrar’s decision is deemed to have been notified to the appellant, unless the contrary is proved—

(a) if sent by post to an address in the United Kingdom, the second working day after posting;

(b) if sent by post to an address outside the United Kingdom, the seventh working day after posting;

(c) if sent by electronic transmission, the second working day after transmission;

(d) if sent by document exchange, the second working day after it was left at the document exchange; or

(e) if communicated by telephone, the day of the telephone conversation.

(5) The appeal notice must state—

(a) the name and address of the appellant;

(b) the name and address of the appellant’s representative (if any);

(c) the address for service;

(d) that the appeal notice concerns an appeal against the registrar’s decision;

(e) the grounds upon which the appeal should be granted in the appellant’s favour; and

(f) the remedy sought by the appellant.

(6) In paragraph (5)(a), “address” in respect of a corporation means the address of the registered or principal office.

(7) Where a representative, other than a legally qualified representative, is named in paragraph (5)(b) and the appeal notice is signed by that representative on behalf of the appellant, a statement that the representative is authorised to act on the appellant’s behalf must be—

(a) filed with the appeal notice; and

(b) signed by the appellant.

(8) Except when there is a good reason why it is not possible, the appellant must, at the same time as filing an appeal notice under paragraph (2), file a copy of—

(a) the registrar’s decision forming the subject matter of the appeal; and

(b) any statement of reasons for the registrar’s decision.

(9) The appeal notice must be accompanied by a list of the documents that the appellant relies on in support of the appeal.

(10) The appellant may make a request for directions under rule 5 (directions) when filing the appeal notice.

(11) At the same time as filing the appeal notice, the appellant must serve a copy of that notice and a copy of any other document filed with the appeal notice including any request for a direction (unless rule 5(5)(c) applies) on each other party.

(12) Except where the appeal notice has been struck out in accordance with rule 10 (strike out), as soon as is reasonably practicable the adjudicator must—

(a) enter particulars of the appeal in the register;

(b) inform the parties in writing of the date when the adjudicator received the appeal notice; and

(c) except where rule 5(5)(c) applies, inform the parties in writing of the adjudicator’s determination relating to a request for a direction.