The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

The notice of appeal

22.—(1) An appellant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of appeal so that it is received—

(a) [F1 if a time for providing the notice of appeal is set out in paragraph (6), within that time];

(b) otherwise, within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant.

[F2 (1A) The time limit in paragraph (1)(b) does not apply to the laying before the Tribunal by the Immigration Services Commissioner of a disciplinary charge under paragraph 9(1)(e) of Schedule 5 to the Immigration and Asylum Act 1999.]

(2) The notice of appeal must include—

(a) the name and address of the appellant;

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

(c) an address where documents for the appellant may be sent or delivered;

(d) the name and address of any respondent;

(e) details of the decision or act, or failure to decide or act, to which the proceedings relate;

(f) the result the appellant is seeking;

(g) the grounds on which the appellant relies; and

(h) any further information or documents required by a practice direction.

(3) If the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the appellant has or can reasonably obtain.

[F3 (3A) If the appeal is brought under section 141 or 337(1) of the Gambling Act 2005, the appellant must provide with the notice of appeal any fee payable to the Tribunal.]

(4) If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time)—

(a) the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b) unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.

(5) When the Tribunal receives the notice of appeal[F4 , subject to rule 19(2)(national security appeals),] it must send a copy of the notice of appeal and any accompanying documents to each respondent.

[F5 (6) The time for providing the notice of appeal referred to in paragraph (1)(a) is as follows—

(a) in an appeal against a refusal or revocation of a licence to give driving instruction, within 14 days of the date on which notice of the decision was sent to the appellant;

(b) in an appeal under section 28(4) of the Data Protection Act 1998 or section 60(1) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), at any time during the currency of the disputed certificate to which it relates;

(c) in an appeal under section 28(6) of the Data Protection Act 1998 or section 60(4) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), within 28 days of the date on which the claim was made that the certificate applies to the information or data in question;

(d) in the case of a reference from an ethical standards officer made in accordance with sections 63(3)(b) or section 65(4) of the Local Government Act 2000( a ), within 28 days of the completion of the report made in accordance with sections 63(3)(a) and 65(1) of that Act; or

(e) in the case of a reference from a Standards Committee under the Local Government Act 2000 within 28 days of the meeting which decided to make such a reference.]

Textual Amendments

F1 Words in rule 22(1)(a) substituted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 27(a)

F2 Rule. 22(1A) inserted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rule. 1(2), 2(3)

F3 Rule. 22(3A) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules. 1, 2(4)

F4 Words in rule 22(5) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 27(b)

F5 Rule 22(6) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 27(c)