The Space Industry (Appeals) Regulations 2021

Application to intervene

11.—(1) A person with sufficient interest in the decision which is the subject of the appeal may apply to the appeal panel for permission to intervene in the appeal.

(2) An application under paragraph (1) must be made within the period of 14 days beginning with the day after the day on which notice of the application for permission to appeal was published on the panel website and sent to the secretary.

(3) The secretary must give notice of the application for permission to intervene to all the parties to the appeal, and invite them to make representations in relation to the application within a period specified in the notice.

(4) An application for permission to intervene must state—

(a) the title of the appeal to which that application relates,

(b) the name and address of the person wishing to intervene,

(c) the name and address of its legal representative, if any, and

(d) an email address or a postal address in the United Kingdom where documents for the applicant may be sent or delivered.

(5) The application must include—

(a) a concise statement of the matters which give the applicant a sufficient interest in the decision which is the subject of the appeal,

(b) the name of any party whose position the applicant intends to support,

(c) the reasons for making the application, and

(d) a statement of truth in accordance with regulation 15.

(6) If the appeal panel is satisfied, having taken into account the observations of the parties, as to the matters referred to in paragraph 14(1) of Schedule 10 to the Act, it may permit the intervention on such terms and conditions as it thinks fit.

(7) On granting permission under paragraph (6), the appeal panel may make any consequential directions it considers necessary in relation to—

(a) the service on the intervener of documents submitted to the appeal panel;

(b) if the appeal panel considers it appropriate, the submission by the intervener of a statement of intervention;

(c) if a submission is required under sub-paragraph (b), the submission by the principal parties of a response to the statement of intervention and any objections to the admission of evidence put forward by the intervener.

(8) The statement of intervention must contain—

(a) a concise presentation of the facts and arguments supporting the intervention,

(b) the relief sought by the intervener,

(c) a schedule listing all the documents annexed to the intervention, and

(d) a statement of truth in accordance with regulation 15.

(9) As far as practicable, the list referred to in paragraph (8)(c) must include every document, or part of a document, on which the intervener relies, including witness statements, if any, but not including any document annexed to the notice of appeal or respondent’s notice.

(10) The intervener must serve a copy of the statement of intervention and any accompanying documents on the secretary.

(11) The secretary must—

(a) give notice of the decision of the appeal panel under paragraph (6), and any directions made under paragraph (7), and

(b) serve a copy of all the documents provided under paragraph (10),

on each of the parties to the appeal as soon as practicable, and in any event not later than seven days after the day on which the documents were received by the secretary.