The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022

Appealing against an unsuccessful application made under regulation 7

10.—(1) Subject to paragraph (3)—

(a) an applicant who has received notice under regulation 7(7) that the application has been unsuccessful, or

(b) where such an applicant was an overseas entity, the relevant individual to which the application related,

may appeal to the High Court or, in Scotland, the Court of Session on the grounds mentioned in paragraph (2).

(2) The grounds referred to in paragraph (1) are that the determination—

(a) is unlawful;

(b) is irrational or unreasonable; or

(c) has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.

(3) No appeal may be brought unless the permission of the court has been obtained.

(4) No application for such permission may be made after 28 days beginning with the date of the notice under regulation 7(7) unless the court is satisfied that there was good reason for the failure of the applicant to seek permission before the end of that period.

(5) An applicant who seeks permission to appeal must serve written notice of the application on the registrar within 7 days beginning with the date on which the application for permission was issued.

(6) The court determining an appeal may—

(a) dismiss the appeal; or

(b) quash the determination.

(7) Where the court quashes a determination it may refer the matter to the registrar with a direction to reconsider it and make a further determination under regulation 7(7) in accordance with the findings of the court.