The Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023

Striking out proceedings

47.—(1) The proceedings, or the appropriate part of them will be automatically struck out if the appellant has failed to comply with a direction that stated that failure by a party to comply with the direction would lead to the striking out of the proceedings or that part of them.

(2) The VTW must strike out the whole or part of the proceedings if the VTW does not have jurisdiction in relation to the proceedings or that part of them.

(3) The VTW may strike out the whole or part of the proceedings if —

(a) the appellant has failed to co-operate with a direction that stated that failure by the appellant to comply with the direction could lead to the striking out of proceedings or that part of them;

(b) the appellant has failed to co-operate with the VTW to such an extent that the VTW cannot deal with the proceedings fairly and justly;

(c) the VTW considers there is no reasonable prospect of the appellant’s appeal or part of it, succeeding.

(4) The VTW may not strike out the whole or part of the proceedings under paragraph (2) or (3)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out.

(5) As soon as reasonably practicable after the proceedings have been struck out, the VTW must send all parties notice of that decision in writing accompanied by a statement of the reasons for the striking out of the proceedings.

(6) If the proceedings, or any part of them, have been struck out under paragraph (1) or (3)(a), the appellant may apply for the proceedings, or part of them, to be reinstated.

(7) An application under paragraph (6) must be made in writing and received by the VTW within 28 days after the date on which the VTW sent notification of the striking out to the appellant.

(8) This regulation applies to a party to the proceedings other than the appellant as it applies to the appellant except that—

(a) a reference to a striking out of the proceedings is to be read as a reference to the barring of that other party from taking further part in the proceedings;

(b) a reference to an application for the reinstatement of proceedings which have been struck out is to be read as a reference to an application for the lifting of the bar on that other party from taking further part in the proceedings.

(9) If a party other than the appellant has been barred from taking further part in the proceedings under this regulation and that bar has not been lifted, the VTW need not consider any response or other submission made by that party.