SRA Handbook

Appeals

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Version 2 of the Handbook was published on 23/12/2011. For more information, please click 'History' Above

Regulation 9: Appeals

9.1

Before exercising its right of appeal to the High Court:

(a)

under paragraph 2(1)(a) of Schedule 2 to the AJA, against refusal of initial recognition;

(b)

under paragraph 2(1)(b) or (c) of that Schedule, against the imposition of a condition; or

(c)

under paragraph 2(2) of that Schedule, against refusal by the SRA to approve a step which, under a condition on the body's recognition, requires such prior approval,

a body may invoke the SRA's own appeals procedure.

9.2

A body may appeal to the High Court against the SRA's decision to revoke the body's recognition, but must first invoke the SRA's own appeals procedure.

9.3

A body, and/or the individual concerned, may appeal to the High Court against the SRA's decision:

(a)

not to approve the individual under regulation 3; or

(b)

to withdraw its approval of the individual under regulation 3,

but must first invoke the SRA's own appeals procedure.

9.4

Deemed refusal

(a)

An application for initial recognition under regulation 2 is deemed, for the purpose of any appeal under 9.1(a) above, to be refused on the 90th day after the SRA has received the application and all additional information and documentation required, and duly notified to the applicant on that day, if by the end of that day the SRA has not notified the applicant body of its decision.

(b)

An application for approval of an individual under regulation 5 is deemed, for the purpose of any appeal under 9.3(a) above, to be refused on the 90th day after the SRA has received the application and all additional information and documentation required, and duly notified to the applicant on that day, if by the end of that day the SRA has not notified the applicant body, and the individual concerned, of its decision.

9.5

Appeal time limits

(a)

Appeals under the SRA's own appeals procedure must be made within 28 days of notification of the SRA's reasons for its decision, or within 28 days of deemed refusal under 9.4 above.

(b)

Unless otherwise provided in rules of Court or in the relevant decision, an appeal to the High Court must be made:

(i)

within the period of 28 days from the date on which the notice of the decision that is subject to appeal is given to the appellant; or

(ii)

within a period of 28 days from the date on which the notice of the refusal of an appeal under the SRA's own appeals procedure is given to the appellant,

as appropriate.

9.6

An appeal under the SRA's own appeals procedure under 9.3(a) above shall be treated as an application for the purpose of these regulations.