EM5601 - Commissioners: Receipt of Appeals/Applications

Appeals and applications such as a postponement application may not always be made on a standard appeal form. Typically they are made by letter. You will need systems to identify these appeals or applications rapidly and ensure that they are referred to an appropriate officer.

Some applications, for example for a direction for a closure notice, may be sent directly to the Clerk to the Commissioners. The first time we may be aware of these is when the Clerk asks us to arrange to have them listed for hearing or, in cases where the Clerk prepares the lists, tells us that the case has been listed for hearing. Again, it will be important that adequate systems are in place to identify these cases, and ensure that they are dealt with promptly and by an appropriately qualified officer.

All cases should be reviewed by an appropriately qualified officer before referral to the Commissioners.

Further guidance on appeals can be found in the Assessment Procedures and Inspector’s Manual. It is intended that an Appeals Handbook will be published in 2003.

At any time before the determination of appeals by the Commissioners, you can settle them by agreement under TMA70/S54 in the normal way.