Amendment of petition of appeal – CPD courses

Amendment of petition of appeal

Example: CPD courses

4.—(1) The appellant may, with the permission of the Appeals Board committee, amend his petition of appeal. CPD courses

(2) Where the Appeals Board committee grants permission under paragraph (1), it may do so on such terms or conditions as it thinks fit to impose, and the Appeals Board committee shall give such further or consequential directions as it may consider necessary. 

(3) No permission to amend a petition of appeal in order to add a new ground of appeal shall be granted unless the Appeals Board committee is satisfied that it is just to do so.

Summary disposal of appeal

5.—(1) Where the only parties to an appeal are an appellant and the respondent, the Appeals Board committee may, after giving the parties an opportunity to be heard, at any stage in the appeal proceedings and without calling for a response from the respondent, determine the appeal by confirming the decision appealed against if —
(a) the Appeals Board committee considers that the notice of appeal and petition of appeal disclose no valid ground of appeal; or
(b) the Appeals Board committee considers that the appellant is not a person entitled to appeal under section 59 of the Act.

(2) Where the Appeals Board committee determines an appeal under paragraph (1), it may make such consequential order as it considers appropriate. CPD courses.

Constitution of committee of Appeals Board – CPD courses

6.—(1) Upon the receipt of a notice of appeal and the prescribed fee, the secretary shall constitute a committee of the Appeals Board on the instruction or nomination of the Chairman of the Appeals Board. CPD courses.

(2) The secretary shall notify every party to the appeal of the constitution of the committee of the Appeals Board.

(3) Any party who objects to any member of the committee shall, within 7 days after receiving the notification under paragraph (2), lodge with the secretary his grounds of objection. CPD courses.

(4) The Chairman of the Appeals Board may require the party who lodges an objection to furnish him, through the secretary, with such further information or documents in relation to the objection as he deems necessary or relevant.

(5) The secretary shall inform every party —
(a) of the decision of the Chairman of the Appeals Board to allow or disallow the objection; and
(b) if the objection is allowed, of the replacement made and the constitution of the new committee.

(6) Where no objection is lodged with the secretary within the period mentioned in paragraph (3), the secretary shall notify the parties accordingly.

Source: Estate Agents (Appeals) Rules 2010

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