§ 43 — Procedure before Reviewing Tribunal

43.—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against a Part 2 direction under section 18 or a Part 6 order under section 37, if the appeal is made more than 30 days after the notice of a decision relating to the direction or order is given under section 17(2) or 36(2), as the case may be.(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that —(a)

the appellant is not a person entitled to appeal under section 15 (in the case of a Part 2 direction) or 34 (in the case of a Part 6 order);

(b)

the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, and for this purpose the Reviewing Tribunal may take into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to any Reviewing Tribunal; or

(c)

the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 44 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules.

(3) Subject to the rules made under section 44, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 18 or 37 made to or before the Reviewing Tribunal.

—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against a Part 2 direction under section 18 or a Part 6 order under section 37, if the appeal is made more than 30 days after the notice of a decision relating to the direction or order is given under section 17(2) or 36(2), as the case may be.

(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that —(a)

the appellant is not a person entitled to appeal under section 15 (in the case of a Part 2 direction) or 34 (in the case of a Part 6 order);

(b)

the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, and for this purpose the Reviewing Tribunal may take into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to any Reviewing Tribunal; or

(c)

the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 44 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules.

(3) Subject to the rules made under section 44, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 18 or 37 made to or before the Reviewing Tribunal.