Mother and Baby Institutions Payment Scheme Act 2023
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Withdrawal or deemed withdrawal of application, review or appeal | ||
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40. (1) An applicant may withdraw an application made by him or her under section 19 , a review sought by him or her under section 27 or an appeal made by him or her under section 29 , by providing the Chief Deciding Officer with a notice in writing of such withdrawal. | ||
(2) The withdrawal under subsection (1) of an application, review or appeal shall take effect on and from the date on which the relevant notice under that subsection is received by the Chief Deciding Officer. | ||
(3) Where an applicant fails to comply with a request under section 21 (2), 23 (1) or 27 (5) within the period specified by the Chief Deciding Officer under the provision concerned, the Chief Deciding Officer shall send the applicant a notice in writing— | ||
(a) requiring him or her, within 60 days of the date on which the notice is sent to him or her, to comply with the request, and | ||
(b) informing him or her of the effect of subsections (5) and (7). | ||
(4) Where an applicant fails to comply with a request under section 29 (5) within the period specified by the appeals officer under that provision, the appeals officer shall send the applicant a notice in writing— | ||
(a) requiring him or her, within 60 days of the date on which the notice is sent to him or her, to comply with the request, and | ||
(b) informing him or her of the effect of subsections (5) to (7). | ||
(5) Where— | ||
(a) a notice under subsection (3) or (4) is sent to an applicant, and | ||
(b) the applicant has not, by the date (in this section referred to as the “relevant date”) that is 60 days after the date on which the notice is sent to the applicant, complied with the requirement referred to in subsection (3)(a) or (4)(a), as the case may be, | ||
the applicant shall be deemed, on and from the relevant date, to have withdrawn his or her application, review or appeal, as the case may be. | ||
(6) Subject to subsection (7), where an applicant— | ||
(a) withdraws in accordance with subsection (1), or | ||
(b) is deemed under subsection (5) to have withdrawn, | ||
his or her application, review or appeal, consideration under this Act of the application, review or appeal, as the case may be, shall be discontinued. | ||
(7) (a) An applicant whose application, review or appeal is deemed under subsection (5) to have been withdrawn may make a request, in such form as may be prescribed, to the Chief Deciding Officer for a direction under paragraph (b). | ||
(b) Subject to paragraph (c), the Chief Deciding Officer, having considered a request under paragraph (a) and where he or she is satisfied that the applicant concerned had good reason for his or her failure to comply with the requirement referred to in subsection (3)(a) or (4)(a), as the case may be, to which the deemed withdrawal relates, may direct that consideration under this Act of the application, review or appeal concerned be resumed on such date as shall be specified in the direction. | ||
(c) The Chief Deciding Officer shall not consider a request under paragraph (a) that is received by him or her on or after the cessation date. |