PART 2 | MAKING APPEAL AND DOCUMENTS OF APPEAL |
| Division 1 — Notice of Appeal |
| Making appeal: Notice of Appeal |
5.—(1) An appeal to the Minister is made by filing with the Minister, within the time mentioned in paragraph (2) —| (a) | a duly signed original of a Notice of Appeal; and | | (b) | 3 copies of the Notice, each certified to be in conformity with the original by the person who signed the original. |
(2) The time for the purpose of paragraph (1) is as follows:| (a) | for an appeal against a decision or direction of the Authority mentioned in section 98(1) of the Act brought by a person aggrieved by the decision or direction, within 14 days after the person is notified of the decision or direction; | | (b) | for an appeal in respect of anything contained in a code of practice or standard of performance issued or approved by the Authority under section 16 of the Act, within 14 days after the thing contained in the code of practice or standard of performance is issued or approved; | | (c) | for an appeal against a notice issued by the Authority under section 5(2)(b) of the Act, within 7 days of the date of the giving of the notice. |
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| (3) Subject to regulation 7(2), upon receipt of the Notice of Appeal, the Appeals Secretary must send a copy of the Notice to the Authority. |
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| Contents of Notice of Appeal |
6. A Notice of Appeal must —| (a) | state —| (i) | the name and address of the appellant; | | (ii) | the name, phone number and e‑mail address of the appellant’s authorised representative for the appeal or the appellant’s legal representative; and | | (iii) | an address in Singapore to which documents in connection with the appeal may be sent; |
| | (b) | contain —| (i) | a concise statement of the circumstances under which the appeal arise, the facts and the issues in the appeal; | | (ii) | a summary of the grounds for appealing against the appealable decision of the Authority, identifying in particular —| (A) | the statutory provision under which the appealable decision was made; | | (B) | the extent (if any) to which the appellant contends that the appealable decision was based on an error of fact or was wrong in law; and | | (C) | the extent (if any) to which the appellant is appealing against the Authority’s exercise of discretion in making the appealable decision; |
| | (iii) | a succinct presentation of the arguments of fact or law supporting each ground of appeal; and | | (iv) | the relief or directions (if any) sought by the appellant; |
| | (c) | be signed and dated by —| (i) | the appellant’s authorised representative; or | | (ii) | the appellant’s legal representative, if the details provided under paragraph (a)(ii) relate to the appellant’s legal representative; and |
| | (d) | include —| (i) | a copy of the appealable decision (including the code of practice or standard of performance, where applicable); and | | (ii) | any documents supporting those arguments of fact or law. |
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| Defective Notice of Appeal |
7.—(1) If the Minister considers that a Notice of Appeal —| (a) | does not comply with regulation 6; | | (b) | is materially incomplete; | | (c) | is unduly prolix; or | | (d) | is lacking in clarity, |
| the Minister may give such directions to the appellant as may be necessary to remedy the Notice. |
| (2) The Minister may, if the Minister considers that the efficient conduct of the appeal proceedings so requires, instruct the Appeals Secretary to defer sending a copy of the Notice of Appeal to the Authority until after the directions given under paragraph (1) have been complied with. |
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| Minister to consider whether appeal to be determined by Appeal Panel |
8.—(1) Without affecting regulation 15 or 23, the Minister must consider whether an appeal made to the Minister ought to be considered and determined by an Appeal Panel under section 98(2) of the Act —| (a) | upon receiving the Notice of Appeal for the appeal; or | | (b) | where regulation 7 applies, upon the appellant complying with the directions given by the Minister to remedy the defective Notice of Appeal. |
| (2) Where the Minister considers that the appeal need not be considered and determined by an Appeal Panel, the Minister must instruct the Appeals Secretary to send a copy of the Notice of Appeal to the Authority. |
(3) Where the Minister considers that the appeal ought to be considered and determined by an Appeal Panel, the Minister must —| (a) | instruct the Appeals Secretary to notify the appellant accordingly; and | | (b) | establish an Appeal Panel under section 65 of the Act to consider and determine the appeal, |
| and nothing further in these Regulations applies to the appeal. |
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9.—(1) Within 21 days after receiving a copy of a Notice of Appeal from the Appeals Secretary, or such shorter time as the Minister may require, the Authority must file with the Minister —| (a) | a duly signed original of a Response; and | | (b) | unless the Minister otherwise directs, 3 copies of the Response, each certified to be in conformity with the original by the person who signed the original. |
| (2) Subject to regulation 11(2), upon receipt of the Response, the Appeals Secretary must send a copy of the Response to the appellant. |
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10. A Response must —| (a) | state —| (i) | the name, phone number and e‑mail address of the Authority’s authorised officer for the appeal or the Authority’s legal representative; and | | (ii) | an address in Singapore to which documents in connection with the appeal may be sent; |
| | (b) | contain —| (i) | a succinct presentation of the arguments of fact or law upon which the Authority relies in responding to each ground of appeal; and | | (ii) | the relief or directions (if any) sought by the Authority; |
| | (c) | be signed and dated by —| (i) | the authorised officer of the Authority; or | | (ii) | the Authority’s legal representative, if the details provided under paragraph (a)(i) relate to the Authority’s legal representative; and |
| | (d) | include any documents supporting those arguments of fact or law. |
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11.—(1) If the Minister considers that a Response —| (a) | does not comply with regulation 10; | | (b) | is materially incomplete; | | (c) | is unduly prolix; or | | (d) | is lacking in clarity, |
| the Minister may give such directions to the Authority as may be necessary to remedy the Response. |
| (2) The Minister may, if the Minister considers that the efficient conduct of the appeal proceedings so requires, instruct the Appeals Secretary to defer sending a copy of the Response to the appellant until after the directions given under paragraph (1) have been complied with. |
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12.—(1) An appellant may reply to a Response of the Authority by filing with the Minister, within 21 days after receiving a copy of the Response, or such shorter time as the Minister may require —| (a) | a duly signed original of a Reply; and | | (b) | unless the Minister otherwise directs, 3 copies of the Reply, each certified to be in conformity with the original by the person who signed the original. |
| (2) Subject to regulation 14(2), upon receipt of the Reply, the Appeals Secretary must send a copy of the Reply to the Authority. |
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13. A Reply must —| (a) | contain a succinct presentation of the arguments of fact or law in reply to a Response; | | (b) | be signed and dated by —| (i) | the authorised representative of the appellant; or | | (ii) | the appellant’s legal representative; and |
| | (c) | include any documents supporting those arguments of fact or law. |
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14.—(1) If the Minister considers that a Reply —| (a) | does not comply with regulation 13; | | (b) | is materially incomplete; | | (c) | is unduly prolix; or | | (d) | is lacking in clarity, |
| the Minister may give such directions to the appellant as may be necessary to remedy the Reply. |
| (2) The Minister may, if the Minister considers that the efficient conduct of the appeal proceedings so requires, instruct the Appeals Secretary to defer sending a copy of the Reply to the Authority until after the directions given under paragraph (1) have been complied with. |
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