Division 1 — Commencing appeal proceedings
Commencement of appeals
7.—(1)  [Deleted by S 350 of 2007]
(2)  An appeal to the Board shall be made by lodging a notice of appeal in accordance with regulation 8.
(3)  Where an appeal from a decision of the Commission is —
(a)as to whether the section 34 prohibition has been infringed;
(b)as to whether the section 47 prohibition has been infringed;
(c)on a direction given under section 67 of the Act in relation to the section 34 prohibition or the section 47 prohibition;
(d)on a direction given under section 69 of the Act (including the imposition of any financial penalty or as to the amount of any such financial penalty) in relation to a decision that the section 34 prohibition or the section 47 prohibition has been infringed; or
(e)for or in relation to the cancellation of a block exemption in respect of an agreement,
the notice of appeal shall be lodged within 2 months of the date on which the appellant was notified of the contested decision or the date of publication of the decision, whichever is the earlier.
[S 350/2007 wef 01/07/2007]
(3A)  Where an appeal from a decision of the Commission is —
(a)as to whether the section 54 prohibition will be or has been infringed;
(b)on a direction given under section 58A of the Act in relation to the section 54 prohibition;
(c)on a direction given under section 67 of the Act in relation to the section 54 prohibition;
(d)on a direction given under section 69 of the Act in relation to a decision that the section 54 prohibition will be infringed;
(e)on a direction given under section 69 of the Act (including the imposition of any financial penalty or as to the amount of any such financial penalty) in relation to a decision that the section 54 prohibition has been infringed; or
(f)for or in relation to a refusal to vary, substitute or release a commitment accepted under section 60A of the Act,
the notice of appeal shall be lodged within 4 weeks of the date on which the appellant was notified of the contested decision or the date of publication of the decision, whichever is the earlier.
[S 350/2007 wef 01/07/2007]
(4)  The Board may, on the application of the appellant, in its discretion extend the time limit provided under paragraph (3) for the lodgment of the notice of appeal.
(5)  On receiving the notice of appeal, the Secretary shall forward a copy thereof to each of the other parties concerned.
Notice of appeal
8.—(1)  The notice of appeal —
(a)shall state —
(i)the name and address of the appellant;
(ii)the name and address of the appellant’s authorised representative or legal representative; and
(iii)an address in Singapore for the service of documents;
(b)shall contain —
(i)a concise statement of the facts;
(ii)a summary of the grounds for appealing against or with respect to the contested decision of the Commission, identifying, in particular —
(A)the statutory provision under which the appeal is brought;
(B)the extent (if any) to which the appellant contends that the 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 Commission’s exercise of discretion in making the contested 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)shall be signed and dated by the appellant, or on his behalf by his authorised representative or legal representative; and
(d)shall be accompanied by —
(i)a copy of the contested decision; and
(ii)the appropriate fee specified in the Schedule.
(2)  Unless the Board otherwise directs, the appellant shall lodge the duly signed original of the notice of appeal and its accompanying documents with the Board together with 5 copies thereof, each certified by the appellant, or his authorised representative or legal representative, to be in conformity with the original.
(3)  An appellant shall not raise or rely on any ground of appeal which is not stated in the notice of appeal during the hearing of the appeal except with the permission of the Board.
Defective notices of appeal
9.—(1)  If the Board considers that a notice of appeal is not lodged in accordance with regulation 8, is materially incomplete, unduly prolix or lacking in clarity, the Board may give such directions to the appellant as may be necessary to remedy the notice.
(2)  The Board may, if it considers that the efficient conduct of the appeal proceedings so requires, instruct the Secretary to defer forwarding a copy of the notice of appeal to the other parties concerned until after the directions given under paragraph (1) have been complied with.
Power to reject
10.—(1)  The Board may, after giving the parties an opportunity to be heard, reject an appeal in whole or in part at any stage in the appeal proceedings if —
(a)it considers that the notice of appeal discloses no valid ground of appeal;
(b)it considers that the appellant is not a party or person referred to in section 71(1) or (1A) of the Act;
(c)it is satisfied that the appellant has habitually and persistently, and without any reasonable ground —
(i)instituted vexatious proceedings before the Board; or
(ii)made vexatious applications in any proceedings before the Board; or
(d)the appellant fails to comply with any provision of these Regulations, or any direction, practice direction or order of the Board.
(2)  Where the Board rejects an appeal, it may, without prejudice to its powers under section 73(8) of the Act, make such consequential order as it considers appropriate.
Amendment of notice of appeal
11.—(1)  The appellant may, with the permission of the Board, amend his notice of appeal.
(2)  Where the Board grants permission under paragraph (1), it may do so on such terms or conditions as it thinks fit to impose, and it shall give such further or consequential directions as it may consider necessary.
(3)  The Board shall not grant permission to amend a notice of appeal in order to add a new ground of appeal unless the Board is satisfied that —
(a)such ground is based on any matter of fact or law which came to light after the notice of appeal was lodged;
(b)it was not practicable to include such ground in the notice of appeal; or
(c)there are exceptional circumstances to do so.
Withdrawal of appeal
12.—(1)  The appellant may, with the permission of the Board, withdraw his appeal.
(2)  Where the Board grants permission under paragraph (1), it may —
(a)order the appellant to pay the costs of the Commission and the Board incurred up to the time his appeal is withdrawn; and
(b)do so on such other terms or conditions as it thinks fit to impose, including requiring the Secretary to publish a notice of the withdrawal of the appeal on the Board’s website or in such other manner as the Board may direct.