Funding Appeal Procedure

1 An appeal against a decision by the Net Zero Technology Centre to not award funding in relation to a particular funding application (“a Funding Appeal”) is entirely a matter for the applicant of the funding application (“the Applicant”) and the Net Zero Technology Centre. Where a Funding Appeal is permitted under the terms of this Procedure, it shall proceed according to the provisions of this Procedure.

2 The Net Zero Technology Centre will communicate to the Applicant, the outcome of its decision on the application for funding (“the Funding Decision”) once such decision has been made (“the Decision Date”).

3 Only an Applicant whose funding application has been refused by the Net Zero Technology Centre shall be entitled to submit a Funding Appeal.

4 Should any Applicant wish to lodge a Funding Appeal against the decision of the Net Zero Technology Centre, they must indicate their wish to do so by emailing [email protected] by 5pm on the 5th Working Day (i.e., a day other than a Saturday or Sunday on which banks are open for normal banking business in Scotland) following the Decision Date. Such written indication shall be hereinafter referred to as a “Notice of Appeal”.

5 The Notice of Appeal shall contain full details of:

5.1 the name, address and full contact details of the Applicant, including phone number and email address;

5.2 the Funding Decision and Decision Date to which the Funding Appeal relates;

5.3 the grounds upon which the Funding Appeal is being made (reference is made to paragraph 7 below); and

5.4 whether the Applicant wishes to request a hearing, whether the Applicant wishes to produce written submissions, or whether it wishes to produce both written submissions and request a hearing. For the avoidance of doubt, the final decision whether or not to allow the Funding Appeal to be dealt with by way of a hearing, or by written submissions, or both, will be made by the person or people who shall ultimately determine the Funding Appeal.

6 If the Notice of Appeal is not submitted within the specified form and time limit set out within this procedure, the Funding Decision shall be final and binding and shall have effect immediately after the expiry of such period.

7 A Funding Appeal will only be permitted on one or more of the following grounds:

7.1 The Funding Decision was not in accordance with the Net Zero Technology Centre’s Project Screening Criteria (as amended from time to time and a copy of which is available upon request from the Applicant to the Net Zero Technology Centre);

7.2 The Net Zero Technology Centre’s Project Screening Criteria has been misapplied, or applied without sufficient evidence and/or in circumstances where the application process was unfair;

7.3 The Funding Decision has the appearance of bias, or the application process has otherwise been demonstrably unfair; and/or

7.4 The Funding Decision of the Net Zero Technology Centre is one that no reasonable funding body could have reached.
(together hereinafter referred to as the “Grounds of Appeal”)

8 Should the Applicant wish to lodge written submissions expanding upon the Notice of Appeal, such written submissions must be emailed to [email protected] no later than 5pm on the 10th Working Day following the Decision Date.

9 The Net Zero Technology Centre will generally aim respond to a Funding Appeal within 30 Working Days following the Decision Date (“the Funding Appeal Response”).

10 A party who does not make a timeous objection to the jurisdiction or composition of a person or people determining the Funding Appeal cannot raise an objection later to the Net Zero Technology Centre, in the courts or to any other party. An objection is timeous if it is made as soon as reasonably practicable after the circumstances giving rise to the ground of objection first arise.

11 Subject to the procedural rules within this Procedure, the person or people who shall determine the Funding Appeal may adopt such procedures as they consider appropriate for the determination of the matter before them, and in such cases may:

11.1 Decide whether or not the Funding Appeal will proceed by way of a hearing, by way of written submissions only, or by way of written submissions and a hearing.

11.2 Decide when and where the Funding Appeal is to be conducted (if an appeal hearing is to be permitted);

11.3 Decide upon the admissibility, relevance, materiality and weight of any evidence;

11.4 Decide whether any documents or other evidence should be disclosed to any party and if so, when such disclosures are to be made and to whom copies of the disclosed documents and information are to be given;

11.5 Decide whether any, and if so, what questions are to be put to and answered by a party;

11.6 Decide whether or not any further information is required from the Net Zero Technology Centre to allow a determination of the Funding Appeal to be made. In the event that such further information is required, the Applicant will generally be afforded the opportunity to respond to any further information supplied by the Net Zero Technology Centre.

11.7 In exceptional cases, obtain assistance from an expert to provide his opinion on any matter(s) arising from a Funding Appeal. In such cases, the parties should be given a reasonable opportunity to make representations on any written expert opinion and to hear any oral expert opinion if the expert’s evidence is given orally, and to ask questions of and/or to cross-examine the expert giving it; and

11.8 Where a matter arises that is not otherwise provided for in these Procedures, have the discretion to resolve the matter as they see fit, provided that such resolution does not materially undermine the reliability of the proceedings or otherwise cause material injustice to the parties. Such person or person(s) may, where it considers it to be appropriate to do so, in the interests of justice, depart from the express provisions within these Procedures. Where such departure is made, such departure shall not invalidate the proceedings.

12 For the avoidance of doubt, no individual who was involved in considering the original Application and in arriving at the Funding Decision to which the Funding Appeal relates, shall be involved in hearing and determining the issues in respect of the Funding Appeal.

13 The person or people determining the Funding Appeal shall have the power to:

13.1 Affirm the original decision of the Net Zero Technology Centre;

13.2 Refer the case back to the Net Zero Technology Centre for the matter to be consider afresh; and/or

13.3 Take any other step which, in the exercise of its powers such person or people considered would be appropriate to take in order to deal with Funding Appeal.

14 The Net Zero Technology Centre will notify the Applicant of the outcome of the Funding Appeal, in writing, within ten Working Days following the Funding Appeal Hearing.

15 The decision of the person or people hearing the Funding Appeal shall be final and binding on the Applicant.

If you have any further questions, please contact [email protected].