Notice of Appeal
In the event that the VSC shall decide that any video game is not suitable for a classification certificate it shall communicate such decision (with reasons) by notice in writing (which shall include communication by way of email) to the person applying for any such classification certificate. The person applying for any such classification certificate (‘Appellant’) shall have 30 days from the date of such notice in writing to give notice in writing (which shall include communication by way of email) of the intention to appeal against such decision. Such notice of appeal shall be addressed to
The Secretary of the GAP and shall:
The Appeal Fee
- Set out the name and address of the Appellant.
- Identify the decision which the Appellant wishes to appeal against.
- Contain a concise statement of the grounds of the appeal.
- Identify any documents or evidence upon which the Appellant wishes to rely.
- Identify any point of law or fact upon which the Appellant wishes to rely.
- Contain an agreement to pay the appeal fee and the expenses of the VSC (up to a maximum of FIVE THOUSAND POUNDS) in the event that the Appeals Panel decides that the appeal is frivolous or vexatious and that the Appellant should pay such expenses. An appeal may be considered "frivolous" if the Appeals Panel considers there is little prospect that it can ever succeed and it is lacking in substance or seriousness. An appeal may be considered “vexatious" if the Appeals Panel considers it is instituted maliciously or based on improper motives intended to harass or annoy.
The appeal fee shall be in the sum of UK£2,500.00 (TWO THOUSAND FIVE HUNDRED UK POUNDS) plus value added tax (if applicable). Upon receipt of any notice of appeal an invoice for the appeal fee shall be sent to the Appellant. No further action and no time limits shall commence until the appeal fee is paid.
Reply from the VSC
Within 14 days of the date of any notice of appeal or payment of the appeal fee (whichever is the later) the VSC shall send to the Secretary of the GAP:
A copy of the notice in writing setting out its decision not to grant a classification certificate.
Details of any representations that the VSC wishes to make.
Copies of any documents upon which the VSC wishes to rely.
The Secretary of the GAP shall send details of any reply received from the VSC to the Appellant.
Reply from the Appellant
Within 14 days of receipt by the Appellant of the details of any reply received from the VSC the Appellant shall give notice to the Secretary of the GAP of any further representations or documents upon which the Appellant wishes to rely.
Service of Documents
The Secretary of the GAP shall upon receipt of any notice or document from any party pursuant to these provisions forthwith send a copy thereof to the other party. Such notice or document may be sent by email or by recorded delivery post.
The GAP may at its discretion accept for consideration any written representations, documents or other material submitted to it by any person other than the Appellant who appears to the GAP to have an interest in the outcome or determination of an appeal.
If the GAP accepts any such written representations, documents or other material it shall forthwith send copies thereof to the parties to the appeal to enable each such party to consider whether to request that person to attend as a witness or to rely upon such written representations, documents or other material without any need to attend as a witness.
The GAP may at its discretion make such directions as to the conduct of any appeal as it shall consider to be in the interests of justice including (but not by way of limitation) the dispensing of any steps required or authorised by these provisions, directing that any steps be taken other than as specified in these provisions or extending the time limits set out in these provisions.
The failure by any party to comply with any procedural requirement in these provisions may not invalidate any decision of the GAP and the GAP shall if it considers that any party has been prejudiced take such steps as it considers fit to cure any such irregularity before deciding any appeal provided that the GAP shall ensure that any such irregularity (or steps taken to cure any such irregularity) does not leave any appeal decision open to judicial review or other legal challenge.
The GAP shall fix the date, time and place of the hearing of an appeal and shall give each party at least 14 days in writing (including communication by way of email) of such details.