Paragraph 37 Reference to the High Court of a question of law

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. heading word substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(a)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(aa)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(bb)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(ii)
Sch. rule 21(2) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(c)
Sch. rule 26(5) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(d)
Sch. rule 37 omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(e)
Sch. rule 38(1) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(i)
Sch. rule 38(4) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(ii)
Sch. rule 45(1) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(g)

(1)

A request under section 6(1) of the 1954 Act must, unless made at the hearing, be made in writing to the Secretary within 28 days of a certified copy of the decision being delivered to the person making the request.

(2)

The request must state concisely—

(a)

the questions of law that the party making the request wishes the Tribunal to refer to the High Court; and

(b)

any issues of fact in respect of which that party contends the findings (in addition to those contained in any decision made by the Tribunal) should accompany the case stated.

(3)

The Chairman may direct the party making the request to supply a draft of the case stated.

(4)

If the Chairman considers that any question of law referred to in the request (or draft case stated) could be better framed or that it is desirable or expedient to add or substitute a similar or related question, he may invite the party making the request to amend the request (or draft) accordingly.

(5)

If the Tribunal decides to refuse the request, the Secretary must notify all parties within 14 days of the receipt of the request giving reasons for such refusal or within such extended period as the Chairman may consider necessary.

(6)

A person who intends to apply to the High Court under section 6(2) of the 1954 Act for an order directing the Tribunal to refer a question of law to the High Court—

(a)

must deliver notice of his intended application to the Secretary within 14 days of receiving notification of the refusal; and

(b)

must deliver copies of his notice to all other parties.

(7)

A case stated for the decision of the High Court must—

(a)

set out the questions of law;

(b)

attach a copy of any decision document issued by the Tribunal in relation to the proceedings;

(c)

set out such findings of fact by the Tribunal additional to those contained in the decision document as the Chairman considers relevant to the question or questions of law;

(d)

be signed by the Chairman; and

(e)

be delivered to all parties within 2 months of the date of the request or, as the case may be, the making of an order by the High Court directing the reference.