Rule 3 Application for leave to appealI1I2

After rule 4 there are inserted the following rules—

“Application for leave to appeal

4A.

(1)

An application for leave to appeal may be made—

(a)

orally to the tribunal upon the pronouncement in public of the tribunal’s decision or imposition of a penalty, or

(b)

in writing to the appellate court within 28 days of the pronouncement in public of the tribunal’s decision or, if later, imposition of a penalty.

(2)

An application by a respondent under sub-rule (1)(b) above shall be in form A1A in the Schedule or a document which is substantially to the like effect containing the information required by sub-rule (3).

(3)

An application by a respondent under sub-rule (1)(b) above shall—

(a)

state the full name, contact address including postcode, and telephone number of the respondent,

(b)

where the respondent is legally represented, state the name, contact address and telephone number of the solicitor acting for the respondent,

(c)

identify the tribunal which heard the complaint, and state the complaint reference number and the date or dates of the pronouncement in public of the tribunal’s decision and imposition of any penalty,

(d)

state whether the application for leave to appeal is in respect of—

(i)

findings of law or fact or both, or

(ii)

findings of law or fact or both, and also the penalty, or

(iii)

the penalty only,

(e)

be signed and dated by the respondent or the representative of the respondent.

(4)

An application by the Designated Officer under sub-rule (1)(b) shall be in form A2A in the Schedule or a document which is substantially to the like effect containing the information required by sub-rule (5).

(5)

An application by the Designated Officer under sub-rule (1)(b) above shall—

(a)

state the full name and contact details of the Designated Officer,

(b)

identify the tribunal which heard the complaint, and state the complaint reference number and the date or dates of the pronouncement in public of the tribunal’s decision and imposition of any penalty,

(c)

be signed and dated by the Designated Officer or a person duly authorised by the Designated Officer.

Documents to be attached to a written application for leave to appeal

4B.

The following documents shall be attached to an application under rule 4A(1)(b) by the party making the application—

(a)

a completed draft notice of appeal in form A1 or A2, as the case may be, setting out the reasons for appealing,

(b)

a copy of the tribunal’s decision,

(c)

if a penalty was imposed by the tribunal, a copy of the written decision imposing the penalty.

Sending or delivering a written application for leave to appeal

4C.

An application under rule 4A(1)(b) above with the attached documents shall be sent or delivered to the Provincial Registrar together with two additional copies, and at the same time a copy of the application with attached documents shall be sent or delivered by the party making the application to the Designated Officer or the respondent as the case may be.

Determination of an application for leave to appeal

4D.

(1)

An application under rule 4A(1)(b) shall be determined jointly by the Dean and one judge appointed in accordance with section 20(1B) of the Measure, and may, if the Dean so directs, be determined without a hearing.

(2)

Before determining an application without a hearing the appellate court shall give the other party 14 days within which to make written representations in response to the application, and the other party shall send or deliver to the party making the application a copy of any such representations.

(3)

The appellate court shall give leave to appeal if at least one of the judges is satisfied that there would be a real prospect of success on appeal or that there is some other compelling reason why the appeal should be heard.

(4)

The determination of an application for leave to appeal shall be put into writing by the tribunal or appellate court, as the case may be, and the determination may direct that the issues to be heard on appeal be limited in such way as the tribunal or appellate court may specify.”.