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Paragraph 16 Application to a Chairman for leave to appeal from a tribunal to a Commissioner

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this paragraph, an application to the chairman of a tribunal for leave to appeal to a Commissioner from a decision of the tribunal shall be made —

(a)

orally at the hearing after the decision is announced by the tribunal; or

(b)

as provided by regulation 10 and Schedule 1.

(2)

Where an application in writing for leave to appeal is made by an adjudication officer, the clerk to the tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

(3)

The decision of the chairman on an application for leave to appeal made under sub-paragraph (1)(a) shall be recorded in the record of the proceedings of the tribunal, and an application under sub-paragraph (1)(b) shall be recorded in writing and a copy shall be sent to each party to the proceedings.

(4)

Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under section 97(2D) of the 1975 Act to act as a chairman of tribunals.

(5)

A person who has made an application to the chairman of a tribunal for leave to appeal to a Commissioner may withdraw his application at any time before it is determined by giving written notice of intention to the chairman.