Rule 197 Appeal against a decision of a nominated officer

This rule applies in relation to decisions made under rules 195 and 196 by a nominated officer.

An appeal from a decision to which this rule applies lies to a judge of the court nominated by virtue of section 46(2)(e) of the Act.

No permission is required for an appeal under paragraph (2).

A judge determining an appeal under paragraph (2) has all the powers that an appeal judge on appeal has by virtue of rule 178.

An appeal from a decision made under paragraph (2) (“a second appeal”) lies to a judge of the court nominated by virtue of section 46(2)(d) of the Act.

A second appeal may be made from a decision of a nominated officer, and a judge to whom such an appeal is made may, if he considers the matter is one which ought to be heard by a judge of the court nominated by virtue of section 46(2)(a) to (c), transfer the matter to such a judge.

An appeal from a decision made on a second appeal lies to the Court of Appeal.