Article 24 Certificates of no merit

(1)

If, when it determines an appeal or an application for permission to appeal under this Part, the Tribunal considers that—

(a)

the appeal or application to the Tribunal is vexatious or unreasonable; or

(b)

where the appellant was the party who appealed to an adjudicator, that appeal was vexatious or unreasonable,

it must issue a certificate to that effect (a “certificate of no merit”).

(2)

Where the Tribunal issues a certificate of no merit, the appellate authority must—

(a)

serve a copy of the certificate on—

(i)

every party; and

(ii)

any legal representative acting for the party against whom the certificate is issued; and

(b)

serve on the body specified in paragraph (3) a copy of—

(i)

the certificate; and

(ii)

the determination of the Tribunal upon the appeal or application for permission to appeal.

(3)

The body referred to in paragraph (2)(b) is—

(a)

the Legal Services Commission, if the certificate relates to an appeal or application which was determined in England and Wales;

(b)

the Scottish Legal Aid Board, if the certificate relates to an appeal or application which was determined in Scotland; and

(c)

the Legal Aid Committee of the Law Society of Northern Ireland, if the certificate relates to an appeal or application which was determined in Northern Ireland.