Article 4 Appeals by way of case stated to the Court of Appeal

At the end of Order 61 there shall be added the following—

“Application for leave to appeal to the Court of Appeal from the Tribunal established under section 91 of the Northern Ireland Act 1998

15

(1)

In this rule and rule 16—

• “the Act” means the Northern Ireland Act 1998^f1; and

• “the Tribunal” means the Tribunal established under section 91 of the Act.

(2)

An application for leave to appeal to the Court of Appeal under section 92 of the Act shall be made within 28 days of the date of the Tribunal’s decision to refuse leave to appeal.

(3)

Such an application shall be made ex parte by lodging the following documents in the Central Office, namely:

(a)

a certified copy of the Tribunal’s decision to refuse to grant leave to appeal; and

(b)

a statement of the grounds of the application.

(4)

The proper officer shall notify the parties of the determination of the Court of Appeal.

(5)

Where leave to appeal has been granted the applicant shall notify the Chairman of the Tribunal.

Appeal from the Tribunal

16

(1)

Where leave to appeal to the Court of Appeal under section 92 of the Act has been granted by the Tribunal, or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.

(2)

On entering the appeal for hearing a copy of the order granting leave to appeal by the Tribunal or by the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.”.