OpenLegislation

Section 49 Appeals from Tribunal.C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An appeal from the Tribunal shallF1 lie to the High Court.

(2)

Subject to subsection (3) F2and to section 43(5) of the Administration of Justice Act 1985, an appeal shall lie at the instance of the applicant or complainant or of the person with respect to whom the application or complaint was made.

(3)

An appeal against an order under section F343(3A) shall lie only at the instance of the person with respect to whom the F4order was made.

(4)

The High Court F5... shall have power to make such order on an appeal under this section as F6it may think fit.

(5)

Subject to any rules of court, on an appeal against an order made by virtue of rules under section 46(10)(c) without hearing the applicant or complainant, the court—

(a)

shall not be obliged to hear the appellant, and

(b)

may remit the matter to the Tribunal instead of dismissing the appeal,

F7(6)

Any decision of the High Court—

(a)

on an application under section 43(3) or 47(1)(d), (e), (ea) or (f), or

(b)

against an order under section 43(3A),

shall be final.

F8(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 49(1) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 51(2) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)

F2

Words in s. 49(2) inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 51(3) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)

F3

Figure in s. 49(3) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 9(2)(a) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F4

Word in s. 49(3) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 9(2)(b) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F5

Words in s. 49(4) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 51(5)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)

F6

Word in s. 49(4) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 51(5)(b) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)

F7

S. 49(6) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 51(6) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)

F8

S. 49(7) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 51(7), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iiii) (subject to art. 4)

Modifications

C1

S. 49 extended by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 43(5), 69(5), Sch. 9 para. 9

S. 49 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 10 (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(10))

C2

S. 49 applied in part (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 25