PART 5 Appeals from the Tribunal

Permission to appeal to the Court of Appeal or Court of Session

28.—(1) A request to the Tribunal for permission to appeal to the Court of Appeal or to the Court of Session may be made by the applicant—

(a) orally at the hearing immediately following the announcement of the decision by the Tribunal; or

(b) by way of a request filed not later than 14 days after the date on which the notification of the decision is received by the person seeking permission; or

(c) by way of a request filed not later than 14 days after the date on which the notification under rule 27(6) (review) is received by the person making the application.

(2) When a request for permission is made under paragraph (1)(b) or (c), it must be signed by the applicant and must—

(a) state the name and address of the applicant and any representative of the applicant;

(b) identify the decision of the Tribunal to which the request relates; and

(c) state the grounds on which the applicant intends to rely before the Court of Appeal or the Court of Session.

Decision as to permission to appeal to the Court of Appeal or the Court of Session

29.—(1) A request for permission to appeal to the Court of Appeal or to the Court of Session under rule 28(1)(b) or (c) (permission to appeal) must be decided without an oral hearing unless the Tribunal considers that special circumstances make a hearing desirable.

(2) The decision of the Tribunal following a request for permission to appeal to the Court of Appeal or to the Court of Session, together with the reasons for the decision, must be recorded in writing.

(3) The Tribunal must serve the written record in paragraph (2) on the applicant and each of the other parties.

(4) If the Tribunal refuses the request, the notification under paragraph (3) must include notification of the time within which a request may be made to the Court of Appeal or the Court of Session for permission to appeal to that court.

Appeal remitted by the Court of Appeal or the Court of Session for rehearing

30.  Where the Court of Appeal or the Court of Session remits an appeal to the Tribunal—

(a) these Rules, so far as relevant and subject to any direction that the court may give when remitting the matter, apply to the remitted case as they did to the original hearing of the appeal; and

(b) the Tribunal must, within 28 days of the remittal, give directions in relation to the case.

EXPLANATORY NOTE

(This note is not part of the Order)

The Consumer Credit Appeals Tribunal Rules regulate the practice and procedure to be followed when appeals are made to the Consumer Credit Appeals Tribunal established by section 40A of the Consumer Credit Act 1974. Appeals to the Tribunal are against decisions of the Office of Fair Trading under section 41 of the 1974 Act or under section 44(2)(c) of the Money Laundering Regulations 2007.

Part 1 of the Rules contains provisions about commencement and interpretation.

Part 2 of the Rules sets out the general powers of the Tribunal, for example to make such directions as are necessary for the effective conduct of the proceedings and to strike out a party’s case.

Part 3 of the Rules provides for the procedure to be followed by the parties when an appeal is initiated. It contains rule 15 (notice of appeal) and rule 16 (regulator’s statement of case). Rule 15 sets out what an appellant’s notice of appeal should contain and the documents that should accompany it. Likewise the Regulator’s statement of case in rule 16. Both documents must be sent, with any accompanying material, to the Tribunal and to the other party.

Part 4 of the Rules contains provisions that are necessary to ensure the proper conduct of the appeal hearing. This Part contains rules such as when there does not need to be an oral hearing, when a hearing should be held in private and the procedure to be followed when a party fails to attend a hearing. This Part also contains rules about the publication and notification of the Tribunal’s decision.

Part 5 of the Rules makes provision for bringing an appeal from the Tribunal’s decision to the Court of Appeal in England, Wales or Northern Ireland or the Court of Session in Scotland. It also contains rule 30 which applies these Rules to a case that is remitted back to the Tribunal by the Court of Appeal or the Court of Session.

An initial assessment was completed and did not indicate that the proposals were likely to lead to additional costs or savings for business, charities or the voluntary sector. As such an Impact Assessment was not prepared.