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PART 5 Appeals from the Tribunal in appeals and applications

Permission to appeal to the High Court

35.—(1) A request to the Tribunal for permission to appeal to the High Court 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 written request filed not later than 28 days after the date on which the notification of the decision is received by the party making the application; or

(c) by way of a written request filed not later than 28 days after the date on which the person making the application receives the notification under rule 34(9) (review of Tribunal’s decision).

(2) A written request under paragraph (1)(b) or (c), 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 High Court.

Decision as to permission to appeal to the High Court

36.—(1) The request for permission to appeal to the High Court must be decided on the papers 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 High Court, together with the reasons for its decision, must be recorded in writing.

(3) The Tribunal must notify the applicant and each of the other parties of the decision and the reasons for the decision in writing.

(4) If the Tribunal refuses the request, the notification to the applicant under paragraph (3) must inform the applicant of the right to seek permission to appeal from the High Court.

Appeal remitted by the High Court for rehearing

37.  Where the High Court remits an appeal to the Tribunal for rehearing and determination (“the rehearing”)—

(a) these Rules, so far as relevant, apply to the rehearing as they did to the original hearing of the appeal or application; and

(b) the Tribunal must, within 28 days of the date on which the High Court ordered remittal, give directions in relation to the rehearing.

PART 6 Special provisions for references

Notice of reference

38.—(1) For the purposes of this Part, and where these Rules are stated as applying to the proceedings in a reference, “party” means the referrer or a respondent.

(2) A reference must be made by way of a reference notice and filed by the referrer.

(3) The reference notice must state—

(a) whether the referrer is the Attorney General or the Commission;

(b) the name and address of the referrer’s representative;

(c) a copy of the Attorney General’s consent if the referrer is the Commission;

(d) a statement of the question being referred;

(e) if relevant, the circumstances out of which the reference has arisen;

(f) the reason for the reference;

(g) a statement of any relevant law;

(h) a list of any relevant authorities;

(i) a list of any other supporting documents that the referrer considers is relevant to the reference and would assist the Tribunal; and

(j) those persons that the referrer thinks may be affected by the reference and why.

(4) The referrer may include an application for directions with the reference notice which may be decided in accordance with rule 3 (directions).

(5) Upon receiving a reference notice the Tribunal will —

(a) enter the particulars in the register;

(b) publish details of the reference and information about how a person likely to be affected by the reference can request to be a party to the reference (“the respondent”);

(c) notify the Commission or the Attorney General, as appropriate, that—

(i) the reference has been made; and

(ii) they should inform the Tribunal, no later than 28 days after the date that the notification is received, of whether they intend to be a respondent.

(6) The Tribunal will consider the requests it receives by virtue of the information published in accordance with paragraph (5)(b) and make a direction specifying the persons it has decided should be made a respondent.

(7) The Tribunal will notify in writing those persons specified in a direction in paragraph (6).

Respondent’s notice

39.—(1) The Tribunal will send to the referrer and to persons selected as being respondents under rule 38(6) (notice of reference) a copy of the reference notice.

(2) A respondent must file a respondent’s notice not later than 28 days beginning on the day after the document in paragraph (1) is received by the respondent.

(3) The respondent’s notice must state—

(i) the name of the respondent;

(ii) the address for service;

(iii) the name and address of the respondent’s representative (if any);

(iv) the name of a contact person (if appropriate);

(v) a full account of the impact that the Tribunal’s determination of the question being referred may have on the respondent or other persons identified by the respondent;

(vi) any other matters that the respondent thinks the Tribunal should take into account when determining the reference; and

(vii) whether the respondent intends to appear at the hearing or alternatively, make any representations in writing.

(4) The respondent’s notice must be accompanied by a list of authorities and any other supporting documents relied on in support of the respondent’s case.

(5) The respondent may include a request for directions with the respondent’s notice in accordance with rule 3 (directions).

(6) At the same time as filing the respondent’s notice and the list in paragraph (4) the respondent must send to the referrer and any other respondent a copy of the notice.

Procedure at the reference hearing

40.—(1) After the notice of reference and the respondent’s notice have been filed, the Tribunal must convene a directions hearing.

(2) The parties must be given 28 days notice of the time and place of the hearing under paragraph (1).

(3) Part 1, 2 (except for rule 4), 4 (except for rules 24 and 34) and 5 (except for rule 35(1)(c)) apply to the determination of a reference by the Tribunal as they apply to the determination of an appeal or application.

(4) The referrer may seek the Tribunal’s permission to withdraw a reference made under rule 38 (notice of reference).