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Determination of application
13.
- (1) The office shall send written notice to the applicant and each respondent of any determination of an application for leave to appeal to a Commissioner.
(2) Subject to a direction by a Commissioner, where a Commissioner grants leave to appeal under regulation 11 -
(a) notice of appeal shall be deemed to have been sent on the date when notice of the determination is sent to the applicant; and
(b) the notice of application shall be deemed to be a notice of appeal sent under regulation 14.
(3) If a Commissioner grants an application for leave to appeal he may, with the consent of the applicant and each respondent, treat and determine the application as an appeal.
Notice of appeal
14.
- (1) Subject to regulation 13(2), an appeal shall be made by notice in writing and shall contain -
(a) the name and address of the appellant;
(b) the date on which the appellant was notified that leave to appeal had been granted;
(c) the grounds on which the appellant intends to rely;
(d) if the appeal is made late, the grounds for seeking late acceptance; and
(e) an address for sending notices and other documents to the appellant.
(2) The notice in paragraph (1) shall have with it copies of -
(a) the notice informing the appellant that leave to appeal has been granted;
(b) the decision against which leave to appeal has been granted; and
(c) if separate, the written statement of the appeal tribunal's reasons for it.
Time limit for appealing after leave obtained
15.
- (1) Subject to paragraph (2), a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
(2) A Commissioner may for special reasons accept a late notice of appeal.
Acknowledgement of a notice of appeal and notification to each respondent
16.
The office shall send -
(a) to the appellant, an acknowledgement of the receipt of the notice of appeal; and
(b) to each respondent, a copy of the notice of appeal.
PART III
PROCEDURE
Representation
17.
A party may conduct his case himself (with assistance from any person if he wishes) or be represented by any person whom he may appoint for the purpose.
Directions on notice of appeal
18.
- (1) As soon as practicable after the receipt of a notice of appeal a Commissioner shall give any directions that appear to him to be necessary, specifying -
(a) the parties who are to be respondents to the appeal; and
(b) the order in which and the time within which any party is to be allowed to make written observations on the appeal or on the observations made by any other party.
(2) If in any case two or more persons who were parties to the proceedings before the appeal tribunal give notice of appeal to a Commissioner, a Commissioner shall direct which one of them is to be treated as the appellant and thereafter, but without prejudice to any rights or powers conferred on appellants by these Regulations, any other person who has given notice of appeal shall be treated as a respondent.
(3) Subject to an abridgement of time under regulation 5(2)(a), the time specified in directions given under paragraph (1)(b) shall be not less than one month beginning with the day on which the notice of the appeal or, as the case may be, the observations were sent to the party concerned.
General Directions
19.
- (1) Where a Commissioner considers that an application or appeal made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application or appeal, or any respondent, to furnish any further particulars as may reasonably be required.
(2) In the case of an application for leave to appeal, or an appeal from a an appeal tribunal, a Commissioner may, before determining the application or appeal, direct the tribunal to submit a statement of such facts or other matters as he considers necessary for the proper determination of that application or appeal.
(3) At any stage of the proceedings, a Commissioner may, on or without an application, give any directions as he may consider necessary or desirable for the efficient despatch of the proceedings.
(4) A Commissioner may direct any party before him to make any written observations as may seem to him necessary to enable the question at issue to be determined.
(5) An application under paragraph (3) shall be made in writing to a Commissioner and shall set out the direction which the applicant seeks.
(6) Unless a Commissioner shall otherwise determine, the office shall send a copy of an application under paragraph (3) to every other party.
Procedure on linked case notice from the Department
20.
Any notice from the Department to a Commissioner under Article 28ZB of the Order[10] (Appeal involving issues that arise on appeal in other cases) shall be in writing and shall identify each appeal or application to which it relates.
Requests for hearings
21.
- (1) Subject to paragraphs (2), (3) and (4) a Commissioner may determine any proceedings without a hearing.
(2) Where a request for a hearing is made by any party, a Commissioner shall grant the request unless he is satisfied that the proceedings can properly be determined without a hearing.
(3) Where a Commissioner refuses a request for hearing, he shall send written notice to the person making the request, either before or at the same time as making his determination or decision.
(4) A Commissioner may, without an application and at any stage, direct a hearing.
Hearings
22.
- (1) This regulation applies to any hearing of an application or appeal to which these Regulations apply.
(2) Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.
(3) Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.
(4) If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party's absence, or may give directions with a view to the determination of the case.
(5) Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.
(6) Where a Commissioner holds a hearing the applicant or appellant, every respondent and, with the leave of a Commissioner, any other person, shall be entitled to be present and be heard.
(7) Any person entitled to be heard at hearing may -
(a) address the Commissioner;
(b) with the leave of the Commissioner, give evidence, call witnesses and put questions directly to any other person called as a witness.
Summoning of witnesses
23.
- (1) Subject to paragraph (2), a Commissioner may summon any person to attend a hearing as a witness, at such time and place as may be specified in the summons, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
(2) A person shall not be required to attend in obedience to a summons under paragraph (1) unless he has been given at least 14 days' notice before the date of the hearing or, if less than 14 days, has informed the Commissioner that he accepts such notice as he has been given.
(3) Upon the application of a person summoned under this regulation, a Commissioner may set the summons aside.
(4) A Commissioner may require any witness to give evidence on oath and for this purpose an oath may be administered in due form.
Withdrawal of applications for leave to appeal and appeals
24.
- (1) At any time before it is determined, an applicant may withdraw an application to a Commissioner for leave to appeal against a decision of an appeal tribunal by giving written notice to a Commissioner.
(2) At any time before the decision is made, the appellant may withdraw his appeal with the leave of a Commissioner.
(3) A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been withdrawn in accordance with paragraphs (1) and (2) and, on giving leave, he may make directions as to the conduct of the proceedings.
Irregularities
25.
Any irregularity resulting from failure to comply with the requirements of these Regulations shall not, by itself, invalidate any proceedings and the Commissioner, before reaching his decision, may waive the irregularity or take steps to remedy it.
PART IV
DECISIONS
Determinations and decisions of a Commissioner
26.
- (1) The determination of a Commissioner on an application for leave to appeal shall be in writing and signed by him.
(2) The decision of a Commissioner on an appeal shall be in writing and signed by him and, unless it was a decision made with the consent of the parties, he shall include the reasons.
(3) The office shall send a copy of the determination or decision and any reasons to each party.
(4) Without prejudice to paragraphs (2) and (3), a Commissioner may announce his determination or decision at the end of a hearing.
(5) When giving his decision on an application or appeal, whether in writing or orally, a Commissioner shall omit any reference to the surname of any child to whom the application or appeal relates and any other information which would be likely, whether directly or indirectly, to identify that child.
Correction of accidental errors in decisions
27.
- (1) Subject to regulations 6 and 29, the Commissioner who gave the decision may at any time correct accidental errors in any decision or record of a decision.
(2) A correction made to, or to the record of, a decision shall become part of the decision or record, and the office shall send written notice of the correction to any party to whom notice of the decision has been sent.
Setting aside decisions on certain grounds
28.
- (1) Subject to regulations 6 and 29, on an application made by any party, the Commissioner who gave the decision in proceedings may set it aside where it appears just to do so on the ground that -
(a) a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative, or was not received at an appropriate time by the Commissioner; or
(b) a party or his representative was not present at a hearing before the Commissioner; or
(c) there has been some other procedural irregularity or mishap.
(2) An application under this regulation shall be made in writing to a Commissioner within one month from the date on which the office gave written notice of the decision to the party making the application.
(3) Unless the Commissioner considers that it is unnecessary for the proper determination of an application made under paragraph (1), the office shall send a copy of it to each respondent, who shall be given a reasonable opportunity to make representations on it.
(4) The office shall send each party written notice of a determination of an application to set aside a decision and the reasons for it.
Provisions common to regulations 27 and 28
29.
- (1) In regulations 27 and 28, the word "decision" shall include determinations of applications for leave to appeal as well as decisions on appeals.
(2) There shall be no appeal against a correction or a refusal to correct under regulation 27 or a determination given under regulation 28.
PART V
APPLICATIONS TO A COMMISIONER FOR LEAVE TO APPEAL TO THE COURT OF APPEAL
Applications to a Commissioner for leave to appeal to the Court of Appeal
30.
- (1) Subject to paragraph (2), an application to a Commissioner under Article 26 of the Order for leave to appeal against a decision of a Commissioner shall be made in writing, stating the grounds of the application, within three months from the date on which the applicant was sent written notice of the decision.
(2) Subject to a direction by a Commissioner, in calculating any time for applying for leave to appeal under paragraph (1), there shall be disregarded any day before the day -
(a) on which notice was sent of a correction of a decision or the record of it under regulation 27; or
(b) on which notice was sent of a determination that a decision shall not be set aside under regulation 28.
(3) Paragraphs (1) and (3) of regulation 24 shall apply to an application to a Commissioner for leave to appeal from a Commissioner's decision as they apply to the proceedings in that regulation.
Irvine of Lairg, C.
Dated 12th May 1999
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations make provision for the procedure to be followed in proceedings before a Child Support Commissioner under the Child Support (Northern Ireland) Order 1991. These Regulations revoke the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1993 and amending instruments and are necessary as a result of the introduction of the unified appeals tribunals established under the Social Security (Northern Ireland) Order 1998.
Notes:
[10]
Article 28ZB was inserted in the Order by Article 43 of the Social Security (Northern Ireland) Order 1998 [S.I. 1998/1506 (N.I. 10)]back
ISBN
0 337 93529 7
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