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Registered Designs Act 1949

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28 The Appeal Tribunal. E+W+S+N.I.

(1)Any appeal from the registrar under this Act shall lie to the Appeal Tribunal.

[F1(2)The Appeal Tribunal shall consist of—

(a)one or more judges of the High Court nominated by the Lord Chancellor, and

(b)one judge of the Court of Session nominated by the Lord President of that Court.]

[F2(2A)At any time when it consists of two or more judges, the jurisdiction of the Appeal Tribunal—

(a)where in the case of any particular appeal the senior of those judges so directs, shall be exercised in relation to that appeal by both of the judges, or (if there are more than two) by two of them, sitting together, and

(b)in relation to any appeal in respect of which no such direction is given, may be exercised by any one of the judges;

and, in the exercise of that jurisdiction, different appeals may be heard at the same time by different judges.]

(3)The expenses of the Appeal Tribunal shall be defrayed and the fees to be taken therein may be fixed as if the Tribunal were a court of the High Court.

(4)The Appeal Tribunal may examine witnesses on oath and administer oaths for that purpose.

(5)Upon any appeal under this Act the Appeal Tribunal may by order award to any party such costs [F3or expenses] as the Tribunal may consider reasonable and direct how and by what parties the costs [F3or expenses] are to be paid; [F4and any such order may be enforced—

(a)in England and Wales or Northern Ireland, in the same way as an order of the High Court;

(b)in Scotland, in the same way as a decree for expenses granted by the Court of Session.]

(6 )F5 The Appeal Tribunal shall, with regard to the right of audience, observe the same practice as before the first day of November, nineteen hundred and thirty—two, was observed in the hearing of appeals by the law officer.

(7)Upon any appeal under this Act the Appeal Tribunal may exercise any power which could have been exercised by the registrar in the proceeding from which the appeal is brought.

(8)Subject to the foregoing provisions of this section the Appeal Tribunal may make rules for regulating all matters relating to proceedings before it under this Act. [F6including right of audience]

[F7(8A)At any time when the Appeal Tribunal consists of two or more judges, the power to make rules under sub—section (8) of this section shall be exercisable by the senior of those judges:

Provided that another of those judges may exercise that power if it appears to him that it is necessary for rules to be made and that the judge (or, if more than one, each of the judges) senior to him is for the time being prevented by illness, absence or otherwise from making them.]

(9)An appeal to the Appeal Tribunal under this Act shall not be deemed to be a proceeding in the High Court.

[F8(10)In this section “the High Court” means the High Court in England and Wales; and for the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of that court or the Court of Session.]

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