- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsection (2) below, a party to an appeal under section 6A of this Act may appeal on a question of law to the appropriate court from a decision of [F2a Northern Ireland Social Security Commissioner] under that section.
(2)No appeal under this section shall lie from a decision except—
(a)with the leave of the Commissioner who gave the decision or, in a case prescribed by regulations, [F2a Northern Ireland Social Security Commissioner] selected in accordance with regulations; or
(b)if he refuses leave, with the leave of the appropriate court.
(3)On an application to [F2a Northern Ireland Social Security Commissioner] for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—
(a)the Court of Session if it appears to him that the person who appealed to [F3the tribunal concerned] is ordinarily resident in Scotland;
(b)the Court of Appeal in Northern Ireland if it appears to him that that person is ordinarily resident in Northern Ireland;
(c)the Court of Appeal if it appears to him that that person is ordinarily resident elsewhere.
But if it appears to the Commissioner, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
(4)Regulations may make provision as to—
(a)the manner in which, and the time within which, applications to [F2a Northern Ireland Social Security Commissioner] for leave to appeal under this section must be made;
(b)the procedure for dealing with such applications.]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: