The Child Support Commissioners (Procedure) Regulations 1992

PART II APPLICATIONS FOR LEAVE TO APPEAL AND APPEALS TO A COMMISSIONER

Application to the chairman of an appeal tribunal or to a Commissioner for leave to appeal to a Commissioner

2.—(1) An application for leave to appeal to a Commissioner from the decision of an appeal tribunal shall be made—

(a) in the case of an application to the chairman of an appeal tribunal, within the period of 3 months beginning with the date on which notice of the decision of the tribunal was given or sent to the applicant; or

(b) in the case of an application to a Commissioner, within the period of 42 days beginning with the date on which notice of the refusal of leave to appeal by the chairman of the appeal tribunal was given or sent to the applicant.

(2) Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of an appeal tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under paragraph 3 of Schedule 3 to the Act to act as a chairman of appeal tribunals.

(3) Subject to paragraph (4), an application may be made to a Commissioner for leave to appeal against a decision of an appeal tribunal only where the applicant has been refused leave to appeal by the chairman of the appeal tribunal.

(4) Where there has been a failure to apply to the chairman of the tribunal, either within the time specified in paragraph (1)(a) or at all, an application for leave to appeal may be made to a Commissioner who may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

(5) A Commissioner may accept and proceed to consider and determine an application for leave to appeal under paragraph (3) notwithstanding that the period specified for making the application has expired if for special reasons he thinks fit.

Notice of application for leave to appeal to a Commissioner

3.—(1) An application for leave to appeal shall be brought by a notice in writing to the clerk to the tribunal at the Central Office of Child Support Appeal Tribunals at Anchorage Two, Anchorage Quay, Salford Quays, Manchester, M5 2YN or, as the case may be, to a Commissioner, and shall contain—

(a) the name and address of the applicant;

(b) the grounds on which the applicant intends to rely;

(c) an address for service of notices and other documents on the applicant; and

(d) where the applicant is to be represented by a person who is not a barrister, advocate or solicitor, the written authority of the applicant for that person to represent him,

and the notice shall have annexed to it a copy of the decision against which leave to appeal is being sought.

(2) In the case of an application for leave to appeal to a Commissioner made to a Commissioner where the applicant has been refused leave to appeal by the chairman of an appeal tribunal the notice shall also have annexed to it a copy of the decision refusing leave to appeal, and shall state the date on which the applicant was given notice of the refusal of leave.

(3) Where the applicant has failed to apply within the time specified in regulation 2(1)(a) or, as the case may be, 2(1)(b) for leave to appeal, the notice of application for leave to appeal shall, in addition to complying with paragraph (1), state the grounds relied upon for seeking acceptance of the application notwithstanding that the relevant period has expired.

(4) In a case where the application for leave to appeal is made by a child support officer he shall send a copy of the application to each person who was a party to the proceedings before the appeal tribunal, and in any other case the clerk to the tribunal or, as the case may be, the Office of the Commissioner shall send a copy of the application to each person, other than the applicant, who was such a party.

(5) An applicant for leave to appeal to a Commissioner may at any time before the application is determined withdraw it by giving written notice of withdrawal to the clerk to the tribunal or, as the case may be, to the Commissioner.

Determination of applications for leave to appeal

4.—(1) The determination of an application for leave to appeal to a Commissioner made to the chairman of an appeal tribunal shall be recorded in writing by the chairman and a copy of the determination shall be sent by the clerk to the tribunal to the applicant and every other person to whom notice of the application was given under regulation 3(4).

(2) Unless a Commissioner directs to the contrary, where a Commissioner grants leave to appeal on an application made in accordance with regulation 3, notice of appeal shall be deemed to have been duly given on the date when notice of the determination was given to the applicant and the notice of application shall be deemed to be a notice of appeal duly served under regulation 5.

(3) If on consideration of an application for leave to appeal to him from the decision of an appeal tribunal the Commissioner grants leave he may, with the consent of the applicant and each respondent, treat the application as an appeal and determine any question arising on the application as though it were a question arising on an appeal.

Notice of appeal

5.—(1) Subject to regulation 4(2), an appeal shall be brought by a notice to a Commissioner containing—

(a) the name and address of the appellant;

(b) the date on which leave to appeal was granted;

(c) the grounds on which the appellant intends to rely;

(d) an address for service of notices and other documents on the appellant,

and the notice shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.

Time limit for appealing

6.—(1) Subject to paragraph (2), a notice of appeal shall not be valid unless it is served on a Commissioner within 42 days of the date on which the applicant was given notice in writing that leave to appeal had been granted.

(2) A Commissioner may accept a notice of appeal served after the expiry of the period prescribed by paragraph (1) if for special reasons he thinks fit.

Directions on notice of appeal

7.—(1) As soon as practicable after the receipt of a notice of appeal a Commissioner shall give such directions as 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 the Act or these Regulations, any other person who has given notice of appeal shall be treated as a respondent.

(3) Subject to regulation 23(2)(b), the time specified in directions given under paragraph (1)(b) as being the time within which written observations are to be made shall be not less than 30 days 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.

Acknowledgement of a notice of appeal and notification to each respondent

8.  There shall be sent by the office of the Child Support Commissioners—

(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.

Secretary of State as respondent to an appeal

9.  The Secretary of State may at any time apply to a Commissioner for leave to intervene in an appeal pending before a Commissioner, and if such leave is granted the Secretary of State shall thereafter be treated as a respondent to that appeal.