The Child Support Commissioners (Procedure) Regulations 1992

Application to a Commissioner for leave to appeal to the Courts

25.—(1) A person who was a party to the proceedings in which the original decision or appeal decision was given (both of those expressions having the meaning assigned to them by section 25 of the Act) may appoint any person for the purpose of making an application for leave to appeal under section 25 of the Act.

(2) An application to a Commissioner under section 25 of the Act for leave to appeal against a decision of a Commissioner shall be made in writing and shall be made within 3 months from the date on which the applicant was given written notice of the decision.

(3) In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for such an application to be determined by the Commissioner who decided the case, that application shall be determined—

(a) where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner; and

(b) where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.

(4) If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (3) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.

(5) Regulations 16(1) and 16(3) shall apply to applications to a Commissioner for leave to appeal from a Commissioner as they do to the proceedings therein set out.