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7.—(1) Subject to paragraph (3) below, where the Commissioner is of the opinion that an appeal does not lie to, or cannot be entertained by, the Tribunal, or that the notice of appeal discloses no reasonable grounds of appeal, he may include in his reply under rule 6(2) above a notice to that effect stating the grounds for such contention and applying for the appeal to be struck out.
(2) An application under this rule may be heard as a preliminary issue or at the beginning of the hearing of the substantive appeal.
(3) This rule does not apply in the case of an appeal under section 48(3) of the Act.
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