Appeals

Determination whether appeal should be referred to court; section 76(3)72

1

Within 28 days of the date on which the notice of appeal is sent to the respondent by the registrar under rule 71(4);

a

the registrar; or

b

any person who was a party to the proceedings in which the decision appealed against was made,

may request that the person appointed refer the appeal to the court.

2

Where the registrar requests that the appeal be referred to the court, the registrar shall send a copy of the request to each party to the proceedings.

3

A request under paragraph (1)(b) shall be sent to the registrar following which the registrar shall send it to the person appointed and shall send a copy of the request to any other party to the proceedings.

4

Within 28 days of the date on which a copy of a request is sent by the registrar under paragraph (2) or (3), the person to whom it is sent may make representations as to whether the appeal should be referred to the court.

5

In any case where it appears to the person appointed that a point of general legal importance is involved in the appeal, the person appointed shall send to the registrar and to every party to the proceedings in which the decision appealed against was made, notice to that effect.

6

Within 28 days of the date on which a notice is sent under paragraph (5), the person to whom it was sent may make representations as to whether the appeal should be referred to the court.