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The Appeals from the Upper Tribunal to the Court of Appeal Order 2008

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Appeals from the Upper Tribunal to the Court of Appeal Order 2008 No. 2834

Draft Order laid before Parliament under section 49(5) of the Tribunals, Courts and Enforcement Act 2007, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2008 No.

Tribunals And Inquiries, England And Wales

Tribunals And Inquiries, Northern Ireland

The Appeals from the Upper Tribunal to the Court of Appeal Order 2008

Made

***

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the power conferred by section 13(6) of the Tribunals, Courts and Enforcement Act 2007(1).

A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 49(5) of that Act.

1.  This Order may be cited as the Appeals from the Upper Tribunal to the Court of Appeal Order 2008 and shall come into force on 3rd November 2008.

2.  Permission to appeal to the Court of Appeal in England and Wales or leave to appeal to the Court of Appeal in Northern Ireland shall not be granted unless the Upper Tribunal or, where the Upper Tribunal refuses permission, the relevant appellate court, considers that—

(a)the proposed appeal would raise some important point of principle or practice; or

(b)there is some other compelling reason for the relevant appellate court to hear the appeal.

By authority of the Lord Chancellor

Parliamentary Under-Secretary of State,

Ministry of Justice

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order sets out the grounds on which permission (or leave) to appeal from the Upper Tribunal to the Court of Appeal may be granted.

A Regulatory Impact Assessment was prepared for the Tribunals, Courts and Enforcement Act 2007. This can be found at:

http://www.justice.gov.uk/publicationw/tribunalscourtsandenforcementact.htm

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