SCHEDULES

SCHEDULE 5Proceedings under Part 1 of the 1998 Act

I14

For section 49 there is substituted—

49 Further appeals

1

An appeal lies to the appropriate court—

a

from a decision of the Tribunal as to the amount of a penalty under section 36;

b

from a decision of the Tribunal as to the award of damages or other sum in respect of a claim made in proceedings under section 47A or included in proceedings under section 47B (other than a decision on costs or expenses) or as to the amount of any such damages or other sum; and

c

on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.

2

An appeal under this section—

a

may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and

b

requires the permission of the Tribunal or the appropriate court.

3

In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.