5.—(1) The powers of the Commission under the following provisions of these Rules may be exercised by the chairman or by any other member of the Commission who falls within paragraph 5(a) or (b) of Schedule 1 to the 1997 Act(1)—
(a)rule 8(5) (extensions of time for appealing [F1or applying for review]);
[F2(aa)rule 9A (directions hearing);]
(b)[F3rule 11(1)] (applications for leave to vary grounds of appeal [F4or review]);
[F5(ba)Part 4A (applications to the Commission by the Secretary of State under Schedule 4A to the 1981 Act);]
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)Part 5 (applications for leave to appeal to Court of Appeal, Court of Session or Court of Appeal in Northern Ireland);
(e)Part 6 (bail);
(f)rule 37(5) (applications for leave to amend or supplement material filed by Secretary of State);
(g)rule 39 (directions);
(h)rule 40(1) (orders upon failure to comply with directions);
(i)rule 45 (issue of witness summons); and
(j)rule 46 (orders that two or more proceedings be heard together).
(2) Anything of an administrative nature which is required or permitted to be done by the Commission under these Rules may be done by a member of the Commission’s staff.
Textual Amendments
F1Words in rule 5(1)(a) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 4(a)
F2Rule 5(1)(aa) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 4(a) (with rule 35)
F3Words in rule 5(1)(b) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 4(b) (with rule 35)
F4Words in rule 5(1)(b) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 4(b)
F5Rule 5(1)(ba) inserted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 6(2); S.I. 2023/450, reg. 2(a)
F6Rule 5(1)(c) omitted (7.5.2007) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 4(c) (with rule 35)
Commencement Information
I1Rule 5 in force at 1.4.2003, see rule 1
1997 c. 68. Paragraph 5 of Schedule 1 is amended by paragraph 25 of Schedule 7 to the 2002 Act.