PART 4Appeals from the Tribunal
Application for permission to appeal28
1
An application to the Tribunal for permission to appeal may be made—
a
orally at the hearing immediately following the announcement of the decision by the Tribunal; or
b
by way of written application filed not later than 14 days after the notification of the decision is sent to the party making the application; or
c
by way of written application filed not later than 14 days after the notification under rule 27(7) that a decision is not to be set aside.
2
When an application is made under paragraph (1)(b) or (c), it shall be signed by the appellant and shall—
a
state the name and address of the appellant and any representative of the appellant;
b
identify the decision of the Tribunal to which the application relates; and
c
state the grounds on which the appellant intends to rely in the appeal.
Decision as to permission to appeal29
1
The application for permission to appeal shall be decided without an oral hearing unless—
a
the decision is made immediately following an oral application; or
b
the Chairman considers that special circumstances render a hearing desirable.
2
The decision of the Tribunal on an application for permission to appeal, together with the reasons for its decision, shall be recorded in writing.
3
Unless the decision is given immediately following an oral application, the Secretary shall notify the appellant and each of the other parties of the decision and the reasons for the decision in writing.
4
Where the Tribunal refuses the application, the notification to the appellant under paragraph (3) shall include notification of the time within which an application for permission to appeal to the Court of Appeal, the Court of Appeal in Northern Ireland or Court of Session may be made.
Reference remitted for rehearing30
1
The following paragraphs of this rule apply where—
a
the Court of Appeal or the Court of Session under section 104(3)(a); and
b
the Court of Appeal in Northern Ireland under Article 98(3)(a),
remits a reference to the Tribunal for rehearing and determination (“rehearing”).
2
These Rules, so far as relevant, shall apply to the rehearing as they did to the original hearing of the reference.
3
The Tribunal shall, within 28 days of the remittal, give directions in relation to the rehearing.