The Investigatory Powers Tribunal Rules 2018

Application for leave to appeal

16.—(1) An applicant for leave to appeal must file an application in accordance with this rule with the Tribunal, in writing, not later than 21 days after the date on which the Tribunal gave notice under section 68(4), (4A) or (4C) of the Act or (if later) provided to the person making the application a summary of their determination or decision in accordance with rule 15.

(2) The Tribunal may accept an application filed after the expiry of the relevant period in paragraph (1) if they are satisfied that, by reason of special circumstances, it would be unjust not to do so.

(3) The application must—

(a) identify the decision or determination of the Tribunal to which it relates;

(b) in the case of an application for leave to appeal against a decision of the Tribunal, confirm that the decision does not relate to a procedural matter;

(c) state the grounds of appeal, identifying the alleged error or errors of law in the decision or determination and identifying the important point of principle or practice or compelling reason for granting leave, and

(d) be signed by the applicant or his representative, and dated.

(4) An application need not comply with the requirement in paragraph (3)(c) where—

(a) Counsel to the Tribunal has notified the Tribunal of an arguable error of law, and

(b) the Tribunal has not disclosed to the complainant the arguable error of law.

(5) The applicant must serve a copy of the application on every other complainant or respondent to the section 7 proceedings or complaint to which the appeal relates.