The Welsh Language Tribunal Rules 2015

PART G AFTER THE HEARING

Application or proposal for review of the Tribunal’s decision

48.—(1) A party may apply to the Secretary of the Tribunal for the decision of the President or the tribunal panel to be reviewed on the grounds that—

(a) the decision was wrongly made as a result of a material error on the part of the Tribunal administration,

(b) a party, who was entitled to be heard at the hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear, or

(c) there was an obvious and material error in the decision.

(2) An application for a decision of the Tribunal to be reviewed must be made—

(a) in writing stating the grounds,

(b) no later than 28 days after the date on which the decision was sent to the parties.

(3) The President may—

(a) on the application of a party under paragraph (1) or on the President’s own initiative, review and set aside or vary any decision made by the Tribunal on a ground referred to in paragraph (1),

(b) refuse an application for a review of the Tribunal’s decision in accordance with paragraph (5).

(4) The President must, upon setting aside the decision of a tribunal panel under paragraph (3) order a rehearing before a differently constituted tribunal panel.

(5) Even if persuaded that one or more of the grounds referred to in paragraph (1) has been established, the President may refuse the application for a review, in whole or in part if, in the view of the President, the interests of justice justify it.

(6) The President must, before granting an application for a review, give the parties an opportunity to be heard.

(7) If a decision is set aside or varied following a review under this rule, the Secretary of the Tribunal must alter the entry in the Register and must notify the parties accordingly.

Review of Tribunal’s decision not to extend the period in which proceedings must be commenced

49.—(1) A decision by the Tribunal not to extend the time for submitting a notice of application under rule 11 may be reviewed under rule 48 on the application of a person as if the person was a party to the application.

(2) If an application for review is made under paragraph (1), the Secretary of the Tribunal must serve a copy of the application on the Commissioner and give the Commissioner a notice inviting written representations within a specified period.

Consideration of an application for permission to appeal to the High Court

50.—(1) On receiving an application under sections 59, 97, 101 or 105 of the Measure for permission to appeal to the High Court, the President must first consider, taking into account the overriding objective, whether or not to review the Tribunal’s decision in accordance with rule 48, unless the President has already reviewed the decision or refused an application to review it.

(2) If the President decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or to that part of it to which the proposed appeal relates, the President must then consider whether to give permission to appeal in relation to the decision or that part of it.

Power to suspend Tribunal’s decision

51.  The Tribunal may, on the application of a party or on the Tribunal’s own initiative, make an order to suspend the effect of the tribunal panel’s decision pending the determination by the Tribunal or the High Court of an application for permission to appeal against, and any appeal or review of, that decision.

Orders of the High Court

52.—(1) If any decision of the Tribunal is set aside, varied or altered in any way by order of the High Court, the Secretary of the Tribunal must alter the entry in the Register to correspond to that order and must notify the parties accordingly.

(2) If the appeal or the claim is remitted to the Tribunal by order of the High Court, to be reheard by the Tribunal, the Secretary of the Tribunal must notify the parties that, during a period of 15 working days (or a shorter period as agreed by the parties) each party may submit a supplementary case statement and further written evidence.

(3) If an order to strike out a notice of application is quashed or set aside by the High Court, the Secretary of the Tribunal must notify the parties—

(a) if the case statement period had not expired before the order to strike out took effect—

(i) that a new case statement period is to commence, and

(ii) that, within the new case statement period, the parties may submit the documents referred to in sub-paragraph (b) in respect of a case statement or evidence submitted before the strike out took effect, or

(b) where sub-paragraph (a) does not apply, that each party has a period of 15 working days (or such shorter period as the parties may agree in writing) to submit a supplementary case statement and further written evidence.

(4) The Secretary of the Tribunal must send a copy of all case statements and written evidence received from a party during the periods referred to in paragraphs (2) and (3)(b) to the other party.