Practice Direction 52D - statutory appeals and appeals subject to special provision

This Practice Direction supplements CPR Part 52

Contents of this Practice Direction

Title Number
Contents of this Practice Direction Para. 
SECTION I – INTRODUCTION  
SECTION II – ROUTES OF APPEAL  
SECTION III – GENERAL PROVISIONS ABOUT STATUTORY APPEALS  
Service of appellant’s notice: rule 52.12(3) Para. 3.4
Variation of time: rule 52.15 Para. 3.5
Applications by third parties (rule 52.25) Para. 3.6
SECTION IV – SPECIFIC APPEALS  
Provisions about specific appeals Para. 4.1
Certain appeals to the High Court to be heard in Chancery Division Para. 5.1
APPEALS TO THE COURT OF APPEAL  
Appeal against decree nisi of divorce or nullity of marriage or conditional dissolution or nullity order in relation to civil partnership Para. 6.1
Appeals relating to the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union and Chapters I and II of Part I of the Competition Act 1998 Para. 7.1
Appeal from Competition Appeal Tribunal Para. 8.1
Appeals in cases of contempt of court (section 13 Administration of Justice Act 1960) Para. 9.1
Appeal from the Court of Protection Para. 10.1
Appeal from Employment Appeal Tribunal Para. 11.1
Immigration and Asylum Appeals Para. 12.1
Appeal from Patents Court on appeal from Comptroller Para. 13.1
Appeal against order for revocation of patent Para. 14.1
Appeal from Proscribed Organisations Appeal Commission Para. 15.1
Appeals in relation to serious crime prevention orders Para. 16.1
Appeal from Special Immigration Appeals Commission Para. 17.1
APPEALS TO THE HIGH COURT  
Reference of question of law by Agricultural Land Tribunal Para. 18.1
Appeals against decisions affecting the registration of architects and health care professionals Para. 19.1
Appeals under regulation 74 of the European Public Limited-Liability Company Regulations 2004 Para. 20.1
Appeals under the Extradition Act 2003 Para. 21.1
Appeals affecting industrial and provident societies etc. Para. 22.1
Appeals under section 222 of the Inheritance Tax Act 1984 and regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986 Para. 23.1
Appeal against a decision of the adjudicator under section 111 of the Land Registration Act 2002 Para. 24.1
Appeals under the Merchant Shipping Act 1995 Para. 25.1
Appeals under s 289(6) of the Town and Country Planning Act 1990 and s 65(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 26.1 Para. 26.1
Appeals from decisions of the Law Society or the Solicitors Disciplinary Tribunal to the High Court Para. 27.1
APPEALS TO THE HIGH COURT – WALES ONLY  Welsh Statutory Appeals Para. 27A.1
APPEALS TO THE COUNTY COURT  
Appeals under sections 204 and 204A of the Housing Act 1996 Para. 28.1
Appeal under Part II of the Immigration and Asylum Act 1999 (carriers’ liability) Para. 29.1
Local Government (Miscellaneous Provisions) Act 1976 Para. 30.1
Representation of the People Act 1983, National Assembly for Wales (Representation of the People) Order 2007 and Recall of MPs Act 2015 – appeals against decisions of registration officers Para. 31.1
Representation of the People Act 1983 – special provision in relation to anonymous entries in the register Para. 31.2
Representation of the People Act 1983, National Assembly for Wales (Representation of the People) Order 2007 and Recall of MPs Act 2015 - appeals selected as test cases Para. 31.3
Appeals under section 11 of the UK Borders Act 2007 Para. 32.1

Contents of this Practice Direction

This Practice Direction is divided into the following sections:

Section I –Introduction

Section II – Routes of appeal

Section III – General provisions about statutory appeals

Section IV – Specific appeals

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SECTION I – INTRODUCTION

1.1 This Practice Direction applies to all statutory appeals, and to other appeals which are subject to special provision, but not to appeals by way of case stated (to which Practice Direction 52E applies).

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SECTION II – ROUTES OF APPEAL

2.1 In this Practice Direction, the court to which an appeal lies is prescribed by statute.

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SECTION III – GENERAL PROVISIONS ABOUT STATUTORY APPEALS

3.1 This Section contains general provisions about statutory appeals (paragraphs 3.2 – 3.8). For where this Practice Direction or a statute makes additional special provision see also Section 4.

3.2 Where any of the provisions in this Section provide for documents to be filed at the appeal court, those documents are in addition to any documents required under Part 52 or Practice Direction 52B or 52C.

3.3

Subject to rule 52.9—

Where the appellant wishes to appeal against a decision of the Upper Tribunal, the appellant’s notice must be filed within 28 days of the date on which notice of the Upper Tribunal’s decision on permission to appeal to the Court of Appeal is sent to the appellant.

3.3A Where a statement of reasons for a decision is given later than the notice of that decision, the period for filing the appellant’s notice is calculated from the date on which the statement is sent to the appellant.

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Service of appellant’s notice: rule 52.12(3)

3.4

(1) The appellant must serve the appellant’s notice on the respondent and on the chairman of the tribunal, Minister of State, government department or other person from whose decision the appeal is brought.

(2) In the case of an appeal from the decision of a tribunal that has no chairman or member who acts as a chairman, the appellant’s notice must be served on the member (or members if more than one) of the tribunal.

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Variation of time: rule 52.15

3.5 Where any statute prescribes a period within which an appeal must be filed then, unless the statute otherwise provides, the appeal court may not extend that period.

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Applications by third parties (rule 52.25)

3.6 Where all the parties consent, the court may deal with an application under rule 52.12A without a hearing.

3.7 An application for permission must be made by letter to the relevant court office, identifying the appeal, explaining who the applicant is and indicating why and in what form the applicant wants to participate in the hearing.

3.8 If the applicant is seeking a prospective order as to costs, the letter must say what kind of order and on what grounds.

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SECTION IV – SPECIFIC APPEALS

Provisions about specific appeals

4.1 This Section sets out special provisions about the appeals listed in the Table below. This Section is not exhaustive and does not create, amend or remove any right of appeal.

4.2 Part 52 applies to all appeals to which this Section applies subject to any special provisions set out in this Section.

4.3 Where any of the provisions in this Section provide for documents to be filed at the appeal court, these documents are in addition to any documents required under Part 52 or Practice Direction 52B or 52C.

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Certain appeals to the High Court to be heard in Chancery Division

5.1 Any appeal to the High Court, and any case stated or question referred for the opinion of that court under any of the following enactments shall be heard in the Chancery Division –

(1) section 38(3) of the Clergy Pensions Measure 1961;

(2) regulation 74 of the European Public Limited-Liability Company Regulations 2004.

(3) the Industrial and Provident Societies Act 1965;

(4) section 222(3) of the Inheritance Tax Act 1984;

(5) the Land Registration Act 2002;

(6) paragraph 16 of Schedule 15 to the Law of Property Act 1922;

(7) section 215 or 217 of the Pensions Act 2003;

(8) section 151 of the Pension Schemes Act 1993;

(9) section 13 and 13B of the Stamp Act 1891;

(10) regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986.

Table

Statute (or description of appeal) Appropriate Court Relevant paragraph in this Practice Direction
Agricultural Land Tribunal High Court 18.1
Architects Act 1997, s. 22 High Court 19.1
Chiropractors Act 1994, s. 31 High Court 19.1
Civil Partnership – conditional order for dissolution or nullity CA 6.1
Clergy Pensions Measure 1961, s. 38(3) High Court 5.1
Competition: Articles 101 and 102 of the Treaty on the Functioning of the European Union and Chapters I and II of Part I of the Competition Act 1998 CA 7.1
Competition Appeal Tribunal CA 8.1
Contempt of Court CA 9.1
Court of Protection CA 10.1
Decree nisi of divorce or nullity of marriage CA 6.1
Dentists Act 1984, ss. 29 and 44 High Court 19.1
Employment Appeal Tribunal CA 11.1
European Public Limited-Liability Company Regulations 2004, reg. 74 High Court 20.1
Extradition Act 2003 High Court 21.1
Friendly Societies Act 1974 High Court 5.1 and 22.1
Friendly Societies Act 1992 High Court 5.1 and 22.1
Health Professions Order 2001, art. 38 High Court 19.1
Housing Act 1996, ss.204 and 204A County Court 28.1
Immigration and Asylum Act 1999, Part II County Court 29.1
Immigration and Asylum Appeals CA 12.1
Inheritance Tax Act 1984, s. 222 High Court 5.1 and 23.1
Land Registration Act 2002 High Court 5.1 and 24.1
Law of Property Act 1922, para. 16 of Sch. 15 High Court 5.1
Local Government (Miscellaneous Provisions) Act 1976 County Court 30.1
Medical Act 1983, s. 40 High Court 19.1
Medicines Act 1968, ss. 82(3) and 83 High Court 19.1
Merchant Shipping Act 1995 High Court 25.1
Nurses, Midwives and Health Visitors Act 1997, s.12 High Court 19.1
Nursing and Midwifery Order 2001 art. 38 High Court 19.1
Opticians Act 1989, s. 23 High Court 19.1
Osteopaths Act 1993, s. 31 High Court 19.1
Patents Court: on appeal from Comptroller CA 13.1
Patents: Revocation of patent CA 14.1
Pensions Act 2004, ss. 215 and 217 High Court 5.1
Pension Schemes Act 1993, s. 151 High Court 5.1
Pharmacy Act 1954 High Court 19.1
Pharmacy Order 2010, art. 58 High Court 19.1
Planning (Listed Buildings and Conservation Areas) Act 1990, s. 65 High Court 26.1
Proscribed Organisations Appeal Commission CA 15.1
Representation of the People Act 1983, s. 56 County Court 31.1–31.3
Serious Crime Prevention Orders CA 16.1
Solicitors Disciplinary Tribunal High Court 27.1
Special Immigration Appeals Commission CA 17.1
tamp Duty Reserve Tax Regulations 1986, reg. 8 High Court 5.1 and 23.1
Town and Country Planning Act 1990, s. 289 High Court 26.1
UK Borders Act 2007, s. 11 County Court 32.1
Welsh statutory appeals High Court 27A.1 – 27A.7

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APPEALS TO THE COURT OF APPEAL

Appeal against decree nisi of divorce or nullity of marriage or conditional dissolution or nullity order in relation to civil partnership

6.1

(1) The appellant must file the appellant’s notice at the Court of Appeal within 28 days after the date on which the decree was pronounced or conditional order made.

(2) The appellant must file the following documents with the appellant’s notice –

(a) the decree or conditional order; and

(b) a certificate of service of the appellant’s notice.

(3) The appellant’s notice must be served on the appropriate District Judge (see sub-paragraph (6)) in addition to the persons to be served under rule 52.12(3) and in accordance with that rule.

(4) The lower court may not alter the time limits for filing of the appeal notices.

(5) Where an appellant intends to apply to the Court of Appeal for an extension of time for serving or filing the appellant’s notice the appellant must give notice of that intention to the appropriate District Judge (see sub-paragraph 6) before the application is made.

(6) In this paragraph ‘the appropriate District Judge’ means, where the lower court is –

(a) the County Court, the District Judge of the County Court hearing centre in question;

(b) a district registry, the District Judge of that registry;

(c) the Principal Registry of the Family Division, the senior District Judge of that division.

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Appeals relating to the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union and Chapters I and II of Part I of the Competition Act 1998

7.1

(1) This paragraph applies to any appeal to the Court of Appeal relating to the application of –

(a) Article 101 or Article 102 of the Treaty on the Functioning of the European Union; or

(b) Chapter I or Chapter II of Part I of the Competition Act 1998.

(2) In this paragraph –

(a) ‘the Act’ means the Competition Act 1998;

(b) ‘the Commission’ means the European Commission;

(c) ‘the Competition Regulation’ means Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community (as amended in consequence of the Treaty on the Functioning of the European Union);

(d) ‘national competition authority’ means –

(i) the Office of Fair Trading; and

(ii) any other person or body designated pursuant to Article 35 of the Competition Regulation as a national competition authority of the United Kingdom;

(e) ‘the Treaty’ means the Treaty on the Functioning of the European Union.

(3) Any party whose appeal notice raises an issue relating to the application of Article 101 or 102 of the Treaty, or Chapter I or II of Part I of the Act, must –

(a) state that fact in the appeal notice; and

(b) serve a copy of the appeal notice on the Office of Fair Trading at the same time as it is served on the other party to the appeal (addressed to the Director of Competition Policy Co-ordination, Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX).

(4) Attention is drawn to the provisions of article 15.3 of the Competition Regulation, which entitles competition authorities and the Commission to submit written observations to national courts on issues relating to the application of Article 101 or 102 and, with the permission of the court in question, to submit oral observations to the court.

(5) A national competition authority may also make written observations to the Court of Appeal, or apply for permission to make oral observations, on issues relating to the application of Chapter I or II.

(6) If a national competition authority or the Commission intends to make written observations to the Court of Appeal, it must give notice of its intention to do so by letter to the Civil Appeals Office at the earliest opportunity.

(7) An application by a national competition authority or the Commission for permission to make oral representations at the hearing of an appeal must be made by letter to the Civil Appeals Office at the earliest opportunity, identifying the appeal and indicating why the applicant wishes to make oral representations.

(8) If a national competition authority or the Commission files a notice under sub-paragraph (6) or an application under sub-paragraph (7), it must at the same time serve a copy of the notice or application on every party to the appeal.

(9) Any request by a national competition authority or the Commission for the court to send it any documents relating to an appeal should be made at the same time as filing a notice under sub-paragraph (6) or an application under sub-paragraph (7).

(10) When the Court of Appeal receives a notice under sub-paragraph (6) it may give case management directions to the national competition authority or the Commission, including directions about the date by which any written observations are to be filed.

(11) The Court of Appeal will serve on every party to the appeal a copy of any directions given or order made–

(a) on an application under sub-paragraph (7); or

(b) under sub-paragraph (10).

(12) Every party to an appeal which raises an issue relating to the application of Article 101 or 102, and any national competition authority which has been served with a copy of a party’s appeal notice, is under a duty to notify the Court of Appeal at any stage of the appeal if they are aware that –

(a) the Commission has adopted, or is contemplating adopting, a decision in relation to proceedings which it has initiated; and

(b) the decision referred to in (a) above has or would have legal effects in relation to the particular agreement, decision or practice in issue before the court.

(13) Where the Court of Appeal is aware that the Commission is contemplating adopting a decision as mentioned in sub-paragraph (12)(a), it shall consider whether to stay the appeal pending the Commission’s decision.

(14) Where any judgment is given which decides on the application of Article 101 or 102, the court shall direct that a copy of the transcript of the judgment shall be sent to the Commission. Judgments may be sent to the Commission electronically to comp-amicus@cec.eu.int or by post to the European Commission DG Competition, B-1049, Brussels.

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Appeal from Competition Appeal Tribunal

8.1

(1) Where the appellant applies for permission to appeal at the hearing at which the decision is delivered by the tribunal and –

(a) permission is given; or

(b) permission is refused and the appellant wishes to make an application to the Court of Appeal for permission to appeal,

the appellant’s notice must be filed at the Court of Appeal within 14 days after the date of that hearing.

(2) Where the appellant applies in writing to the Registrar of the tribunal for permission to appeal and–

(a) permission is given; or

(b) permission is refused and the appellant wishes to make an application to the Court of Appeal for permission to appeal,

the appellant’s notice must be filed at the Court of Appeal within 14 days after the date of receipt of the tribunal's decision on permission.

(3) Where the appellant does not make an application to the tribunal for permission to appeal, but wishes to make an application to the Court of Appeal for permission, the appellant's notice must be filed at the Court of Appeal within 14 days after the end of the period within which the appellant may make a written application to the Registrar of the tribunal.

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Appeals in cases of contempt of court (section 13 Administration of Justice Act 1960)

9.1 In an appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court), the appellant must serve the appellant’s notice on the court or the Upper Tribunal from whose order or decision the appeal is brought in addition to the persons to be served under rule 52.12(3) and in accordance with that rule.

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Appeal from the Court of Protection

10.1

(1) In this paragraph –

(a) ‘P’ means a person who lacks, or who is alleged to lack, capacity within the meaning of the Mental Capacity Act 2005 to make a decision or decisions in relation to any matter that is subject to an order of the Court of Protection;

(b) ‘the person effecting notification’ means –

(i) the appellant;

(ii) an agent duly appointed by the appellant; or

(iii) such other person as the Court of Protection may direct, who is required to notify P in accordance with this paragraph; and

(c) ‘final order’ means a decision of the Court of Appeal that finally determines the appeal proceedings before it.

(2) Where P is not a party to the proceedings, unless the Court of Appeal directs otherwise, the person effecting notification must notify P –

(a) that an appellant’s notice has been filed with the Court of Appeal and –

(i) who the appellant is;

(ii) what final order the appellant is seeking;

(iii) what will happen if the Court of Appeal makes the final order sought by the appellant; and

(iv) that P may apply under rule 52.25 (Statutory appeals: court's power to hear any person) by letter for permission to file evidence or make representations at the appeal hearing;

(b) of the final order, the effect of the final order and what steps P can take in relation to it; and

(c) of such other events and documents as the Court of Appeal may direct.

(Paragraphs 3.6 to 3.8 of this Practice Direction 52D contain provisions on how a third party can apply for permission to file evidence or make representations at an appeal hearing.)

(3) The person effecting notification must provide P with the information specified in sub-paragraph (2)–

(a) within 14 days of the date on which the appellant’s notice was filed with the Court of Appeal;

(b) within 14 days of the date on which the final order was made; or

(c) within such time as the Court of Appeal may direct,

as the case may be.

(4) The person effecting notification must provide P in person with the information specified in sub-paragraph (2) in a way that is appropriate to P’s circumstances (for example, using simple language, visual aids or any other appropriate means).

(5) Where P is to be notified as to –

(a) the existence or effect of a document other than the appellant's notice or final order; or

(b) the taking place of an event,

the person effecting notification must explain to P –

(i) in the case of a document, what the document is and what effect, if any, it has; or

(ii) in the case of an event, what the event is and its relevance to P.

(6) The person effecting notification must, within 7 days of notifying P, file a certificate of notification (form N165) which certifies –

(a) the date on which P was notified; and

(b) that P was notified in accordance with this paragraph.

(7) Where the person effecting notification has not notified P in accordance with this paragraph, a certificate of non-notification (form N165) must be filed with the Court of Appeal stating the reason why notification has not been effected.

(8) Where the person effecting notification must file a certificate of non-notification with the Court of Appeal, the certificate must be filed within the following time limits–

(a) where P is to be notified in accordance with sub-paragraph (2)(a) (appellant’s notice), within 21 days of the appellant’s notice being filed with the Court of Appeal;

(b) where P is to be notified in accordance with sub-paragraph (2)(b) (final order), within 21 days of the final order being made by the Court of Appeal; or

(c) where P is to be notified of such other events and documents as may be directed by the Court of Appeal, within such time as the Court of Appeal directs.

(9) The appellant or such other person as the Court of Appeal may direct may apply to the Court of Appeal seeking an order –

(a) dispensing with the requirement to comply with the provisions of this paragraph; or

(b) requiring some other person to comply with the provisions of this paragraph.

(10) An application made under sub-paragraph (9) may be made in the appellant's notice or by Part 23 application notice.

(Paragraphs 6.1 to 6.3 of Practice Direction 52A contain provisions about the dismissal of applications or appeals by consent. Paragraph 6.5 of Practice Direction 52A contains provisions about allowing unopposed appeals or applications involving a child or protected party.)

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Appeal from Employment Appeal Tribunal

11.1

(1) This paragraph applies to an appeal to the Court of Appeal from the Employment Appeal Tribunal (EAT) under section 37 of the Employment Tribunals Act 1996.

(2) If an application for permission to appeal to the Court of Appeal is refused by the EAT or is not made, then such an application must be made to the Court of Appeal within 21 days of the date of the sealed order of the EAT.

(3) An application for extension of time for filing an appellant’s notice may be entertained by the EAT but such applications should normally be made to the Court of Appeal.

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Immigration and Asylum Appeals

12.1 The provisions of paragraph 28 of Practice Direction 52C (bundle of documents in immigration appeals and asylum appeals) apply to appeals from the Upper Tribunal Immigration and Asylum Chamber.

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Appeal from Patents Court on appeal from Comptroller

13.1 Where the appeal is from a decision of the Patents Court which was itself made on an appeal from a decision of the Comptroller-General of Patents, Designs and Trade Marks, the appellant must serve the appellant’s notice on the Comptroller in addition to the persons to be served under rule 52.12(3) and in accordance with that rule.

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Appeal against order for revocation of patent

14.1

(1) This paragraph applies where an appeal lies to the Court of Appeal from an order for the revocation of a patent.

(2) The appellant must serve the appellant’s notice on the Comptroller-General of Patents, Designs and Trade Marks (the ‘Comptroller’) in addition to the persons to be served under rule 52.12(3) and in accordance with that rule.

(3) Where, before the appeal hearing, the respondent decides not to oppose the appeal or not to attend the appeal hearing, the respondent must immediately serve notice of that decision on –

(a) the Comptroller; and

(b) the appellant.

(4) Where the respondent serves a notice in accordance with sub-paragraph (3), copies of the following documents must also be served on the Comptroller with that notice –

(a) the petition;

(b) any statements of claim;

(c) any written evidence filed in the claim.

(5) Within 14 days after receiving the notice in accordance with sub-paragraph (3), the Comptroller must serve on the appellant a notice stating an intention to attend the appeal hearing or otherwise.

(6) The Comptroller may attend the appeal hearing and oppose the appeal –

(a) in any case where notice has been given under paragraph (5) of the intention to attend; and

(b) in any other case (including, in particular, a case where the respondent withdraws his opposition to the appeal during the hearing) if the Court of Appeal so directs or permits.

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Appeal from Proscribed Organisations Appeal Commission

15.1 The appellant’s notice must be filed at the Court of Appeal within 14 days after the date when the Proscribed Organisations Appeal Commission –

(a) granted; or

(b) where section 6(2)(b) of the Terrorism Act 2000 applies, refused permission to appeal.

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Appeals in relation to serious crime prevention orders

16.1

(1) This paragraph applies to an appeal under section 23(1) of the Serious Crime Act 2007 or section 16 of the Senior Courts Act 1981 in relation to a serious crime prevention order and is made.

(2) The appellant must serve the appellant’s notice on any person who made representations in the proceedings by virtue of section 9(1), (2) or (3) of the Serious Crime Act 2007 in addition to the persons to be served under rule 52.12(3) and in accordance with that rule.

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Appeal from Special Immigration Appeals Commission

17.1

(1) An application for permission to appeal to the Court of Appeal must first be made to the Special Immigration Appeals Commission pursuant section 7(2) of the Special Immigration Appeals Commission Act 1997 and paragraph 27 of the SIAC (Procedure) Rules 2003 (as amended).

(2) The appellant’s notice must be filed at the Court of Appeal within 21 days of the date on which the Special Immigration Appeals Commission’s decision granting or refusing permission to appeal to the Court of Appeal is given.

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APPEALS TO THE HIGH COURT

Reference of question of law by Agricultural Land Tribunal

18.1

(1) A question of law referred to the High Court by an Agricultural Land Tribunal under section 6 of the Agriculture (Miscellaneous Provisions) Act 1954 shall be referred by way of case stated by the Tribunal.

(2) Where the proceedings before the tribunal arose on an application under section 11 of the Agricultural Holdings Act 1986, an –

(a) application notice for an order under section 6 that the tribunal refers a question of law to the court; and

(b) appellant's notice by which an appellant seeks the court’s determination on a question of law,

must be served on the authority having power to enforce the statutory requirement specified in the notice in addition to every other party to those proceedings and on the secretary of the tribunal.

(3) Where, in accordance with sub-paragraph (2), a notice is served on the authority mentioned in that paragraph, that authority may attend the appeal hearing and make representations to the court.

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Appeals against decisions affecting the registration of architects and health care professionals

19.1

(1) This paragraph applies to an appeal to the High Court under –

(a) section 22 of the Architects Act 1997;

(b) section 31 of the Chiropractors Act 1994;

(c) section 29 or section 44 of the Dentists Act 1984;

(d) article 38 of the Health Professions Order 2001;

(e) section 40 of the Medical Act 1983;

(f) section 82(3) and 83(2) of the Medicines Act 1968;

(g) section 12 of the Nurses, Midwives and Health Visitors Act 1997;

(h) article 38 of the Nursing and Midwifery Order 2001;

(i) section 23 of the Opticians Act 1989;

(j) section 31 of the Osteopaths Act 1993;

(k) section 10 of the Pharmacy Act 1954;

(l) article 58 of the Pharmacy Order 2010.

(2) Every appeal to which this paragraph applies must be supported by written evidence and, if the court so orders, oral evidence and will be by way of re-hearing.

(3) The appellant must file the appellant’s notice within 28 days after the decision that the appellant wishes to appeal.

(4) In the case of an appeal under an enactment specified in column 1 of the following table, the persons to be made respondents are the persons specified in relation to that enactment in column 2 of the table and the person to be served with the appellant's notice is the Registrar of the relevant Council.

1 2
Enactment Respondent
Architects Act 1997, s. 22 Architects Act 1997, s. 22 The Architects’Registration Council of the United Kingdom
Chiropractors Act 1994, s. 31 The General Chiropractic Council
Dentists Act 1984, ss. 29 and 44 The General Dental Council
Health Professions Order 2001, art. 38 The Health Professions Council
Medical Act 1983, s. 40 The General Medical Council
Medicines Act 1968, ss. 82(3) and 83(2) The Pharmaceutical Society of Great Britain
Nurses, Midwives and Health Visitors Act 1997, s.12; Nursing and Midwifery Order 2001, art. 38 The Nursing and Midwifery Council
Opticians Act 1989, s.23 The General Optical Council
Osteopaths Act 1993, s. 31 The General Osteopathic Council
Pharmacy Act 1954, s.10 The Royal Pharmaceutical Society of Great Britain
Pharmacy Order 2010, art. 58 The General Pharmaceutical Council

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Appeals under regulation 74 of the European Public Limited-Liability Company Regulations 2004

20.1

(1) In this paragraph –

(a) ‘the 2004 Regulations’ means the European Public Limited-Liability Company Regulations 2004;

(b) ‘the EC Regulation’means Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE);

(c) ‘SE’ means a European public limited-liability company (Societas Europaea) within the meaning of Article 1 of the EC Regulation.

(2) This paragraph applies to appeals under regulation 74 of the 2004 Regulations against the opposition–

(a) of the Secretary of State or national financial supervisory authority to the transfer of the registered office of an SE under Article 8(14) of the EC Regulation; and

(b) of the Secretary of State to the participation by a company in the formation of an SE by merger under Article 19 of the EC Regulation.

(3) Where an SE seeks to appeal against the opposition of the national financial supervisory authority to the transfer of its registered office under Article 8(14) of the EC Regulation, it must serve the appellant’s notice on both the national financial supervisory authority and the Secretary of State.

(4) The appellant’s notice must contain an application for permission to appeal.

(5) The appeal will be a review of the decision of the Secretary of State and not a re-hearing. The grounds of review are set out in regulation 74(2) of the 2004 Regulations.

(6) The appeal will be heard by a High Court judge.

21.1 Omitted.

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Appeals affecting industrial and provident societies etc.

22.1

(1) This paragraph applies to all appeals under –

(a) the Friendly Societies Act 1974;

(b) the Friendly Societies Act 1992 and;

(c) the Industrial and Provident Societies Act 1965.

(2) At any stage on an appeal, the court may –

(a) direct that the appellant’s notice be served on any person;

(b) direct that notice be given by advertisement or otherwise of –

(i) the bringing of the appeal;

(ii) the nature of the appeal; and

(iii) the time when the appeal will or is likely to be heard; or

(c) give such other directions as it thinks proper to enable any person interested in –

(i) the society, trade union, alleged trade union or industrial assurance company; or

(ii) the subject matter of the appeal,

to appear and be heard at the appeal hearing.

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Appeals under section 222 of the Inheritance Tax Act 1984 and regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986

23.1

(1) This paragraph applies to appeals to the High Court under section 222(3) of the Inheritance Tax Act 1984 (the ‘1984 Act’) and regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986 (the ‘1986 Regulations’).

(2) The appellant’s notice must –

(a) state the date on which the Commissioners for Her Majesty’s Revenue and Customs (the ‘Board’) gave notice to the appellant under section 221 of the 1984 Act or regulation 6 of the 1986 Regulations of the determination that is the subject of the appeal;

(b) state the date on which the appellant gave to the Board notice of appeal under section 222(1) of the 1984 Act or regulation 8(1) of the 1986 Regulations and, if notice was not given within the time permitted, whether Her Majesty’s Revenue and Customs (HMRC) have given their consent or the tribunal has given permission for notice to be given after the time permitted, and where applicable, the date of such consent or permission; and

(c) either state that the appellant and the Board have agreed that the appeal may be to the High Court or contain an application for permission to appeal to the High Court.

(3) The appellant must file the following documents with the appellant’s notice –

(a) 2 copies of the notice referred to in sub-paragraph 2(a);

(b) 2 copies of the notice of appeal (under section 222(1) of the 1984 Act or regulation 8(1) of the 1986 Regulations) referred to in paragraph 2(b); and

(c) where the appellant’s notice contains an application for permission to appeal, written evidence setting out the grounds on which it is alleged that the matters to be decided on the appeal are likely to be substantially confined to questions of law.

(4) The appellant must –

(a) file the appellant’s notice at the court; and

(b) serve the appellant's notice on the Board,

within 30 days of the date on which the appellant gave to the Board notice of appeal under section 222(1) of the 1984 Act or regulation 8(1) of the 1986 Regulations or, if HMRC have given consent or the tribunal has given permission for notice to be given after the time permitted, within 30 days of the date on which such consent or permission was given.

(5) The court will set a date for the hearing of not less than 40 days from the date that the appellant’s notice was filed.

(6) Where the appellant’s notice contains an application for permission to appeal –

(a) a copy of the written evidence filed in accordance with sub-paragraph (3)(c) must be served on the Board with the appellant’s notice; and

(b) the Board –

(i) may file written evidence; and

(ii) if it does so, must serve a copy of that evidence on the appellant, within 30 days after service of the written evidence under sub-paragraph (6)(a).

(7) The appellant may not rely on any grounds of appeal not specified in the notice referred to in sub-paragraph (2)(b) on the hearing of the appeal without the permission of the court.

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Appeal against a decision of the adjudicator under section 111 of the Land Registration Act 2002

24.1

(1) A person who is aggrieved by a decision of the adjudicator and who wishes to appeal that decision must obtain permission to appeal.

(2) The appellant must serve on the adjudicator a copy of the appeal court's decision on a request for permission to appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the decision on permission.

(3) The appellant must serve on the adjudicator and the Chief Land Registrar a copy of any order by the appeal court to stay a decision of the adjudicator pending the outcome of the appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the appeal court's order to stay.

(4) The appellant must serve on the adjudicator and the Chief Land Registrar a copy of the appeal court's decision on the appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the appeal court’s decision.

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Appeals under the Merchant Shipping Act 1995

25.1

(1) his paragraph applies to appeals under the Merchant Shipping Act 1995 and for this purpose a re-hearing and an application under section 61 of the Merchant Shipping Act 1995 are treated as appeals.

(2) The appellant must file any report to the Secretary of State containing the decision from which the appeal is brought with the appellant’s notice.

(3) Where a re-hearing by the High Court is ordered under sections 64 or 269 of the Merchant Shipping Act 1995, the Secretary of State must give reasonable notice to the parties whom he considers to be affected by the re-hearing.

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Appeals under s 289(6) of the Town and Country Planning Act 1990 and s 65(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 26.1

26.1

(1) An application for permission to appeal to the High Court under section 289 of the Town and Country Planning Act 1990 (‘the TCP Act’) or section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the PLBCA Act’) must be made within 28 days after notice of the decision is given to the applicant.

(2) The application –

(a) must be in writing and must set out the reasons why permission should be granted; and

(b) if the time for applying has expired, must include an application to extend the time for applying, and must set out the reasons why the application was not made within that time.

(3) The applicant must, before filing the application, serve a copy of it on the persons referred to in sub-paragraph (12) with the draft appellant’s notice and a copy of the witness statement or affidavit to be filed with the application.

(4) The applicant must file the application in the Administrative Court Office with –

(a) a copy of the decision being appealed;

(b) a draft appellant’s notice;

(c) a witness statement or affidavit verifying any facts relied on; and

(d) a witness statement or affidavit giving the name and address of, and the place and date of service on, each person who has been served with the application. If any person who ought to be served has not been served, the witness statement or affidavit must state that fact and the reason why the person was not served.

(5) An application will be heard–

(a) by a single judge; and

(b) unless the court otherwise orders, not less than 21 days after it was filed at the Administrative Court Office.

(6) Practice direction 54D applies to applications and appeals under this paragraph.

(7) Any person served with the application is entitled to appear and be heard.

(8) Any respondent who intends to use a witness statement or affidavit at the hearing –

(a) must file it in the Administrative Court Office; and

(b) must serve a copy on the applicant as soon as is practicable and in any event, unless the court otherwise allows, at least 2 days before the hearing.

(9) The court may allow the applicant to use a further witness statement or affidavit.

(10) Where on the hearing of an application the court is of the opinion that a person who ought to have been served has not been served, the court may adjourn the hearing, on such terms as it directs, in order that the application may be served on that person.

(11) Where the court grants permission –

(a) it may impose terms as to costs and as to giving security;

(b) it may give directions; and

(c) the relevant appellant’s notice must be served and filed within 7 days of the grant.

(12) The persons to be served with the appellant’s notice are –

(a) the Secretary of State;

(b) the local planning authority who served the notice or gave the decision, as the case may be, or, where the appeal is brought by that authority, the appellant or applicant in the proceedings in which the decision appealed against was given;

(c) in the case of an appeal brought by virtue of section 289(1) of the TCP Act or section 65(1) of the PLBCA Act, any other person having an interest in the land to which the notice relates; and

(d) in the case of an appeal brought by virtue of section 289(2) of the TCP Act, any other person on whom the notice to which those proceedings related was served.

(13) The appeal will be heard and determined by a single judge unless the court directs that the matter be heard and determined by a Divisional Court.

(14) The court may remit the matter to the Secretary of State to the extent necessary to enable the Secretary of State to provide the court with such further information in connection with the matter as the court may direct.

(15) Where the court is of the opinion that the decision appealed against was erroneous in point of law, it will not set aside or vary that decision but will remit the matter to the Secretary of State for re-hearing and determination in accordance with the opinion of the court.

(16) The court may give directions as to the exercise, until an appeal brought by virtue of section 289(1) of the TCP Act is finally concluded and any re-hearing and determination by the Secretary of State has taken place, of the power to serve, and institute proceedings (including criminal proceedings) concerning –

(a) a stop notice under section 183 of that Act; and

(b) a breach of condition notice under section 187A of that Act.

(17) An appeal brought by virtue of sections 289(1) or (2) of the TCP Act or section 65(1) of the PLBCA Act will be treated as if it is a review under statute for the purposes of rules 45.41 to 45.44 and may therefore be an Aarhus Convention claim for the purposes of those rules.

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Appeals from decisions of the Law Society or the Solicitors Disciplinary Tribunal to the High Court

27.1

(1) This paragraph applies to appeals from the Law Society or the Solicitors Disciplinary Tribunal (‘the Tribunal’) to the High Court under the Solicitors Act 1974, Administration of Justice Act 1985, the Courts and Legal Services Act 1990, the European Communities (Lawyer’s Practice) Regulations 2000 or the European Communities (Recognition of Professional Qualifications) Regulations 2007.

(2) The appellant must file the appellant’s notice in the Administrative Court.

(3) Unless the court otherwise orders the appellant must serve the appellant’s notice on –

(a) every party to the proceedings before the Tribunal; and

(b) the Law Society.

Appeals from decisions of the Bar Standards Board or Disciplinary Tribunals to the High Court

27.1A

(1) This paragraph applies to appeals to the High Court under section 24 of the Crime and Courts Act 2013—

(a) from decisions of the Bar Standards Board on review under the Bar Training Rules or under Part 3, Section E of its Handbook, relating to the authorisation of bodies to undertake reserved legal activities (including its approval of specific roles within those bodies); or

(b) from decisions of Disciplinary Tribunals of the Council of the Inns of Court.

(2) The appellant must file the appellant’s notice in the Administrative Court.

(3) Unless the court otherwise orders, the appellant must serve the appellant’s notice on—

(a) every party to the proceedings before the Bar Standards Board or the Disciplinary Tribunal as appropriate; and

(b) the Council of the Inns of Court in the case of appeals from decisions of the Disciplinary Tribunal.

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APPEALS TO THE HIGH COURT – WALES ONLY

Welsh statutory appeals

Introduction

27A.1

(1) This paragraph and paragraphs 27A.2 to 27A.7 apply to certain appeals to the High Court under enactments relating to Wales only (“Welsh statutory appeals”).

(2) For these purposes, Welsh statutory appeals are appeals under the following enactments—

(a) section 79 of the Local Government Act 2000;

(b) regulation 24 of the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001; and

(c) section 59 of the Welsh Language (Wales) Measure 2011.

Service of documents in a Welsh statutory appeal to be by parties

27A.2 The Administrative Court will not serve documents in a Welsh statutory appeal, and service must be effected by the parties as provided in the following paragraphs.

Appellant’s notice in a Welsh statutory appeal

27A.3

(1) The appellant must file the appellant’s notice in the Administrative Court Office of the High Court at the District Registry in Cardiff.

(2) If the appellant’s notice is filed at an Administrative Court Office other than in Cardiff the proceedings will be transferred to Cardiff.

(3) The appellant must file the appellant’s notice —

(a) within the time specified in the relevant statutory provision listed in paragraph 27A.1; or

(b) if the relevant statutory provision specifies no time, within 28 days of the date of the decision the appellant wishes to appeal.

(4) The appellant must file with the appellant’s notice—

(a) a statement of facts relied on and grounds for bringing the appeal;

(b) a copy of the decision the appellant wishes to appeal;

(c) any written evidence in support of the appeal.

(5) The appellant must—

(a) within 7 days of the date on which the appeal was filed, serve a sealed copy of the appellant’s notice and the documents in sub-paragraph (4) on—

(i) the authority or tribunal which made the decision the appellant wishes to appeal; and

(ii) the respondent to the appeal, and

(b) file a certificate of service confirming the date of service under sub-paragraph (a).

Respondent’s notice in a Welsh statutory appeal

27A.4 If the respondent intends to contest the appeal the respondent must, within 21 days of service under paragraph 27A.3(5)(a), file —

(a) a respondent’s notice;

(b) any written evidence in contesting the appeal.

Time of permission hearing in a Welsh statutory appeal

27A.5 Where the relevant statutory provision requires the appellant to obtain the permission of the Court to appeal, a permission hearing will be listed no earlier than 7 days after the expiry of the time limit in paragraph 27A.4.

Listing of a Welsh statutory appeal

27A.6 Unless the Court orders otherwise, the appeal will not be heard earlier than 28 days after the later of—

(a) the expiry of the time limit in paragraph 27A.4; or

(b) if applicable, the date on which permission to appeal is granted.

Further Documentation for hearing of a Welsh statutory appeal

27A.7

(1)  Sub-paragraphs (2) to (4) apply only where permission to appeal has been granted or where permission is not required.

(2) The appellant must, not less than 21 days before the date of the hearing of the appeal, file—

(a) a paginated and indexed bundle of the appellant’s and respondent’s notices and the documents filed with them; and

(b) a skeleton argument.

(3) The respondent and any other party wishing to make representations at the hearing of the appeal must file a skeleton argument not less than 14 days before the date of the hearing of the appeal.

(4) The appellant must file a paginated and indexed bundle of all statutory materials and case law relied upon by the appellant and the respondent not less than 7 days before the hearing of the appeal.

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APPEALS TO THE COUNTY COURT

Appeals under sections 204 and 204A of the Housing Act 1996

28.1

(1) An appellant should include appeals under section 204 and section 204A of the Housing Act 1996 in one appellant’s notice.

(2) If it is not possible to do so (for example because an urgent application under section 204A is required) the appeals may be included in separate appellant’s notices.

(3) An appeal under section 204A may include an application for an order under section 204A(4)(a) requiring the authority to secure that accommodation is available for the applicant’s occupation.

(4) If, exceptionally, the court makes an order under section 204A(4)(a) without notice, the appellant’s notice must be served on the authority together with the order. Such an order will normally require the authority to secure that accommodation is available until a hearing date when the authority can make representations as to whether the order under section 204A(4)(a) should be continued.

(5) Unless the court orders otherwise –

(a) the appellant shall file and serve its proposed case management directions for the appeal together with the appellant’s notice;

(b) the respondent shall within 14 days thereafter either agree those directions or file and serve alternative proposed directions;

(c) within 14 days after service of the appellant’s notice the respondent must disclose any documents relevant to the decision under appeal, in so far as not previously disclosed;

(d) within 14 days after receipt of any documents disclosed under sub-paragraph (c) the appellant may make any amendments to its grounds of appeal which arise out of those documents.

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Appeal under Part II of the Immigration and Asylum Act 1999 (carriers’ liability)

29.1

(1) A person appealing to the County Court under section 35A or section 40B of the Immigration and Asylum Act 1999 (‘the Act’) against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to sub-paragraph (2), file the appellant's notice within 28 days after receiving the penalty notice or charge notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, the appellant must file the appellant’s notice within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.

(3) Sections 35A and 40B of the Act provide that any appeal under those sections shall be a re-hearing of the Secretary of State’s decision to impose a penalty or charge, and therefore rule 52.21(1) does not apply.

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Local Government (Miscellaneous Provisions) Act 1976

30.1 Where one of the grounds upon which an appeal against a notice under sections 21, 23 or 35 of the Local Government (Miscellaneous Provisions) Act 1976 is brought is that –

(a) it would have been fairer to serve the notice on another person; or

(b) that it would be reasonable for the whole or part of the expenses to which the appeal relates to be paid by some other person,

that person must be made a respondent to the appeal, unless the court, on application of the appellant made without notice, otherwise directs.

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Representation of the People Act 1983, National Assembly for Wales (Representation of the People) Order 2007 and Recall of MPs Act 2015 – appeals against decisions of registration officers

31.1

(1) This paragraph applies in relation to an appeal against a decision of a registration officer, being a decision referred to in—

(a) section 56(1) of the Representation of the People Act 1983 (“the Act”);

(b) article 5(1) of the National Assembly for Wales (Representation of the People) Order 2007 (“the 2007 Order”); or

(c) regulation 74(1) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (“the 2016 Regulations”).

(2) Where a person (“the appellant”) has given notice of such an appeal in accordance with the relevant requirements of—

(a) section 56, and the regulations made under section 53 (“the 2001 Regulations”) of the Act;

(b) article 5 of, and paragraph 9 of Schedule 1 to, the 2007 Order; or

(c) regulations 74 and 77 of the 2016 Regulations,
the registration officer must, within 7 days after receiving the notice, forward by post to the County Court—

(i) the notice; and

(ii) the statement required by the 2001 Regulations, by paragraph 9 of Schedule 1 to the 2007 Order or by regulation 77 of the 2016 Regulations as the case may be.

(3) The respondents to the appeal will be –

(a) the registration officer; and

(b) if the decision of the registration officer was given in favour of any other person than the appellant, that other person.

(4) On the hearing of the appeal–

(a) the statement forwarded to the court by the registration officer, and any document containing information submitted to the court by the registration officer pursuant to the 2001 Regulations, 2007 Order and 2016 Regulations, are admissible as evidence of the facts stated in them; and

(b) the court –

(i) may draw any inference of fact that the registration officer might have drawn; and

(ii) may give any decision and make any order that the registration officer ought to have given or made.

(5) A respondent to an appeal (other than the registration officer) is not liable for nor entitled to costs, unless he appears before the court in support of the registration officer’s decision.

(6) Rule 52.12 (appellant’s notice) does not apply to an appeal to which this paragraph applies.

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Representation of the People Act 1983 – special provision in relation to anonymous entries in the register

31.2

(1) In this paragraph –

(a) ‘anonymous entry’has the meaning given by section 9B(4) of the Representation of the People Act 1983;

(b) ‘appeal notice’means the notice required by regulation 32 of the Representation of the People (England and Wales) Regulations 2001.

(2) This paragraph applies to an appeal to the County Court to which paragraph 31.1 (Representation of the People Act 1983 – appeals against decisions of registration officers) applies if a party to the appeal is a person –

(a) whose entry in the register is an anonymous entry; or

(b) who has applied for such an entry.

(3) This paragraph also applies to an appeal to the Court of Appeal from a decision of the County Court in an appeal to which paragraph 31.1 applies.

(4) The appellant may indicate in the appeal notice that an application for an anonymous entry has been applied for, or that the entry in the register is an anonymous entry.

(5) The respondent or any other person who applies to become a party to the proceedings may indicate in a respondent's notice or an application to join the proceedings that the entry in the register is an anonymous entry, or that an application has been made for an anonymous entry.

(6) Where the appellant gives such an indication in the appeal notice, the court will refer the matter to a District Judge for directions about the further conduct of the proceedings, and, in particular, directions about how the matter should be listed in the court list.

(7) Where the court otherwise becomes aware that a party to the appeal is a person referred to in sub-paragraph (2), the court will give notice to the parties that no further step is to be taken until the court has given any necessary directions for the further conduct of the matter.

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Representation of the People Act 1983, National Assembly for Wales (Representation of the People) Order 2007 and Recall of MPs Act 2015 - appeals selected as test cases

31.3

(1) Where two or more appeals under—

(a) section 56, and the 2001 Regulations;

(b) article 5 of, and paragraph 9 of Schedule 1 to, the 2007 Order; or

(c) regulations 74 and 77 of the 2016 Regulations,

involve the same point of law, the court may direct that one appeal (“the test-case appeal”) is to be heard first as a test case.

(2) The court will send a notice of the direction to each party to all of those appeals.

(3) Where a notice under sub-paragraph (2) is served on any party to an appeal (other than the test-case appeal), that party may (within 7 days after the notice is served on that party) give notice to the court requesting the appeal to be heard and–

(a) the court will hear that appeal after the test-case appeal is disposed of;

(b) the court will give the parties to that appeal notice of the day on which it will be heard; and

(c) the party who gave the notice is not entitled to receive any costs of the separate hearing of that appeal unless the judge otherwise orders.

(4) Where no notice is given under sub-paragraph (3) within the period limited by that paragraph –

(a) the decision on the test-case appeal binds the parties to each of the other appeals;

(b) without further hearing, the court will make, in each other appeal, an order similar to the order in the test-case appeal; and

(c) the party to each other appeal who is in the same interest as the unsuccessful party to the selected appeal is liable for the costs of the test-case appeal in the same manner and to the same extent as the unsuccessful party to that appeal and an order directing the party to pay such costs may be made and enforced accordingly.

(5) Sub-paragraph (4)(a) does not affect the right to appeal to the Court of Appeal of any party to an appeal other than the test-case appeal.

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Appeals under section 11 of the UK Borders Act 2007

32.1

(1) A person appealing to the County Court under section 11 of the UK Borders Act 2007 (‘the Act’) against a decision by the Secretary of State to impose a penalty under section 9(1) of the Act, must, subject to sub-paragraph (2), file the appellant’s notice within 28 days after receiving the penalty notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 10 of the Act within the time prescribed for doing so, the appellant’s notice must be filed within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.

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