CIVIL PROCEDURE RULES

SCHEDULE 1 - RSC RULES

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RSC ORDER 74 APPLICATIONS AND APPEALS UNDER THE MERCHANT SHIPPING ACT 1995(56)

ASSIGNMENT OF PROCEEDINGS

Rule 1

(1)

Subject to paragraph (2), proceedings by which any application is made to the High Court under the Merchant Shipping Act 1995 shall be assigned to the Queen's Bench Division and taken by the Admiralty Court.

APPEALS AND RE-HEARINGS

Rule 2	(1)	An appeal to the High Court under section 28 of the Pilotage Act 1913(57) against a decision of a county court judge or a magistrate shall be heard and determined by a Divisional Court of the Queen's Bench Division constituted as far as practicable of Admiralty Judges.
	(2)	Subject to the provisions of this rule, Orders 55 and 57 shall apply in relation to an appeal to the High Court 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 shall be treated as an appeal.
	(3)	In the case of an appeal to which paragraph (2) applies, the documents required to be filed before entry for the purposes of Order 57, rule 2(1) shall include the report, if any, to the Secretary of State containing the decision from which the appeal is brought.
	(4)	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 shall cause such reasonable notice to be given to the parties whom he considers to be affected by the re-hearing as the circumstances of the case may, in his opinion, permit.

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