The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 101 THE PENSIONS APPEAL TRIBUNALS ACT 1943

lnterpretation

1.  In this Order—

“the Court” means the Court of Appeal.

Application for leave to appeal

2.—(1) An application to the Court for leave to appeal against the decision of a Pensions Appeal Tribunal may not be made unless an application for such leave was made to the Tribunal and was refused and must be made within 28 days after the date of the Tribunal's refusal.

(2) The application to the Court, which may be made ex parte, must be made by filing in the Central Office a written statement of—

(a) the name and description of the applicant,

(b) the point of law as respects which the applicant alleges that the Tribunal's decision was erroneous, and

(c) the date of the Tribunal's decision refusing leave to appeal.

(3) If the application is made with the consent of the other party to the proceedings before the Tribunal, that fact shall be included in the statement.

(4) On the making of the application the proper officer shall request the chairman of the Tribunal to give the Court a written statement of the reasons for the Tribunal's decision to refuse leave to appeal, and within 7 days after receiving the request the chairman shall give the Court such a statement.

(5) The Court may determine the application without a hearing or may direct that the application be set down for hearing.

(6) Where the application is determined without a hearing, a copy of the Court's order shall be sent from the Central Office to the applicant and to the other party to the proceedings before the Tribunal; and where the application is to be set down for hearing, notice of the day and time fixed for the hearing shall be sent from that Office to the applicant.

[E.r. 3]

Appeal

3.—(1) Without prejudice to Order 59, rule 3(2), the notice of the originating motion by which an appeal against the decision of a Pensions Appeal Tribunal is brought must state the question of law on which the appeal is brought, the date on which leave to appeal was granted and whether such leave was granted by the judge or the Tribunal.

(2) Order 59, rules 5 and 13, shall not apply in relation to such an appeal, but notice must be served and the appeal entered within 28 days after leave to appeal was granted.

(3) Within 28 days after service of the notice of motion on him, the chairman of the Tribunal must state a case setting out the facts on which the decision appealed against was based and must file the case in the Central Office and serve a copy thereof on the appellant and on the respondent.

(4) At the hearing of the appeal the Court may order the case to be returned to the chairman for amendment.

(5) Order 59, rule 10(2), shall not apply in relation to the appeal.

(6) A copy of the Court's order on the appeal must be sent by the proper officer to the appellant, the respondent and the chairman of the Tribunal.

[E.r. 4]