Child Support, Pensions and Social Security Act 2000

Appeal from Commissioner on point of law E+W+S

9 (1) Subject to sub-paragraphs (2) and (3), an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

(2) No appeal under this paragraph shall lie from a decision except—

(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or

(b) if he refuses leave, with the leave of the appropriate court.

(3) An application for leave under this paragraph in respect of a Commissioner’s decision may only be made by—

(a) a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner’s decision relates;

(b) any other person who was a party to the proceedings in which the decision to which the Commissioner’s decision relates was given;

(c) any other person who is authorised by regulations to apply for leave;

and regulations may make provision with respect to the manner in which, and the time within which, applications must be made to a Commissioner for leave under this paragraph, and with respect to the procedure for dealing with such applications.

(4) On an application to a Commissioner for leave under this paragraph, it shall be the duty of the Commissioner to specify as the appropriate court—

(a) the Court of Appeal if it appears to him that the relevant dwelling is in England or Wales; and

(b) the Court of Session if it appears to him that the relevant dwelling is in Scotland;

except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraph (a) or (b) as the appropriate court, it shall be his duty to specify that court as the appropriate court.

(5) In this paragraph—

• “the appropriate court”, except in sub-paragraph (4), means the court specified in pursuance of that sub-paragraph;

• “the relevant dwelling”, in relation to any decision, means the dwelling by reference to which any claim or award of housing benefit or council tax benefit to which the decision relates was made.

Commencement Information

I1 Sch. 7 para. 9 wholly in force at. 2.7.2001; Sch. 7 para. 9 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 9 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 9 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)