The Civil Procedure (Amendment) Rules 2007

Amendments to the Civil Procedure Rules 1998

18.  In Part 52—

(a) in the table of contents, after the entry “Non-disclosure of Part 36 offers and payments”, insert—

“Statutory appeals – court’s power to hear any person

Rule 52.12A”;

(b) at the end of the table of contents, insert—

“IV STATUTORY RIGHTS OF APPEAL
Appeals under the Law of Property Act 1922(1)	Rule 52.18
Appeals from certain tribunals	Rule 52.19
Appeals under certain planning legislation	Rule 52.20”;

(c) after rule 52.12, insert—

“Statutory appeals – court’s power to hear any person

52.12A.— (1) In a statutory appeal, any person may apply for permission—

(a) to file evidence; or

(b) to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.”; and

(d) after rule 52.17, insert—

“VI STATUTORY RIGHTS OF APPEAL

Appeals under the Law of Property Act 1922

52.18.   An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922(2).

Appeals from certain tribunals

52.19.— (1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992(3) and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

Appeals under certain planning legislation

52.20.— (1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990(4) against an enforcement notice—

(a) the appellant;

(b) the local planning authority; or

(c) another person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

(2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—

(a) the appellant;

(b) the local planning authority; or

(c) any person (other than the appellant) on whom the notice was served,

may appeal to the High Court against the decision on a point of law.

(3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990(5) against a listed building enforcement notice—

(a) the appellant;

(b) the local planning authority; or

(c) any other person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.”.

(1)

1922 c. 16.

(2)

1922 c. 16. Schedule 15, paragraph 16 was amended by the Law of Property (Amendment) Act 1924 (c. 5), section 2 and Schedule 2, paragraph 5(8) and S.I. 2002/794, article 5(1) and Schedule 1, paragraph 1(d).

(3)

1992 c. 53.

(4)

1990 c. 8.

(5)

1990 c. 9.