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SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

COURT OF APPEAL ETC.

ORDER 60APPEALS TO COURT OF APPEAL FROM THE RESTRICTIVE PRACTICES COURT

Appeal to be brought by motion

1.  An appeal to the Court of Appeal from the Restrictive Practices Court under the Restrictive Practices Court Act 1976(1) must be brought by motion, and the notice of the motion must state the question of law on which the appeal is brought and the appellant's contentions thereon.

[E.r. 1]

Service of notice of motion

2.—(1) Within 21 days after the appellant receives a copy of the judgment constituting the case stated by the Restrictive Practices Court he must serve the notice of motion and a copy of the judgment on every other party to the proceedings before that Court and must serve the notice of motion on the proper officer of that Court.

(2) Where the appellant applies to the said Court for the Court's judgment to be amplified or amended—

(a)he shall be deemed for the purpose of paragraph (1) to have received a copy of the judgment on the date on which he receives a copy of the order made on his application, and

(b)the judgment constituting the case stated shall be the judgment with such amplifications or amendments, if any, as may be specified in that order.

[E.r. 2]

Entry, etc. of appeal

3.—(1) Within 7 days after service of the notice of motion, the appellant must lodge the judgment constituting the case and two copies of the notice with the proper officer of the Court of Appeal who shall enter the appeal in the appropriate list; and the appeal shall not be heard until after the expiration of 21 days from the date of entry.

(2) The proper officer of the Court of Appeal shall notify the proper officer of the Restrictive Practices Court of the decision of the Court of Appeal on the appeal and of any directions given by the Court of Appeal thereon.

[E.r. 3]

Powers of Court of Appeal

4.  The Court of Appeal shall have power to draw inferences of fact from the facts set forth in the judgment of the Restrictive Practices Court constituting the case.

[E.r. 4]