County Court (Amendment) Rules (Northern Ireland) 2003

Appeals

3.  Order 32 is amended as follows –

(a) in paragraph (4) of Rule 1, for the words “Every such notice” there shall be substituted the words “Subject to paragraphs (4A) and (4B), every such notice”; and

(b) after paragraph (4) of Rule 1 there shall be inserted the following new paragraphs –

“(4A) If the appeal is brought under section 35A or section 40B of the Immigration and Asylum Act 1999 (in this Rule referred to as “the Act”)(1) against a decision of the Secretary of State to impose a penalty under section 32 of the Act or a charge under section 40 of the Act, the appeal notice must, subject to paragraph (4B), be served within twenty-eight days after receiving the penalty notice or charge notice.

(4B) If notice of objection has been given to the Secretary of State under section 35(4) or section 40A(3) of the Act(2) within the time prescribed for doing so, the appeal notice must be served within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.”.

(1)

1999 c. 33. Section 35A and section 40B were inserted into the Immigration and Asylum Act 1999 by virtue of paragraphs 8 and 13 respectively of Schedule 8 to the Nationality, Immigration and Asylum Act 2002 [2002 c. 41]

(2)

Section 35(4) of the Immigration and Asylum Act 1999 was substituted by virtue of paragraph 7 of Schedule 8 to the Nationality, Immigration and Asylum Act 2002 and section 40A was inserted by virtue of paragraph 13 of that Schedule