The Civil Procedure Rules 1998

[F1[F2Service of orderE+W

54.34.—(1) The court will send copies of its order to—

(a)the applicant and the other party to the appeal, except where paragraph (2) applies; and

(b)the Tribunal.

(2) Where [F3the appellant is within the jurisdiction and] the application relates, in whole or in part, to an asylum claim, the court will send a copy of its order to the Secretary of State.

[F4(2A) Paragraph (2) does not apply in a fast track case.]

(3) Where the court sends an order to the Secretary of State under paragraph (2), the Secretary of State must—

(a)serve the order on the appellant; and

[F5(b)immediately after serving the order, notify—

(i)the court; and

(ii)where the order requires the Tribunal to reconsider its decision on the appeal, the Tribunal,

on what date and by what method the order was served.]

(4) The Secretary of State must provide the notification required by paragraph (3)(b) no later than 28 days after the date on which the court sends him a copy of its order.

(5) If, 28 days after the date on which the court sends a copy of its order to the Secretary of State in accordance with paragraph (2), the Secretary of State has not provided the notification required by paragraph (3)(b)[F6(i)], the court may serve the order on the appellant.

[F7(5A) Where the court serves an order for reconsideration under paragraph (5), it will notify the Tribunal of the date on which the order was served.]

(6) If the court makes an order under section 103D(1) of the 2002 Act, it will send copies of that order to—

(a)the appellant’s legal representative; and

(b)the Legal Services Commission.

(7) Where paragraph (2) applies, the court will not serve copies of an order under section 103D(1) of the 2002 Act until either—

(a)the Secretary of State has provided the notification required by paragraph (3)(b); or

(b)28 days after the date on which the court sent a copy of its order to the Secretary of State,

whichever is the earlier.]]

Textual Amendments