20. In regulation 58 M1 (application for leave to appeal to a Commissioner from an appeal tribunal)—
(a)in paragraph (1)—
(i)after the word “under” there shall be inserted the words “ section 13 of the 1997 Act or under ”; and
(ii)in sub-paragraph (a) for the words “made within the period of one month commencing on the date the applicant is sent” there shall be substituted the words “ sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent ”;
(b)paragraph (3) shall be omitted;
(c)for paragraph (4) there shall be substituted the following paragraph—
“(4) A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.”;
and
(d)for paragraph (6) M2 there shall be substituted the following paragraph—
“(6) Where an application for leave to appeal against a decision of an appeal tribunal is made—
(a)if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or
(b)if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.”.
Marginal Citations
M1Regulation 58 was amended by S.I. 1999/2570 and 2000/1596.
M2Paragraph (6) was amended by S.I. 2000/1596.