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PART 5Appeals from the adjudicator

Stay of decision pending appeal

35.—(1) A party who wishes to make a request under paragraph (2) must make such a request, and set out the grounds for making it, at the same time as making an application to the adjudicator for permission to appeal.

(2) Where the adjudicator grants a party permission to appeal to the High Court, the adjudicator may, on the adjudicator’s own initiative or at the request of the party granted permission, stay the implementation of the whole or part of the adjudicator’s decision pending the outcome of the appeal to the High Court.

(3) Before reaching a decision under paragraph (2), the adjudicator must invite and consider representations from each other party against the staying of a decision under that paragraph.

(4) The adjudicator must serve notification of any decision made under this rule, and the reasons for that decision, on the parties.