The Welsh Language Tribunal Rules 2015

Giving or refusing permission to apply for a review of a decision by the Commissioner

16.—(1) If the Tribunal receives a notice of application which includes an application for a review, under section 103 of the Measure, of a decision by the Commissioner, that application is not to be treated, for the purposes of rule 13, as having been received until the Tribunal has decided—

(a) that the application would have a reasonable prospect of success, or

(b) that there is some other compelling reason why the application should be heard.

(2) If the Tribunal considers that either paragraph (1)(a) or (1)(b) applies, the Tribunal must give permission for the application to be made and it must then be treated as having been received, for the purposes of rule 13, and considered further in accordance with these Rules.

(3) Subject to paragraph (4), if the Tribunal does not consider that either paragraph (1)(a) nor (1)(b) applies, the Tribunal must refuse permission for the application to be made and the application will not be considered further.

(4) If the application is based on more than one ground, and if the Tribunal decides that the requirements of paragraph (2) have been satisfied in relation to one or more of those grounds, but not in relation to the other grounds, the Tribunal must give permission for the application to be made on condition that further consideration of it will be limited to the relevant ground or grounds.

(5) The Secretary of the Tribunal must, as soon as practicable—

(a) notify the applicant and the Commissioner of the Tribunal’s decision under paragraph (1), and

(b) record that decision in the Register.

(6) Notification given under paragraph (5) must—

(a) include the Tribunal’s reasons for coming to its decision, and

(b) be accompanied by guidance, in a form approved by the President, about—

(i) the circumstances under which there is a right to appeal against the decision, and

(ii) the procedure to be followed.

(7) The Tribunal’s function under paragraph (1) may be exercised—

(a) by the President, or by a legally qualified member of the Tribunal who has been authorised by the President to exercise that function, and

(b) without a hearing.

(8) If permission to make an application—

(a) has been refused under paragraph (3), or

(b) has been given conditionally under paragraph (4),

the applicant may require that the decision be reconsidered by a tribunal panel at a hearing.

(9) A requirement under paragraph (8) must be notified in writing and must be received by the Tribunal within 14 days of the day on which the applicant is to be taken, in accordance with rule 62, to have received notification under paragraph (5).

(10) Paragraphs (1) to (4), and rules 36 (except for paragraph (4)(b)(ii)), 38, 39(1), (2) and (5), 43, 44, 45, 46 and 47 apply to a hearing under paragraph (8).

(11) If a tribunal panel, after a hearing under paragraph (8), is of the opinion—

(a) that the application would have no reasonable prospect of success, and

(b) that there is no other compelling reason why the application should be heard,

the panel must give formal permission to make the application but must then dismiss that application.