Subpart 2—Application for leave to appeal

20.3 Application for leave to appeal to court

(1)

An application for leave to appeal in a case when an enactment provides that an appeal to the court against a decision may not be brought without leave must be made—

(a)

to the decision-maker or, as the case requires, the court; and

(b)

within 20 working days after the decision is given.

(2)

An application for leave to appeal must be made within 20 working days after the refusal of the decision-maker if—

(a)

an enactment provides that the court may grant leave to appeal to it against a decision after the decision-maker refuses leave; and

(b)

the decision-maker refuses leave.

(3)

The appeal must be brought—

(a)

by the date fixed when the decision-maker or the court grants leave; or

(b)

within 20 working days after the grant of leave, if the decision-maker or the court does not fix a date.

(4)

Any date fixed by the decision-maker is to be treated as a determination for the purposes of rule 7.50.

(5)

The decision-maker or, as the case requires, the court, may, on application, extend the period for bringing an application under this rule, if the enactment under which the appeal is sought to be brought—

(a)

permits the extension; or

(b)

does not limit the time prescribed for making the application.

(6)

A party may apply for the extension of a period before or after the period expires.

(7)

An application under this rule must be made on notice to every party affected by the proposed appeal and, if made to the court, must be made by interlocutory application.

(8)

In this rule, leave includes special leave.

Compare: 1908 No 89 Schedule 2 r 703