Lands Tribunal (Amendment) Rules 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1965 |
| Year | 1997 |
1997 No. 1965
LANDS TRIBUNAL
The Lands Tribunal (Amendment) Rules 1997
Made 8th August 1997
Coming into force 1st September 1997
The Lord Chancellor, in exercise of the powers conferred on him by section 3 of the Lands Tribunal Act 19491, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19922, hereby makes the following Rules—
1. These Rules may be cited as the Lands Tribunal (Amendment) Rules 1997 and shall come into force on 1st September 1997.
2. The Lands Tribunal Rules 19963are amended in accordance with the following provisions of these Rules and any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the 1996 Rules.
3. In rule 2(1), for the definition of ‘appeal against a determination’ substitute—
“‘appeal’ means an appeal against a determination of any question by an authority in respect of whose decision an appeal lies to the Lands Tribunal;”.
4. After Part II (Composition and hearings of the Tribunal) insert Part IIA as follows—
“PART IIA
Applications for Leave to Appeal
Application of Part IIA
5A. Part IIA applies to applications to the Lands Tribunal for leave to appeal against a decision of the Leasehold Valuation Tribunal under section 31A of the Landlord and Tenant Act 19854or section 24A of the Landlord and Tenant Act 19875.
Interpretation
5B.—(1) A respondent to an application for leave to appeal is any party in the proceedings before the Leasehold Valuation Tribunal, other than the applicant, who was present or represented at the hearing before that Tribunal.
(2) A respondent to an application for leave to appeal shall not be a respondent to any subsequent appeal unless he gives notice of intention to respond to the appeal in accordance with rule 7.
Application for leave to appeal
5C.—(1) A person (‘the applicant’) may only apply to the Lands Tribunal for leave to appeal if he has made an application to the Leasehold Valuation Tribunal for such leave and that application has been refused.
(2) An application for leave must be made to the Lands Tribunal within 28 days of the date on which the decision of the Leasehold Valuation Tribunal to refuse leave to appeal was sent to the applicant.
(3) The application for leave shall contain—
(a)
(a) the name and address of the applicant;
(b)
(b) the name and address of every respondent;
(c)
(c) the grounds of appeal against the decision in respect of which leave to appeal is sought;
(d)
(d) where the applicant is represented, the name, address and profession of the representative; and
(e)
(e) the signature of the applicant or his representative and the date the application was signed.
(4) The application for leave shall be accompanied by—
(a)
(a) a copy of the decision against which leave to appeal is being sought;
(b)
(b) a copy of the decision of the Leasehold Valuation Tribunal refusing leave to appeal;
(c)
(c) the fee payable to the Lands Tribunal in respect of the proposed appeal.
(5) The applicant shall deliver or send the application for leave to appeal to the Lands Tribunal together with sufficient copies for service upon each respondent.
(6) Upon receiving an application for leave to appeal the registrar shall—
(a)
(a) serve a copy of the application on each respondent;
(b)
(b) inform the applicant of the date on which this was done; and
(c)
(c) enter details of the application in the register of appeals.
(7) The registrar shall, when serving a copy of the application, notify each respondent of the time limit, specified by the Tribunal, within which any written representations relating to the application must be made to the Tribunal.
Determination of application
5D.—(1) The Tribunal shall determine an application for leave without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.
(2) The registrar shall serve on the applicant and each respondent a notice recording the decision of the Tribunal on the application for leave.
Refusal of leave to appeal
5E. If the Tribunal refuses leave to appeal the registrar shall refund to the applicant the fee paid in respect of the appeal.
Leave to appeal
5F.—(1) If the Tribunal grants leave to appeal it may do so on such conditions as it thinks fit including conditions relating to the costs of the appeal.
(2) The registrar shall note in the register of appeals that the appeal is proceeding unless the applicant notifies him, within 14 days of the date of service of the notice recording the decision to grant leave, that he does not wish to proceed with the appeal.
(3) The registrar shall serve notice on each respondent that the appeal is proceeding with details of the number of the appeal entered on the register which shall constitute...
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