Part IE+W Building Regulations

Appeals in certain casesE+W

42 Appeal and statement of case to High Court in certain cases.E+W

[F1(A1)Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—

(a)the applicant;

(b)the local authority;

(c)the registered building control approver.]

(1)Where the [F2Welsh Ministers give] a decision in proceedings—

(a)on an appeal under section 20 or 39 above,

[F3(b)on an appeal under section 50,] or

(c)on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the [F4building control authority],

the relevant person or the [F4building control authority] or, as the case may be, the [F5registered building control approver] may appeal to the High Court against the decision on a point of law.

(2)In subsection (1) above, “the relevant person” means—

(a)as regards an appeal under the said section 20 or 39, the appellant,

[F6(b)as regards an appeal under section 50, the person on whose application the appeal was made,]

(c)as regards such an application as is mentioned in subsection (1)(c) above, the applicant.

(3)At any stage of the proceedings on such an appeal F7... or application as is mentioned in subsection [F8(A1) or] (1) above—

(a)the [F9appropriate national authority] may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and

(b)a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the [F10Senior Courts Act 1981] (appeals from the High Court to the Court of Appeal).

(4)In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—

(a)prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the [F11appropriate national authority], and

(b)providing for the [F11appropriate national authority], either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(5)No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6)In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .