Community Charges (Deductions from Income Support) (No. 2) Regulations 1990

Appeal

5.—(1) Where the adjudication officer has decided a question under regulation 2(4), the debtor may appeal to a tribunal.

(2) Subject to paragraph (5), an appeal lies to a Commissioner from any decision of a tribunal on the grounds that the decision of that tribunal was erroneous in point of law and the persons who may appeal are the debtor and the adjudication officer.

(3) If it appears to the Chief Commissioner or, in the case of his inability to act, to such other of the Commissioners, as he may have nominated to act for that purpose, that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone but by a Tribunal consisting of any 3 of the Commissioners and if the decision is not unanimous, the decision of the majority shall be the decision of the Tribunal.

(4) Subject to paragraph (5), an appeal on a question of law lies to the Court of Appeal from any decision of a Commissioner on a question of law and the persons who may appeal are–

(a)the debtor;

(b)the adjudication officer; and

(c)the Secretary of State.

(5) No appeal lies–

(a)to the Commissioner from a decision of a tribunal without the leave of the chairman of the tribunal which gave the decision or, if he refuses leave, without the leave of a Commissioner, or

(b)to the Court of Appeal from a decision of a Commissioner, without the leave of the Commissioner who decided the case, or if he refuses, without the leave of the Court of Appeal.

(6) Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under section 97(2D) of the 1975 Act to act as a chairman of tribunals.

(7) In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for an application for leave to appeal to the Court of Appeal to be determined by the Commissioner who decided the case, that application shall be determined–

(a)where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner, and

(b)where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.

(8) If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (7) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.