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41.20.—(1) Subject to [F1paragraphs (2) and (3)], the appeal shall be lodged in the General Department–
(a)within the period prescribed by the enactment under which it is brought; or
(b)where no such period is prescribed, within 42 days after–
(i)the date on which the decision appealed against was intimated to the appellant; [F2or]
(ii)where the tribunal issued a statement of reasons for its decision later than the decision, the date of intimation of that statement of reasons to the appellant[F3.]
F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2) Where leave to appeal to the court has been granted by the tribunal under any of the following enactments, the appeal shall be lodged in the General Department within 42 days after the date on which the decision to grant leave was intimated to the appellant:—
(a)section 25 of the Child Support Act 1991 (appeal from decision of a commissioner on a question of law with leave of the commissioner);
(b)section 24 of the Social Security Administration Act 1992 (appeal from decision of a commissioner on a question of law with leave of the commissioner); and
(c)section 9 of the Asylum and Immigration Appeals Act 1993 (appeal on a question of law from a final determination of an immigration appeals tribunal with leave of the tribunal).
(3) Where an application for leave to appeal was made to the court within the period specified in paragraph (1)(b) but that period has expired before leave has been granted, the appeal may be lodged within 7 days after the date on which that leave was granted.]
[F6(4)] There shall be lodged with the appeal under paragraph (1)–
(a)a process in accordance with rule 4.4 (steps of process), unless an application has already been made to the court for leave to appeal;
(b)where appropriate, evidence that leave to appeal has been granted by the tribunal;
(c)the documents mentioned in rule 41.2(6)(c) and (d) (copies of decisions of tribunal) unless already lodged; and
(d)such other documents founded on by the appellant so far as in his possession or within his control.
Textual Amendments
F1Words in Sch. 2 rule 41.20(1) substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(10)(a)
F2Words in Sch. 2 rule 41.20(1)(b)(i) substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(10)(b)(i)
F3Sch. 2 rule 41.20(1)(b)(ii): full stop substituted for word (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(10)(b)(ii)
F4Sch. 2 rule 41.20(1)(b)(iii) omitted (5.8.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(10)(b)(iii)
F5Sch. 2 rule 41.20(2)(3) inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(10)(d)
F6Sch. 2 rule 41.20(2) renumbered as Sch. 2 rule 41.20(4) (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(10)(c)
Commencement Information
I1Sch. 2 rule 41.20 in force at 5.9.1994, see para. 1(1)
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