Regulation 40

This rule shall apply to appeals to the Appeal Board under section 55 of the Act on the matters specified in the Second Schedule.

An appeal under this rule shall be commenced by filing with the Chief Executive a notice of appeal in Form 57 addressed to the Appeal Board, accompanied by the relevant fees specified in the Third Schedule.

The Chief Executive shall cause a copy of the notice of appeal filed with him under paragraph (2) to be served as soon as possible on the Court.

The notice of appeal referred to in paragraph (2) shall be filed not later than 14 days from the date of the decision of the Court and the appellant shall serve a copy of the notice of appeal on every respondent to the appeal within 3 days of filing the notice of appeal with the Chief Executive.

On receiving the copy of the notice of appeal, the president of the Court, the Kadi or Naib Kadi (as the case may be) must, where the decision appealed against is an order, prepare and sign a copy of the grounds of the order, and forward a copy of the grounds of the order to the Chief Executive.

Where the decision appealed against is an order made under section 36A or 36B of the Act or an order or directions made on an application under rule 11, 14, 17, 17A, 18(4), 18A or 36, the president of the Court may, instead of providing a copy of the grounds of the order under paragraph (5), forward a copy of the signed notes of evidence to the Chief Executive.

The Chief Executive must then serve on the appellant a notice to collect the grounds of the order mentioned in paragraph (5) or the notes of evidence mentioned in paragraph (5A), or both, as the case may be.

On payment of the relevant fees specified in the Third Schedule, the appellant may collect, within 14 days after the date of the notice to collect, the copy of the grounds of the order mentioned in paragraph (5) or the notes of evidence mentioned in paragraph (5A), or both, together with any other documents (including exhibits) used by the Court in the first instance.

The appeal is deemed to be withdrawn if the appellant fails to collect the documents within the period mentioned in paragraph (6).

The appellant shall serve on every respondent to the appeal a copy of the grounds of the order of the Court and all other documents received by the appellant under paragraph (6) within 3 days of receiving them from the Chief Executive.

An appeal under this rule shall be heard by way of rehearing.

Notwithstanding paragraph (4), the Appeal Board may extend the time required for the filing of a notice of appeal under this rule.

An application to extend the time for the filing of a notice of appeal under this rule shall be made by way of motion in Form 56 and rule 39(17) to (20) shall apply, with the necessary modifications, to such application.

An application for permission to appeal to the Appeal Board under section 55(1)(h) or (2) of the Act must be made by way of motion in Form 56 supported by an affidavit made by the applicant setting out the reasons why permission should be granted.

Rule 39(18), (19) and (20) apply, with the necessary modifications, to an application mentioned in paragraph (11).