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Part 3 · Starting Appeal

16. Amendment of notice of appeal

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(1)

An appellant may, with the permission of the Reviewing Tribunal having cognizance of the appellant’s appeal, amend the appellant’s notice of appeal.

(2)

Where the Reviewing Tribunal grants permission under paragraph (1) —

(a)

the Reviewing Tribunal may do so —

(i)

on any terms or conditions that the Reviewing Tribunal considers fit to impose; and

(ii)

with any further or consequential directions that the Reviewing Tribunal considers necessary; and

(b)

rule 14(2)(b) applies to the amended notice of appeal accordingly.

(3)

Permission to amend a notice of appeal against an appealable decision in order to add a new ground of appeal must not be granted unless the Reviewing Tribunal is satisfied that —

(a)

the ground is based on any matter of fact or law which came to light after the notice of appeal was lodged;

(b)

it was not practicable to include the ground in the notice of appeal at the time the notice of appeal was lodged; or

(c)

there are exceptional circumstances to do so.

Subregulation 1

An appellant may, with the permission of the Reviewing Tribunal having cognizance of the appellant’s appeal, amend the appellant’s notice of appeal.

Subregulation 2

Where the Reviewing Tribunal grants permission under paragraph (1) —

(a)

the Reviewing Tribunal may do so —

(i)

on any terms or conditions that the Reviewing Tribunal considers fit to impose; and

(ii)

with any further or consequential directions that the Reviewing Tribunal considers necessary; and

(b)

rule 14(2)(b) applies to the amended notice of appeal accordingly.

Subregulation 3

Permission to amend a notice of appeal against an appealable decision in order to add a new ground of appeal must not be granted unless the Reviewing Tribunal is satisfied that —

(a)

the ground is based on any matter of fact or law which came to light after the notice of appeal was lodged;

(b)

it was not practicable to include the ground in the notice of appeal at the time the notice of appeal was lodged; or

(c)

there are exceptional circumstances to do so.

Report

Part 4

Conduct of Appeal Proceedings

Part 5

Confidential Matters