Clause 16
Amendment of section 38
of Small Claims Tribunals (Amendment) Bill
BillNot in forceProvision 16 of 24
Clause 16
Section 38 of the principal Act is amended —
(a)
by deleting the words “or 37(3)” in subsection (1); and
(b)
by deleting subsections (1B) and (2) and substituting the following subsections:“(2) Where a proposed appeal against an order made by a tribunal does not satisfy subsection (1)(a) or (b), a District Court may, in addition to refusing leave under subsection (1A) and subject to such directions as the District Court thinks fit —
(a)
order that the matter be remitted to that tribunal for its reconsideration; or
(b)
order a rehearing of the matter by a different tribunal.
(3)
Any order of a District Court under subsection (1A) or (2) is final and is not subject to an appeal.”.