Statutory Appeals and Statutory Review
Proposals for Rationalising Procedures
This consultation was published in 2004, it invited comments on proposals for rationalising procedures in administrative law appeals so that they more closely follow the procedures already used in appeals from a lower to a higher court
The consultation period closed on 14 May 2004. The responses report summarises the views of those who responded and sets out future plans.
| Consultation begins on |
12 February 2004 |
| Consultation ends on |
14 May 2004 |
| Summary of responses published on |
24 February 2005 |
Consultation paper
This consultation paper discussed proposals for procedural change in the following areas:
- For those statutory appeals where no permission stage exists it is proposed to introduce a permission stage to weed out cases that have no prospect of success.
- It is proposed to introduce an equivalent permission stage in statutory reviews. Statutory review is not subject currently to a permission stage, whereas the similar process of judicial review is.
- Introduction of a common time limit for lodging statutory appeals and statutory reviews. Although it may be necessary to make a few exceptions, because of the situations which particular provisions are designed to deal with, we propose to standardise where possible at 28 days for statutory appeals (these currently vary widely) and six weeks for statutory review (most are currently six weeks).
- Introduction of a similar provision to that which exists for judicial review to permit intervention by a third party (which may include a Government Minister or Department), provided that the court is satisfied that the third party is a proper person to be heard.
- Introduction of the power for the Court to make a pre-emptive costs order, where appropriate, to safeguard the position of third parties who intervene.
Responses
This report summarises the responses, received to the consultation on Statutory Appeals and Statutory Review. It also sets out how we intend to proceed in respect of the proposals on permission to appeal, time limits and third party intervention.
Contact details
Further copies of this report and the consultation paper can be obtained by contacting the address below:
Department for Constitutional Affairs
Civil Justice Division
5rd Floor
Selborne House
54-60 Victoria Street
London SW1E 6QW
Tel: 020 210 8578
Email
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