Section 37ZA | Appeals to Supreme Court: grant of certificate by Appeal Tribunal ^F1

From legislation.gov.uk

(1)If the Appeal Tribunal is satisfied that—^F1

(a)the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal Tribunal's decision or order in any proceedings, and^F1

(b)as regards that decision or order, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 37ZB,^F1

the Appeal Tribunal may grant a certificate to that effect.

(2)The Appeal Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.^F1

(3)The Appeal Tribunal may not grant a certificate under this section in the case of proceedings in Scotland.^F1

(4)The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that point of law is—^F1

(a)a point of law that—^F1

(i)relates wholly or mainly to the construction of an enactment or statutory instrument, and^F1

(ii)has been fully argued in the proceedings and fully considered in the judgment of the Appeal Tribunal in the proceedings, or^F1

(b)a point of law—^F1

(i)in respect of which the Appeal Tribunal is bound by a decision of the Court of Appeal or the Supreme Court in previous proceedings, and^F1

(ii)that was fully considered in the judgments given by the Court of Appeal or, as the case may be, the Supreme Court in those previous proceedings.^F1

(5)The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that—^F1

(a)the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,^F1

(b)the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Appeal Tribunal, a hearing by the Supreme Court is justified, or^F1

(c)the Appeal Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.^F1

(6)No appeal lies against the grant or refusal of a certificate under subsection (1).^F1