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REFERENCE TO HIGH COURT
Request under section 6 of Agriculture (Miscellaneous Provisions) Act 1954
33. (1)
A request for the reference to the High Court of a question of law arising in
the course of proceedings before the tribunal shall, unless made at the hearing,
be made in writing to the secretary not later than fourteen days from the date
on which a copy of the tribunal's decision was sent to the party making the
request and shall be accompanied by as many copies of the request as there are
other parties; and the secretary shall thereupon serve a copy of the request
on each such party.
(2) If the tribunal refuse the request, the secretary shall, not later than fourteen
days from the date of his receipt of the request, notify all parties of the
refusal; and if the party making the request, being aggrieved by the refusal,
intends to apply for an order directing the tribunal to refer the question of
law to the High Court, he shall, within seven days after receiving notice of
the refusal, serve on the secretary notice in writing of the intended application
accompanied by as many copies of the notice as there are other parties; and
the secretary shall thereupon serve a copy of the notice on every such party.
(3)
A case stated on a question of law for the decision of the High Court shall
set out the question of law and the facts found by the tribunal and shall be
signed by the chairman and sent to the party who requested the reference within
two months after the date of the request or, as the case may be, within two
months after the making of an order by the High Court directing the reference.
Modification of tribunal's decision following High Court proceedings
34. (1)
The powers of the tribunal under section 6(5) of the Agriculture (Miscellaneous
Provisions) Act 1954 may be exercised by the chairman in any case where he
does not consider it necessary to convene the tribunal for that purpose; but
if it appears to the chairman that there should be a further hearing before
the tribunal, he shall fix a date, time and place for the hearing.
(2)
Where a further hearing consequent on the reference to the High Court cannot
conveniently take place before the tribunal as originally constituted, the chairman
shall cause a fresh tribunal to be constituted for that purpose.
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