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Regulations for Appeals to the Appeal Court


Council Regulations 5 of 2006

Made by Council on 1 June 2006

Amended on 11 June 2009 (date of effect 1 October 2009), 12 May 2011 (date of effect 1 October 2011) and 1 October 2016 (Gazette, Vol. 146, p. 619, 9 June 2016)and 15 February 2017 (Supplement (1) to Gazette No 5149, 16 November 2016)

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Part 1: Introduction

1.1. These regulations apply to the conduct of all appeals to the Appeal Court as mentioned in section 24(1) of Statute XI.

1.2. In these regulations the Appeal Court is called 'the Court'.

1.3. The Registrar or a person appointed by him or her shall act as Secretary to the Court.

1.4. (1) The Court shall be constituted in accordance with section 23 of Statute XI.

(2) The High Steward shall invite each member of the Appeal Court in rotation to hear and determine an application for permission to appeal and any subsequent appeal sitting alone.

(3) The application and any subsequent appeal shall be heard by the first member of the Court who is able to accept the High Steward's invitation.

1.5. (1) If a member of the Court retires or dies or becomes incapable of acting during his or her term of office, the High Steward shall fill the vacancy arising by appointing another person who qualifies for membership under section 23 of Statute XI.

(2) The person appointed shall hold office for the remainder of the term of appointment of the person whom he or she is replacing, and may be reappointed.

1.6. It shall be the duty of the Court to hear and determine all applications and appeals coming before it as expeditiously as is reasonably possible, having regard to the circumstances of each case and the requirements of justice and fairness.

1.7. Where an application or appeal is required under any statute or regulation to be made to the Court within a specified period, the Court may at its discretion on the written application of the proposed applicant or appellant extend that period for such time and on such terms as it considers to be fair and reasonable.

1.8. Any written application under regulation 1.7 above must be sent to the Secretary, give the reason for the application, and explain the delay.

1.9. On receipt of the application the Secretary shall forthwith send a copy of it to all other parties to the proceedings, and the Court shall not make a decision on it until those parties have been given a reasonable opportunity to reply to it and any reply has been considered.

1.10. Notices of appeal served under Part H of Statute XII or section 5 of Statute XVII, shall be sent by the Registrar forthwith to the member of court appointed by the High Steward under regulation 1.4 above and (if he or she is not the Registrar) its Secretary, with a request to the Court to consider whether it wishes the High Steward to appoint assessors under section 25 of Statute XI.

1.11. If the Court decides to act through one of its members sitting alone that member shall have all the powers to act which are vested in the Court by the statutes and these regulations, and references in these regulations to the Court shall include where the context admits references to that member.

1.12. If during the course of proceedings before both members of the Court one member retires, dies, or becomes incapable of acting or for any reason has to cease to act, the proceedings shall continue before the remaining member of the Court as if he or she had been appointed to sit alone, and regulation 1.11 above shall apply to that member.

1.13. If the Court wishes assessors to be appointed, its Secretary shall forthwith convey that request to the High Steward.

1.14. If the Court at any time states that it does not wish assessors to be appointed, it may nevertheless at any later stage in the proceedings request the High Steward to make an appointment.

1.15. The Court may at any time discharge assessors appointed by the High Steward and at its discretion request different assessors to be appointed.

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Part 2: Parties to Appeals and Representation

2.1. The parties to an appeal under Part H of Statute XII or against a decision of the Vice-Chancellor under section 5 of Statute XVII shall be:

(1) the appellant; and

(2) the University acting through the Registrar or a solicitor or another suitable person appointed by the Vice-Chancellor.

2.2. The Court may add any other person as a party to an appeal, either on the application of any person or if the Court itself thinks that it should do so.

2.3. Any party to any appeal shall be entitled to be represented by another person, who need not be legally qualified, at the hearing or at any other stage of the appeal.

2.4. A party who intends to be represented by another person shall as soon as possible inform the Secretary of the name, address, and telephone number of the person appointed.

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Part 3: Powers of the Court

3.1. (1) The powers of the Court in respect of appeals under Part H of Statute XII are specified in section 52 of that statute.

(2) In these appeals the Court may make any of the orders mentioned in section 56 (2) of that statute.

3.2. The powers of the Court in respect of appeals against decisions of the Vice-Chancellor made under section 5 of Statute XVII are specified in section 6 of that statute and section 24 (3) of Statute XI.

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Part 4: Preparation for Hearing of Appeals

4.1. The Court may itself or on the application of any party at any time give directions or make orders for the conduct of appeals as it considers appropriate, and it shall have power, on the application of the appellant, to suspend or vary in whole or in part the operation of the order, decision, or recommendation which is the subject of the appeal pending the determination of the appeal.

4.2. When a hearing has been arranged, the Secretary of the Court shall send to each party, at least fourteen clear days before the date appointed for the hearing, notice of the date, time, and place of the hearing, and information on the right of representation by another person, on attendance, on the right to produce documents, and on the calling of evidence (where permitted by the statutes and these regulations).

4.3. The Court shall appoint a date, time, and place in Oxford for the hearing of the appeal, but shall have power, if it judges this to be advisable, to adjourn a proposed hearing at any time before it has begun and substitute alternative arrangements for the hearing.

4.4. (1) If any party wishes the Court to hear evidence or new evidence on the hearing of the appeal he or she must apply to the Court in writing for permission to call that evidence.

(2) Any application must be accompanied by a written and signed statement of the witness whom it is proposed to call or (if that is not available) the best particulars of the evidence which the witness will give and an explanation for the absence of a written and signed statement.

4.5. Notice of any application made under regulation 4.1 or regulation 4.4 above shall be sent by the Secretary to all other parties, and the Court shall not give a ruling on it until those parties have been given a reasonable opportunity to reply to it and any reply has been considered.

4.6. The documents for the hearing shall consist of:

(1) the notice of appeal (or application for permission to appeal);

(2) the written decision which is the subject of the appeal and the reasons for that decision;

(3) the record of the proceedings below;

(4) the written statements of all persons who were called as witnesses;

(5) all other documents submitted to the tribunal or person whose decision is the subject of the appeal;

(6) any further documents, witness statements, or submissions requested or permitted by the Court to be considered on the appeal.

4.7. It shall be the duty of the Secretary:

(1) to prepare the bundle of the documents for the hearing for the use of the Court, consecutively page-numbered;

(2) to prepare an index of those documents, with the page-numbering, and to send a copy of that index to all parties to the appeal; and

(3) to supply any party who does not have a copy of any document with a copy of it.

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Part 5: Hearing of Appeals

5.1. An appeal shall not be determined without an oral hearing at which the appellant and his or her representative, if any, are entitled to be present.

5.2. All appeals shall be heard in private, unless the Appeal Court determines otherwise. Appellants shall be invited to make observations which the Panel shall take into account before proceeding with a public hearing.

5.3. If it considers it appropriate to do so the Court may hear appeals by two or more appellants at the same hearing. Appellants shall be invited to make observations which the Panel shall take into account before proceeding.

5.4. The Court may proceed with a hearing in the absence of any of the persons entitled to be present, except where, in the case of the appellant, it is of the opinion that his or her absence was due to circumstances beyond his or her control.

5.5. The Court may exclude any person from a hearing if in the opinion of the Court such exclusion is necessary for the maintenance of order.

5.6. (1) Subject to the provisions of the Statutes and these regulations the Court shall determine its own procedure.

(2) The Court may set time limits for each stage of the proceedings to ensure that any appeal shall be heard and determined as expeditiously as is reasonably practicable consonant with the principles of justice and fairness.

5.7. Each party to a hearing shall be entitled to make a statement and to address the Court and (where permitted) to call witnesses in the sequence which the Court directs.

5.8. The Court may adjourn a hearing from time to time, if it is fair and just to do so, on such terms as it thinks fit.

5.9. The Secretary shall be present throughout the hearing and shall keep a sufficient record of the proceedings.

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Part 6: Disruption of Court Proceedings

6.1. If during the course of proceedings before the Court the conduct of any member of the University, whether as a party, as a witness, or otherwise, is disorderly or is otherwise in breach of section 2 or section 3 of Statute XI, the Court shall direct the Secretary forthwith to record the conduct complained of, with full particulars.

6.2. If the member whose conduct is complained of is a student member, the Secretary shall send the record to the Proctors who shall prepare a notice giving details of the alleged breach or breaches to be issued in the Student Disciplinary Panel and sent by the Secretary of that Panel to the student.

6.3. The procedure for considering the matter shall be the procedure set out in Part 3 of these regulations so far as applicable and, if the Student Disciplinary Panel finds the complaint proved, it shall have the powers referred to in section 46(2) of Statute XI.

6.4. If the member whose conduct is complained of is not a student member, the Secretary shall refer the complaint to the Registrar who shall investigate it under Statute XII or otherwise as he or she thinks fit.

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Part 7: Decision

7.1. The Court shall record its decision in writing and give reasons for its decision.

7.2. Decisions on appeals under Part H of Statute XII shall be stated and communicated in accordance with the provisions of section 57 of that statute.

7.3. Decisions on appeals against decisions of the Vice-Chancellor under section 5 of Statute XVII shall be sent to the appellant, the Vice-Chancellor, and the person who represented the Vice-Chancellor at the hearing of the appeal.

7.4. The Court may by an appropriate certificate in writing correct any accidental errors in documents recording the decision of the Court.

7.5. The Court shall have no power to award costs.

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