(a)encourage and facilitate the use of an alternative dispute resolution procedure if the Appeals Board considers that appropriate;

(b) dispense with the need for the parties to attend any hearing; and

(c) use technology actively to manage cases.

(3) The parties, together with their representatives and any experts shall co-operate with the Appeals Board to give effect to the guiding principles in these rules.

5. A person who disputes the decision of the Authority on any matter arising under the Biosafety Act, upon giving notice in writing to the Authority appeal to the Appeals Board;

Provided that such person shall before appealing, pay a non-refundable fee of twenty thousand shillings.

6. (1) In any proceedings before the Appeals Board a party may appear in person or be represented by—
(a) an advocate of their choice; or

(b) In the case of a corporate body or a firm, an officer of the corporate body or firm duly authorized in writing by such body or firm.

(2) Despite paragraph (1), a party may, with the leave of the Appeals Board, appoint any other person knowledgeable in the subject matter of the proceedings before the Appeals Board to represent them in such proceedings.

(3) Appointment of an advocate or recognized representative shall be in Form AB 1 in the First Schedule to these Rules.

(4) A Party shall notify the Appeals Board of a change of legal representative where-
(a) the party changes its legal representative;

(b) the party having conducted the proceedings in person, appoints a legal representative to act on its behalf;

(c) the Party, having conducted the proceedings by a legal representative, intends to act in person.

(5) The notice shall state the Party’s new address for service and shall be served on-
(a) every other party to the proceedings; and

(b) where paragraphs 4 (a) or 4 (b) apply, the former legal representatives.
(6) Until service of the notice is made, service of any document at the existing address for service shall be valid.

(2) If a party or a witness does not understand English, the Appeals Board shall provide an interpreter at no cost to the party or witness.
8. (1) An appeal to the Appeals Board shall be made by sending a notice of Appeal to the Chairperson so that it is received within two months of the date upon which the appellant was notified of the disputed decision or the date of publication of the decision, whichever is earlier.

(2)The Appeal’s Board may not extend the time limit provided under paragraph (1) unless it is satisfied that the circumstances are exceptional.

(3)The notice of appeal shall state –

(a) the name and address of the appellant;

(b) the name and address of the appellant’s legal representative, if appropriate;

(c) an address for service in Kenya;

(d) the name and address of the respondent to the proceedings,

and shall be signed and dated by the appellant, or on his behalf by his duly authorized officer or his legal representative.

(4)The notice of appeal shall contain –

(a) a concise statement of the facts;

(b) details of the decision to which the proceedings relate;

(c) observations on the question in which part the proceedings of the Appeals Board are to be treated as taking place 18;

(d) a summary of the grounds for contesting the decision, identifying in particular:

(i) under which statutory provision the appeal is brought;

(ii) to what extent (if any) the appellant contends that the disputed decision was based on an error of fact or was wrong in law;

(iii)to what extent (if any) the appellant is appealing against the respondent’s exercise of his discretion in making the disputed decision;
(e) a succinct presentation of the arguments supporting each of the grounds of appeal;

(f) the relief sought by the appellant, and any directions sought pursuant to case management;

(g) a schedule listing all the documents annexed to the notice of appeal; and

(h) a statement identifying the evidence (whether witness statements or documents annexed to the notice of appeal) the substance of which, so far as the appellant is aware, was not before the maker of the disputed decision.

(5) There shall be annexed to the notice of appeal –

(a) a copy of the disputed decision; and

(b) as far as practicable a copy of every document (or parts of a document) on which the appellant relies including the written statements of all witnesses of fact, or expert witnesses, if any.

(c) the signed original of the Appeal.

8. (1) If the Appeals Board considers that a notice of appeal does not comply with rule 7, or is materially incomplete, or is lacking in clarity, the Appeals Board may give such directions as may be necessary to ensure that those defects are remedied.

(2) The Appeals Board may, if satisfied that the efficient conduct of the proceedings so requires, defer service of the notice of appeal on the respondent until after the directions referred to in paragraph (1) have been complied with.

9.(1) The Appeals Board may, after giving the parties an opportunity to be heard, strike out an appeal in whole or in part at any stage in the proceedings if –

(a) it considers that the Appeals Board has no jurisdiction to hear or determine the appeal;

(b) it considers that the notice of appeal, or part of it, discloses no valid ground of appeal;

(c) it considers that the appellant does not have (or represent those who have) a sufficient interest in the decision in respect of which the appeal is made;

(d) the appellant has failed to co-operate with the Appeals Board to such an extent that the Appeals Board cannot deal with the proceedings fairly and justly;

(e) it is satisfied that the appellant has habitually and persistently and without any reasonable ground –

(i) instituted vexatious proceedings, whether against the same person or different persons; or

(ii) made vexatious applications in any proceedings; or

(f) the appellant fails to comply with any rule, direction, practice direction or order of the Appeals Board.

(2) When the Appeals Board strikes out an appeal it may make any consequential order it considers appropriate.

10. (1)The appellant may amend the notice of appeal only with the permission of the Appeals Board

(2) Where the Appeals Board grants permission to amend a notice of appeal, ) , the Appeals Board may do so on such terms as it thinks fit, and shall give such further or consequential directions as may be necessary.

(3) In deciding whether to grant permission under paragraph (1), the Tribunal shall take into account all the circumstances including whether the proposed amendment –

(a) involves a substantial change or addition to the appellant’s case;

(b) is based on matters of law or fact which have come to light since the appeal was made; or

(c) could not otherwise practicably have been included in the notice of appeal.

11. (1) The appellant may withdraw his appeal only with the permission of the Appeals Board .

(2) Where the Appeals Board gives permission under paragraph (1) it may –

(a) do so on such terms as it thinks fit;

(b) publish notice of the withdrawal on the Appeals Board website or in such other manner as the Appeals Board may direct; and

(c) publish any decision which it would have made had the appeal not been withdrawn.

(3) Where an appeal is withdrawn –

(a) any interim order of the Appeals Board, other than an order made in respect of costs, shall immediately cease to have effect; and

(b) no fresh appeal may be brought by the appellant in relation to the decision which was the subject of the appeal without the permission of the Appeals Board.

12. (1) On receiving a notice of appeal the Chairperson shall-
(a) send an acknowledgement of its receipt to the appellant; and

(b) send a copy of the notice of appeal to the respondent who made the disputed decision.

(2)The Chairperson shall as soon as practicable upon receipt of a notice of appeal, publish a summary on the Appeals Board website and in any other manner that the Appeals Board may direct.

(3) The summary referred to in paragraph (2) above shall state- –
(a) that a notice of appeal has been received;

(b) the name and address of the appellant and his legal representative (if any);
(c) the disputed decision to which the appeal relates and the person by whom it was made;

(d) the particulars of the relief sought by the appellant;

(e) a summary of the principal grounds relied on; and

(f) a statement indicating that any person who considers that he has sufficient interest may apply to intervene in the proceedings, within two weeks of publication of the summary or such other period as the Appeals Board may direct.

13. (1), The respondent shall send to The Chairperson a defence in the form required by this rule so that the defence is received within two weeks (or such further time as the Appeals Board may allow) of the date on which the respondent received a copy of the notice of appeal.

(2) The defense shall state –
(a) the name and address of the respondent;

(b) the name and address of the respondent’s legal representative, if appropriate;

(c) an address for service in Kenya,

and shall be signed and dated by the respondent, or on his behalf by his duly authorized officer or his legal representative.

(3) The defense shall contain –

(a) a succinct presentation of the arguments of fact and law upon which the respondent will rely;

(b) details of any objection to the admission of evidence put forward by the appellant;

(c) the relief sought by the respondent and any directions sought pursuant to case management and

(e) a schedule listing all the documents annexed to the defense.
(4)As far as practicable, there shall be annexed to the defense a copy of every document (or parts of a document) upon which the respondent relies (save where such document (or parts of a document) have been annexed to the notice of appeal) including the written statements of all witnesses of fact, and where practicable expert witnesses, if any.

(5) the signed original of the defense .

14.(1) The Appeals Board may at any time, on the request of a party or of its own initiative, at a case management conference, pre-hearing review or otherwise, give such directions as are provided for in paragraph (2) below or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the proceedings.

(2)The Appeals Board may give directions –
(a) as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral hearing;

(b) that the parties file a reply, rejoinder or other additional pleadings or particulars;

(c) for the preparation and exchange of skeleton arguments;

(d) requiring persons to attend and give evidence or to produce documents;

(e) requiring clarification of any matter in dispute or additional information in relation to any such matter;

(f) as to the evidence which may be required or admitted in proceedings before the Appeals Board and the extent to which it shall be oral or written;

(g) as to the submission in advance of a hearing of any witness statements or expert reports;

(h) as to the examination or cross-examination of witnesses;

(i) for the filing of a list of issues;

(j) for the production of bundles for any hearing;

(k) for the creation of a confidentiality ring;

(l) as to the fixing of time limits with respect to any aspects of the proceedings;

(m) as to the abridgement or extension of any time limits, whether or not expired;

(n) to enable a disputed decision to be referred back in whole or in part to the person by whom it was taken;

(o) for the disclosure and the production by a party or third party of documents or classes of documents;

(p) for the appointment and instruction of experts, whether by the Appeals Board or by the parties and the manner in which expert evidence is to be given;

(q) for the costs management of proceedings, including for the provision of such schedules of incurred and estimated costs as the Appeals Board thinks fit;

(r) for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Appeals Board;

(s) for the hearing of any issues as preliminary issues prior to the main substantive hearing; and

(t) for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person.

(3) The Appeals Board may, in particular, of its own initiative – put questions to the parties;

(a) invite the parties to make written or oral submissions on certain aspects of the proceedings;

(b) ask the parties or third parties for information or particulars;

(c) ask for documents or any papers relating to the case to be produced; summon the parties’ representatives or the parties in person to meetings.

(4) A request by a party for directions shall:
(a) be made in writing as soon as practicable;

(b) be supported by reasons and indicate whether it is agreed or contested by the other parties;

(c) be served on any other party who might be affected by such directions; and

(d) be determined by the Appeals Board taking into account the observations of the parties.

15. (1)Where it appears to the Appeals Board that any proceedings would be facilitated by holding a case management conference or pre-hearing review the Appeals Board may, on the request of a party or of its own initiative, give directions for such a conference or review to be held.

(2) Unless the Appeals Board otherwise directs, a case management conference shall be held as soon as practicable after the filing of an appeal, whether or not the time for service of the defense has expired.

(3) The purpose of a case management conference or pre-hearing review shall be to

(a) ensure the efficient conduct of the proceedings;

(b) determine the points on which the parties must present further argument or which call for further evidence to be produced;

(c) set a timetable to an oral hearing in the proceedings, and fix a date for that hearing;

(d) clarify the forms of order sought by the parties, their arguments of fact and law and the points at issue between them;

(e) hear and determine any submissions in relation to the admission of evidence;

(f) determine any issues relating to confidentiality;

(g) ensure that all agreements that can be reached between the parties about the matters in issue and the conduct of the proceedings are made and recorded;

(h) facilitate the settlement of the proceedings.

16. (1) The Appeals Board may give directions as to –
(a) the provision by parties of statements of agreed matters;

(b) the issues on which it requires evidence, and the admission or exclusion from the proceedings of evidence;

(c)the nature of the evidence which it requires to decide those issues;

(d) whether the parties are permitted to provide expert evidence;

(e) any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally; and

(f) the way in which evidence is to be placed before the Appeals Board.

(2) In deciding whether to admit or exclude evidence, the Appeals Board shall have regard to whether it would be just to admit or exclude the evidence, including by reference to the following criteria:

(a) the statutory provision pursuant to which the appeal is brought and the applicable standard of review being applied by the Appeals Board;

(b) whether or not the evidence was available to the respondent before the disputed decision was taken;

(c) whether or not the evidence was capable of being made available to the respondent before the disputed decision was taken;

(d) the prejudice that may be suffered by one or more parties if the evidence is admitted or excluded; and

(e) whether the evidence is necessary for the Appeals Board to determine the case.

(3) Unless the Appeals Board otherwise directs, no witness of fact or expert shall be heard unless the relevant witness statement or expert report has been submitted in advance of the hearing and in accordance with any directions of the Appeals Board.

(4) The Appeals Board may require any witness to give evidence on oath or affirmation or if in writing by way of affidavit.

(5) The Appeals Board may allow a witness to give evidence through a video link or by other means.

(6) The Appeals Board may dispense with the need to call a witness to give oral evidence if a witness statement has been submitted in respect of that witness.

(7) The Appeals Board may limit cross-examination of witnesses to any extent or in any manner it deems appropriate.

17. (1) The Appeals Board may, at any time, either of its own initiative or at the request of any party, issue a summons in any form authorized by the Appeals Board requiring any person to do one or both of the following –

(a) to attend as a witness before the Appeals Board, at the time and place set out in the summons; and

(b) to answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the proceedings.

(2) A request by a party for the issue of a summons or citation under this rule shall state with reasons –

(a) upon which facts the witness is to be questioned and the reasons for the examination;

(b) the documents required to be produced.

(3) No person may be required to attend in compliance with a summons under this rule unless –

(a) he has been given at least seven days’ notice of the hearing; and

(b) he is paid such sum as would be recoverable by that witness in respect of his attendance in proceedings before the High Court of Kenya.

(4) The Appeals Board may make the summoning of a witness in accordance with paragraph (1) conditional upon the deposit with the Chairperson of a sum determined by the Appeals Board as sufficient to cover –

(a) the costs of the summons;

(b) the sum referred to in paragraph (3)(b).

(5) The Chairperson shall advance the funds necessary in connection with the examination of any witness summoned by the Appeals Board of its own initiative.

(6) The Appeals Board may direct a party to serve a summons issued under this rule on its behalf.

18. Where two or more notices of appeal have been filed
(a) in respect of the same matter; or

(b) in respect of several interests in the same matter, or

(c) which involve substantially the same issues,

the Appeals Board may on its own motion or upon application by any party ,made in form AB4 set out in the First Schedule to these Rules, consolidate the appeals and hear them together.

19. (1) If any party fails to comply with any direction given in accordance with these rules, the Appeals Board may if it considers that the justice of the case so requires, order that-

(a) the requirements of the direction be waived;

(b) the failure be remedied;

(c) such party be debarred from taking any further part in the proceedings without the permission of the Appeals Board; and

(d) such party (or his representative) be subject to an order for costs as the Appeals Board sees fit.

(2) Before making an order under paragraphs (1)(c)-(d), the Appeals Board will give the party (or his representative) the opportunity to make submissions as to why such an order should not be made.

Power to make interim orders and take iterim measures 20. (1)The Appeals Board may make an order on an interim basis –
(a) suspending in whole or part the effect of any decision which is the subject matter of proceedings before it;

(b) granting any remedy which the Appeals Board would have the power to grant in its final decision.

(2) Without prejudice to the generality of the foregoing, if the Appeals Board considers that it is necessary as a matter of urgency for the purpose of –

(a) preventing significant damage to a particular person or category of person, or

(b) protecting the public interest,

the Appeals Board may give such directions as it considers appropriate for that purpose.

(3) The Appeals Board shall exercise its power under this rule taking into account all the relevant circumstances, including –
(a) the urgency of the matter;

(b) the effect on the party making the request if the relief sought is not granted;

(c) the effect on competition if the relief is granted; and

(d) the existence and adequacy of any offer of an undertaking as to damages.

(4) Any order or direction under this rule is subject to the Appeal Board’s further order, direction or final decision.

(5) A party shall apply for an order or a direction under paragraphs (1) and (2) by sending a request for interim relief in the form required by paragraph (6) to the Chairperson.

(6) The request for interim relief shall state –

(a) the subject matter of the proceedings;

(b) in the case of a request for a direction pursuant to paragraph (2), the circumstances giving rise to the urgency;

(c) the factual and legal grounds establishing a prima facie case for the granting of interim relief by the Appeals Board;

(d) the relief sought;

(7) An order or direction for interim relief may be made against a person who is not a party to the proceedings, provided that no such order may be made unless that person has been given an opportunity to be heard.

(8) If the urgency of the case so requires, the Appeals Board may grant the request for interim relief before the observations of the other parties have been submitted.

PART V THE HEARING AND DECISION
Hearing to be in public. 21. (1)The proceedings of the Appeals Board must be open to the public except where the Appeals Board, for sufficient cause, otherwise directs, taking into account-

(a) information the disclosure of which would in the Appeals Board opinion be contrary to the public interest;

(b) Confidential commercial information the disclosure of which would or might, in the Appeals Board opinion, significantly harm the legitimate business interests of the undertaking to which the information relates;

(c) information relating to the private affairs of an individual the disclosure of which would, or might, in the opinion of the Appeals Board, significantly harm their interests.

(2) The hearing of any application for an interim order may be held in Chambers.

Procedure during hearing. 22. (1) At the beginning of the hearing, the Chairperson shall explain the order of proceedings which the Appeals Board proposes to adopt.

(2) Subject to paragraph 1, the Appeals Board must conduct its hearings in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings.

(3) The parties must be heard in such order as the Appeals Board must determine, and must be entitled to give evidence, to call witnesses, to question any witnesses and to address the Appeals Board on the evidence and the subject matter of the appeal.

(4) The Appeals Board may at any stage of the proceedings require the personal attendance of any deponent or author of a written statement.

(5) At any hearing the Appeals Board may, if it is satisfied that it is just to do so, permit a party to rely on grounds not stated in the statement of appeal or, the reply where such grounds were not within the knowledge of the party at the time of filing.

(6) The Appeals Board may make orders to secure the attendance of any person before the Appeals Board, discovery or production of any document concerning a matter before the Appeals Board it deems necessary.

(7) The Appeals Board shall require any witness giving evidence to swear an oath or affirm and for that purpose it may administer an oath or affirmation.

(8) Unless the Appeals Board otherwise directs, no witness must be heard unless the relevant witness statement or expert report has been submitted in advance of the hearing and in accordance with any directions of the Appeals Board.

Expert Evidence. 23. (1) The Appeals Board shall have powers to engage the service of an independent expert in any proceedings as may be appropriate upon such terms and conditions as the Chairperson may determine.

(2) The Appeals Board may use the views of the expert referred to in paragraph (1) in making decision on an appeal.

(2) The expert referred may be cross-examined by any of the parties and shall disclose any interest in the matter before the Appeals Board or any subsequent interest acquired relating to the matter in question.

Conflict of Interest. 24. (1) A member of the Appeals Board shall disclose any interest on the matter which is the subject of proceedings that could conflict with the proper performance of the member’s functions.

(2) Except with the consent of all the parties, any member who has declared interest under this section shall not take part in the proceedings.

(3) A member who takes part in the proceeding of the Appeals Board in contravention of this section commits an offence.

Power of the Appeals Board during hearing. 25. (1) For the purpose of proceedings before the Appeals Board, the Appeals Board may —
(a)take evidence on oath;

(b)proceed in the absence of a party who has reasonable notice of the proceedings; and

(c)adjourn the hearing of the proceedings.

(2) For the purpose of hearing proceedings before the Appeals Board, the Appeals Board shall have powers of a subordinate Court to summon a person to appear before it—
(a)to give evidence; or

(b)to produce books, documents or things mentioned in the summons.

(3)Where the Appeals Board considers it desirable for the purposes of avoiding expenses or delay, or for any other special reason, it may receive evidence by affidavit and administer interrogations and require the persons to whom interrogations are administered to make a full and true reply to the interrogations.

(4)The Appeals Board shall have power to request for examination of witnesses abroad.
Contempt of the Appeals Board. 26. Any person who —

(a)fails to attend the Appeals Board after having been required to do so under these Rules;

(b)refuses to take an oath or affirmation before the Appeals Board;

(c) fails to produce any article or document when lawfully required to do so by the Appeals Board;

(d)knowingly gives false evidence or information which the person knows to be misleading before the Appeals Board;

(e)at any sitting of the Appeals Board willfully insults any member or officer of the Appeals Board or willfully interrupts the proceedings;

(f) fails or neglects to comply with a decision, order, direction or notice confirmed by the Appeals Board,

may be held to be in contempt of the Appeals Board and it may make any just and necessary orders to uphold its integrity.

(2) The Appeals Board may exclude from the hearing or any part of it; any person who is in contempt under sub rule (1) until the contempt is purged.

Decision making
27. Unless a unanimous decision is reached, a decision on any matter before the Appeals Board shall be by a majority of votes of the members present and in case of an equality of votes, the Chairperson shall have a casting vote.

(2) The decision of the Appeals Board shall be delivered in public on a date fixed for that purpose the decision must—
(a) be reduced to writing;

(b) contain a summarized statement of the reasons for the decision; and

(c) be signed and dated by the chairperson and every who heard the matter.

(3) Decisions of the Appeals Board must be enforceable upon filing of the decision in a Subordinate Court registry and they may be executed as a decision of that Court.

(4) The Appeals Board shall make a decision in writing —
(a)affirming the decision under review;

(b)varying the decision under review; or

(c)setting aside the decision under review and either-

(i)making a decision in substitution for the decision so set aside; or

(ii)referring the matter to the Commissioner for reconsideration in accordance with any directions or recommendations of the Appeals Board.

(5) The Appeals Board shall give reasons in writing for its decision, including its findings on material questions of fact and reference to the evidence or other material on which those findings were based.

(6)The Appeals Board shall cause a copy of its decision, including the reasons for the decision, to be served on each party to the proceeding.

(7)Subject to paragraph (5), a decision of a Appeals Board shall come into operation on date the notice of the decision is given or on such other date as may be specified by the Appeals Board in the notice.

(8)A decision of the Appeals Board shall have effect as and be enforceable as if it were a decision of a court.

(9)Subject to paragraph (10), all decisions of the Appeals Board and all evidence received by it, including a transcript of the report of the hearings, are public records open to inspection of the public.

(10)Subject to paragraph (10), a Appeals Board shall provide for the publication of its decisions, including reasons, in such form and manner as may be adapted for public information and use, and such authorized publication is evidence of the decisions of the Appeals Board in all courts of Kenya without any further proof of authentication.

(11) The Appeals Board shall ensure that in releasing, or allowing access to, information under paragraph (8) or (9) measures are taken to prevent the disclosure of trade secrets or other confidential commercial information.

Delivery of Decision. 28. (1) The decision of the Appeals Board shall be delivered:
(a) by handing down the decision in public on a date fixed for that purpose;

(c) by publishing the decision on the Appeals Board website;

(c) in such other manner as may be specified by practice direction.

(2) The Chairperson shall send a copy of the document recording the decision to each party and shall cause it to be entered on the register.

(3) The decision of the Appeals Board shall be treated as having been notified on the date on which a copy of the document recording it is sent to the parties under paragraph (2).

(4) The Chairperson shall arrange for the decision of the Appeals Board to be published in such manner as he considers appropriate.

Review of decision 29. If a person is aggrieved by a decision of the Appeals Board from which an appeal is allowed but has not been preferred, the person may apply for a review of judgement to the Appeals Board without unreasonable delay in any of the following circumstances—
(a)after the exercise of due diligence, new and important matter or evidence has been discovered, which was not within their knowledge or could not be produced by the person at the time when the decision was made; or

(b)mistake or error apparent on the face of the record; or(c)any other sufficient reason.
(2) A party who is not appealing the decision of the Appeals Board may apply for a review of judgment despite the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, they can present to the
High Court the case on which they applied for the review.

(3) An application for review of a decision of the Appeals Board upon some ground other than discovery of such new and important matter or evidence as is referred to in sub rule 1, or the existence of a clerical or arithmetic mistake or error apparent on the face of the decision, shall be made in Form AB 4.

(4) Where it appears to the court that there is not sufficient ground for a review, it shall dismiss the application.

(5)Where the Appeals Board is of the opinion that the application for review should be granted, it shall grant the same:

(6) Despite sub rule (5) no such application shall be granted
on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge, or could not be adduced by him when the decision was passed or made without strict proof of such allegation.

(7) The applicant must within fourteen days of filing the
application serve the application for review and the supporting documents on all the parties.

(8) A party served has fourteen days from the date of service of the application under sub rule (3) to file and serve a statement of response.

(9)When the application for review is granted, the Appeals Board shall make such order in regard to the review as it thinks fit.

(10) No application to review a decision made on an application for a review of a decision passed or made on a review shall be entertained
Further Appeal to the High Court. 30. (1) A request to the Appeals Board for permission to appeal from a decision of the Appeals Board shall be made in writing and sent to the Chairperson within three weeks of the notification of that decision.

(2) A request for permission to appeal shall be signed and dated by the party or his representative and shall –

(a) state the name and address of the party and of any representative of the party;

(b) identify the Appeals Board decision to which the request relates;

(c) state the grounds on which the party intends to rely in his appeal; and

(d) state whether the party requests a hearing of his request and any special circumstances relied on.

Decision of the Tribunal on request for permission to appeal
31. (1) On receipt of a request for permission to appeal, the Appeals Court shall decide without a hearing whether or not to grant such permission, unless it considers that special circumstances render a hearing desirable

(2) The decision of the Appeals Board on a request for permission to appeal shall be recorded in writing and the Chairperson shall notify the parties of such decision.

Costs. 32. (1) The Appeals Board may, at any stage of the proceedings, make any order it may deem fit in relation to the payment of costs by one party to another in respect of the whole or part of the proceedings including an order for security for costs.

(2) The Appeals Board may direct any party against whom an order for costs is made to pay such costs to any other party in a lump sum or such proportion of the costs as may be just.

(3) Where the Appeals Board makes an order for costs under this rule, the Appeals Board may—
(a) assess the costs at the time of making the order; or
(b) direct that the costs be assessed on conclusion of the matter.

(4) Any costs required by an order under this rule to be assessed must be assessed by the Secretary.

(5) The Appeals Board may direct that witness expenses be paid to any witness or expert.

Records. 33. The proceedings before the Appeals Board shall be recorded in such form or manner as the Appeals Board may determine.