41Registrars may make certain interlocutory decisions of Tribunal

#### 41 Registrars may make certain interlocutory decisions of Tribunal 41 Registrars may make certain interlocutory decisions of Tribunal > > (1) A registrar may, at the direction of the President or a Division Head, make any of the following interlocutory decisions of the Tribunal on behalf of the Tribunal— > > > > > (a) a decision under section 41 of the Act concerning the extension of the period of time for the doing of a thing under legislation in connection with proceedings, > > > > > (b) a decision under section 45 of the Act concerning the granting or revocation of leave for a person to represent a party to proceedings, > > > > > (c) a decision under section 45(4)(a) or (b) of the Act concerning the appointment of a person to act as guardian ad litem for a party, or represent a party, in proceedings, > > > > > (d) a decision under section 45(4)(c) of the Act concerning the making of an order for a party to be separately represented in proceedings, > > > > > (e) a decision under section 55(1)(a) or (d) of the Act concerning the dismissal of proceedings, > > > > > (f) a decision under section 64(1)(d) of the Act concerning the making of an order prohibiting or restricting the disclosure of evidence or documents in proceedings, > > > > > (g) a decision under clause 10 of Schedule 6 (Guardianship Division) to the Act concerning the granting of consent for the withdrawal of an application in proceedings, > > > > > (h) a decision concerning the setting aside of a summons or excusing compliance with a summons in connection with proceedings, > > > > > (i) a decision concerning the granting of access to documents or things produced in compliance with a summons in proceedings. > > > > Note— > > > > See also clause 8 (Certain guardianship functions may be exercised by registrar) of Schedule 6 to the Act. > > > (1A) Proceedings for a decision by a registrar under subrule (1) are prescribed for the purposes of section 50(1)(d) of the Act. > > > > Note— > > > > Section 50(1)(d) of the Act enables the Tribunal rules to prescribe circumstances in which hearings are not required for proceedings in the Tribunal. > > > (2) The President or a Division Head may direct a registrar to refer the making of such a decision in a particular matter to the Tribunal. The registrar must comply with such a direction. > > > (3) A registrar may refer a particular matter to the Tribunal if the registrar considers it would be more appropriate for the Tribunal to deal with the matter. > > > (4) A decision of the Tribunal made by a registrar under this rule is declared to be internally appellable for the purposes of section 32 of the Act if the decision would have been an internally appellable decision for the purposes of the Act had it been made by the Tribunal rather than the registrar. > > > > Note— > > > > Section 32(6) of the Act provides that if a decision of a registrar is an internally appealable decision, the provisions of the Act relating to the making and determination of an internal appeal are taken to apply as if— > > > > > (a) any reference to the Tribunal at first instance (however expressed) included a reference to a registrar, and > > > > > (b) any requirement concerning the granting of leave to appeal against particular kinds of decisions of the Tribunal or on particular grounds extended to decisions of the same kind made by a registrar or grounds of the same kind. > > > > Section 80(2) of the Act requires the leave of the Appeal Panel for an internal appeal against an interlocutory decision of the Tribunal at first instance. > > **rule 41:** Am 2018 (768), cl 3 (2); 2019 (496), cl 3(2).