133AExtension of time for making certain applications

133A Extension of time for making certain applications

133A Extension of time for making certain applications

(1) This rule specifies the procedure for determining a period of time, longer than the statutory period, within which 1 of the following (a relevant application) may be made—

(a) an appeal under the 1998 Act, section 352,

(b) an application under the MAC Act, section 63,

(c) an application under the MAI Act, section 7.15,

(d) an application under the MAI Act, section 7.26,

(e) a police officer support scheme dispute appeal.

Note—

The listed provisions specify that a relevant application must be made within the statutory period or a longer period determined or allowed in accordance with these Rules.

(2) A party seeking to make a relevant application after the end of the statutory period may make an additional application (an extension application) for an order determining a longer period within which the party may make the relevant application.

(3) An extension application—

(a) must be made at the same time as the relevant application to which it relates, and

(b) must be in the approved form, and

(c) must include full details of the arguments relied on in favour of granting the order, and

(d) is taken to form part of the relevant application for the purposes of the requirements relating to service under rules 123, 126B and 129.

(4) The extension application must be decided by the following (the decision-maker)—

(a) for an appeal under the 1998 Act, section 352 or a police officer support scheme dispute appeal—a presidential member,

(b) otherwise—the President.

(5) The decision-maker must not make an order in relation to the following extension applications unless—

(a) for a relevant application made under the 1998 Act or the Police Act 1990—the decision-maker is satisfied, in exceptional circumstances, that to lose the right to make the relevant application would work demonstrable and substantial injustice, and