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21 | Upper Tribunal’s “judicial review” jurisdiction: Scotland |
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(1) | The Upper Tribunal has the function of deciding applications transferred to it |
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from the Court of Session under section 20(1). |
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(2) | The powers of review of the Upper Tribunal in relation to such applications are |
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the same as the powers of review of the Court of Session in an application to |
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the supervisory jurisdiction of that Court. |
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(3) | In deciding an application by virtue of subsection (1), the Upper Tribunal must |
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apply principles that the Court of Session would apply in deciding an |
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application to the supervisory jurisdiction of that Court. |
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(4) | An order of the Upper Tribunal by virtue of subsection (1)— |
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(a) | has the same effect as the corresponding order granted by the Court of |
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Session on an application to the supervisory jurisdiction of that Court, |
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(b) | is enforceable as if it were an order so granted by that Court. |
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(5) | Where an application is transferred to the Upper Tribunal by virtue of section |
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20(1), any steps taken or orders made by the Court of Session in relation to the |
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application (other than the order to transfer the application under section |
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20(1)) are to be treated as taken or made by the tribunal. |
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(6) | Tribunal Procedure Rules may make further provision for the purposes of |
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supplementing subsection (5). |
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22 | Tribunal Procedure Rules |
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(1) | There are to be rules, to be called “Tribunal Procedure Rules”, governing— |
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(a) | the practice and procedure to be followed in the First-tier Tribunal, and |
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(b) | the practice and procedure to be followed in the Upper Tribunal. |
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(2) | Tribunal Procedure Rules are to be made by the Tribunal Procedure |
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Part 1 makes further provision about the content of Tribunal Procedure |
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Part 2 makes provision about the membership of the Tribunal Procedure |
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Part 3 makes provision about the making of Tribunal Procedure Rules by |
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Part 4 confers power to amend legislation in connection with Tribunal |
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(4) | Power to make Tribunal Procedure Rules is to be exercised with a view to |
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(a) | that, in proceedings before the First-tier Tribunal and Upper Tribunal, |
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(b) | that the tribunal system is accessible and fair, |
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(c) | that proceedings before the First-tier Tribunal or Upper Tribunal are |
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handled quickly and efficiently, |
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(d) | that the rules are both simple and simply expressed, and |
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(e) | that the rules where appropriate confer on members of the First-tier |
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Tribunal, or Upper Tribunal, responsibility for ensuring that |
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proceedings before the tribunal are handled quickly and efficiently. |
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(5) | In subsection (4)(b) “the tribunal system” means the system for deciding |
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matters within the jurisdiction of the First-tier Tribunal or the Upper Tribunal. |
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(1) | The Senior President of Tribunals may give directions— |
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(a) | as to the practice and procedure of the First-tier Tribunal; |
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(b) | as to the practice and procedure of the Upper Tribunal. |
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(2) | A Chamber President may give directions as to the practice and procedure of |
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the chamber over which he presides. |
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(3) | A power under this section to give directions includes— |
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(a) | power to vary or revoke directions made in exercise of the power, and |
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(b) | power to make different provision for different purposes (including |
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different provision for different areas). |
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(4) | Directions under subsection (1) may not be given without the approval of the |
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(5) | Directions under subsection (2) may not be given without the approval of— |
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(a) | the Senior President of Tribunals, and |
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(6) | Subsections (4) and (5)(b) do not apply to directions to the extent that they |
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consist of guidance about any of the following— |
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(a) | the application or interpretation of the law; |
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(b) | the making of decisions by members of the First-tier Tribunal or Upper |
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(7) | Subsections (4) and (5)(b) do not apply to directions to the extent that they |
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consist of criteria for determining which members of the First-tier Tribunal or |
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Upper Tribunal may be chosen to decide particular categories of matter; but |
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the directions may, to that extent, be given only after consulting the Lord |
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(1) | A person exercising power to make Tribunal Procedure Rules or give practice |
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directions must, when making provision in relation to mediation, have regard |
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to the following principles— |
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(a) | mediation of matters in dispute between parties to proceedings is to |
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take place only by agreement between those parties; |
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(b) | where parties to proceedings fail to mediate, or where mediation |
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between parties to proceedings fails to resolve disputed matters, the |
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failure is not to affect the outcome of the proceedings. |
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(2) | Practice directions may provide for members to act as mediators in relation to |
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disputed matters in a case that is the subject of proceedings. |
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(3) | The provision that may be made by virtue of subsection (2) includes provision |
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for a member to act as a mediator in relation to disputed matters in a case even |
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though the member has been chosen to decide matters in the case. |
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(4) | Once a member has begun to act as a mediator in relation to a disputed matter |
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in a case that is the subject of proceedings, the member may decide matters in |
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the case only with the consent of the parties. |
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(5) | Staff appointed under section 40(1) may, subject to their terms of appointment, |
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act as mediators in relation to disputed matters in a case that is the subject of |
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“member” means a judge or other member of the First-tier Tribunal or a |
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judge or other member of the Upper Tribunal; |
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“practice direction” means a direction under section 23(1) or (2); |
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“proceedings” means proceedings before the First-tier Tribunal or |
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proceedings before the Upper Tribunal. |
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25 | Supplementary powers of Upper Tribunal |
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(1) | In relation to the matters mentioned in subsection (2), the Upper Tribunal— |
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(a) | has, in England and Wales or in Northern Ireland, the same powers, |
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rights, privileges and authority as the High Court, and |
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(b) | has, in Scotland, the same powers, rights, privileges and authority as |
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(a) | the attendance and examination of witnesses, |
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(b) | the production and inspection of documents, and |
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(c) | all other matters incidental to the Upper Tribunal’s functions. |
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(3) | Subsection (1) shall not be taken— |
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(a) | to limit any power to make Tribunal Procedure Rules; |
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(b) | to be limited by anything in Tribunal Procedure Rules other than an |
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(4) | A power, right, privilege or authority conferred in a territory by subsection (1) |
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is available for purposes of proceedings in the Upper Tribunal that take place |
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outside that territory (as well as for purposes of proceedings in the tribunal that |
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take place within that territory). |
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26 | First-tier Tribunal and Upper Tribunal: sitting places |
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Each of the First-tier Tribunal and the Upper Tribunal may decide a case— |
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(a) | in England and Wales, |
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even though the case arises under the law of a territory other than the one in |
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which the case is decided. |
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(1) | A sum payable in pursuance of a decision of the First-tier Tribunal or Upper |
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Tribunal made in England and Wales— |
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(a) | shall be recoverable as if it were payable under an order of a county |
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court in England and Wales; |
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(b) | shall be recoverable as if it were payable under an order of the High |
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Court in England and Wales. |
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(2) | An order for the payment of a sum payable in pursuance of a decision of the |
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First-tier Tribunal or Upper Tribunal made in Scotland (or a copy of such an |
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order certified in accordance with Tribunal Procedure Rules) may be enforced |
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as if it were an extract registered decree arbitral bearing a warrant for execution |
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issued by the sheriff court of any sheriffdom in Scotland. |
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(3) | A sum payable in pursuance of a decision of the First-tier Tribunal or Upper |
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Tribunal made in Northern Ireland— |
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(a) | shall be recoverable as if it were payable under an order of a county |
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court in Northern Ireland; |
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(b) | shall be recoverable as if it were payable under an order of the High |
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Court in Northern Ireland. |
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(4) | This section does not apply to a sum payable in pursuance of— |
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(a) | an award under section 16(6), or |
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(b) | an order by virtue of section 21(1). |
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(5) | The Lord Chancellor may by order make provision for subsection (1) or (3) to |
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apply in relation to a sum of a description specified in the order with the |
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omission of one (but not both) of paragraphs (a) and (b). |
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(6) | Tribunal Procedure Rules— |
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(a) | may make provision as to where, for purposes of this section, a decision |
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is to be taken to be made; |
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(b) | may provide for all or any of subsections (1) to (3) to apply only, or not |
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to apply except, in relation to sums of a description specified in |
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Tribunal Procedure Rules. |
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(1) | If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before |
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it requires special expertise not otherwise available to it, it may direct that in |
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dealing with that matter it shall have the assistance of a person or persons |
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appearing to it to have relevant knowledge or experience. |
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(2) | The remuneration of a person who gives assistance to either tribunal as |
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mentioned in subsection (1) shall be determined and paid by the Lord |
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(3) | The Lord Chancellor may— |
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(a) | establish panels of persons from which either tribunal may (but need |
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not) select persons to give it assistance as mentioned in subsection (1); |
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(b) | under paragraph (a) establish different panels for different purposes; |
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(c) | after carrying out such consultation as he considers appropriate, |
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appoint persons to a panel established under paragraph (a); |
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(d) | remove a person from such a panel. |
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