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7 | Chambers: jurisdiction and Presidents |
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(1) | The Lord Chancellor may, with the concurrence of the Senior President of |
| |
Tribunals, by order make provision for the organisation of each of the First-tier |
| |
Tribunal and the Upper Tribunal into a number of chambers. |
| |
| 5 |
(a) | for each chamber of the First-tier Tribunal, and |
| |
(b) | for each chamber of the Upper Tribunal, |
| |
| to be a person, or two persons, to preside over that chamber. |
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(3) | A person may not at any particular time preside over more than one chamber |
| |
of the First-tier Tribunal and may not at any particular time preside over more |
| 10 |
than one chamber of the Upper Tribunal (but may at the same time preside |
| |
over one chamber of the First-tier Tribunal and over one chamber of the Upper |
| |
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(4) | A person appointed under this section to preside over a chamber is to be |
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known as a Chamber President. |
| 15 |
(5) | Where two persons are appointed under this section to preside over the same |
| |
chamber, any reference in an enactment to the Chamber President of the |
| |
chamber is a reference to a person appointed under this section to preside over |
| |
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(6) | The Senior President of Tribunals may (consistently with subsections (2) and |
| 20 |
(3)) appoint a person who is the Chamber President of a chamber to preside |
| |
instead, or to preside also, over another chamber. |
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(7) | The Lord Chancellor may (consistently with subsections (2) and (3)) appoint a |
| |
person who is not a Chamber President to preside over a chamber. |
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(8) | Schedule 4 (eligibility for appointment under subsection (7), appointment of |
| 25 |
Deputy Chamber Presidents and Acting Chamber Presidents, assignment of |
| |
judges and other members of the First-tier Tribunal and Upper Tribunal, and |
| |
further provision about Chamber Presidents and chambers) has effect. |
| |
(9) | Each of the Lord Chancellor and the Senior President of Tribunals may, with |
| |
the concurrence of the other, by order— |
| 30 |
(a) | make provision for the allocation of the First-tier Tribunal’s functions |
| |
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(b) | make provision for the allocation of the Upper Tribunal’s functions |
| |
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(c) | amend or revoke any order made under this subsection. |
| 35 |
8 | Senior President of Tribunals: power to delegate |
| |
(1) | The Senior President of Tribunals may delegate any function he has in his |
| |
capacity as Senior President of Tribunals— |
| |
(a) | to any judge, or other member, of the Upper Tribunal or First-tier |
| |
| 40 |
(b) | to staff appointed under section 40(1). |
| |
(2) | Subsection (1) does not apply to functions of the Senior President of Tribunals |
| |
| |
|
| |
|
| |
|
(3) | A delegation under subsection (1) is not revoked by the delegator’s becoming |
| |
| |
(4) | Any delegation under subsection (1) that is in force immediately before a |
| |
person ceases to be Senior President of Tribunals continues in force until varied |
| |
or revoked by a subsequent holder of the office of Senior President of |
| 5 |
| |
(5) | The delegation under this section of a function shall not prevent the exercise of |
| |
the function by the Senior President of Tribunals. |
| |
Review of decisions and appeals |
| |
9 | Review of decision of First-tier Tribunal |
| 10 |
(1) | The First-tier Tribunal may review a decision made by it on a matter in a case, |
| |
other than a decision that is an excluded decision for the purposes of section |
| |
11(1) (but see subsection (9)). |
| |
(2) | The First-tier Tribunal’s power under subsection (1) in relation to a decision is |
| |
| 15 |
(a) | of its own initiative, or |
| |
(b) | on application by a person who for the purposes of section 11(2) has a |
| |
right of appeal in respect of the decision. |
| |
(3) | Tribunal Procedure Rules may— |
| |
(a) | provide that the First-tier Tribunal may not under subsection (1) review |
| 20 |
(whether of its own initiative or on application under subsection (2)(b)) |
| |
a decision of a description specified for the purposes of this paragraph |
| |
in Tribunal Procedure Rules; |
| |
(b) | provide that the First-tier Tribunal’s power under subsection (1) to |
| |
review a decision of a description specified for the purposes of this |
| 25 |
paragraph in Tribunal Procedure Rules is exercisable only of the |
| |
tribunal’s own initiative; |
| |
(c) | provide that an application under subsection (2)(b) that is of a |
| |
description specified for the purposes of this paragraph in Tribunal |
| |
Procedure Rules may be made only on grounds specified for the |
| 30 |
purposes of this paragraph in Tribunal Procedure Rules; |
| |
(d) | provide, in relation to a decision of a description specified for the |
| |
purposes of this paragraph in Tribunal Procedure Rules, that the First- |
| |
tier Tribunal’s power under subsection (1) to review the decision of its |
| |
own initiative is exercisable only on grounds specified for the purposes |
| 35 |
of this paragraph in Tribunal Procedure Rules. |
| |
(4) | Where the First-tier Tribunal has under subsection (1) reviewed a decision, the |
| |
First-tier Tribunal may in the light of the review do any of the following— |
| |
(a) | correct accidental errors in the decision or in a record of the decision; |
| |
(b) | amend reasons given for the decision; |
| 40 |
(c) | set the decision aside. |
| |
(5) | Where under subsection (4)(c) the First-tier Tribunal sets a decision aside, the |
| |
First-tier Tribunal must either— |
| |
(a) | re-decide the matter concerned, or |
| |
(b) | refer that matter to the Upper Tribunal. |
| 45 |
|
| |
|
| |
|
(6) | Where a matter is referred to the Upper Tribunal under subsection (5)(b), the |
| |
Upper Tribunal must re-decide the matter. |
| |
(7) | Where the Upper Tribunal is under subsection (6) re-deciding a matter, it may |
| |
make any decision which the First-tier Tribunal could make if the First-tier |
| |
Tribunal were re-deciding the matter. |
| 5 |
(8) | Where a tribunal is acting under subsection (5)(a) or (6), it may make such |
| |
findings of fact as it considers appropriate. |
| |
(9) | This section has effect as if a decision under subsection (4)(c) to set aside an |
| |
earlier decision were not an excluded decision for the purposes of section 11(1), |
| |
but the First-tier Tribunal’s only power in the light of a review under |
| 10 |
subsection (1) of a decision under subsection (4)(c) is the power under |
| |
| |
(10) | A decision of the First-tier Tribunal may not be reviewed under subsection (1) |
| |
more than once, and once the First-tier Tribunal has decided that an earlier |
| |
decision should not be reviewed under subsection (1) it may not then decide to |
| 15 |
review that earlier decision under that subsection. |
| |
(11) | Where under this section a decision is set aside and the matter concerned is |
| |
then re-decided, the decision set aside and the decision made in re-deciding the |
| |
matter are for the purposes of subsection (10) to be taken to be different |
| |
| 20 |
10 | Review of decision of Upper Tribunal |
| |
(1) | The Upper Tribunal may review a decision made by it on a matter in a case, |
| |
other than a decision that is an excluded decision for the purposes of section |
| |
13(1) (but see subsection (7)). |
| |
(2) | The Upper Tribunal’s power under subsection (1) in relation to a decision is |
| 25 |
| |
(a) | of its own initiative, or |
| |
(b) | on application by a person who for the purposes of section 13(2) has a |
| |
right of appeal in respect of the decision. |
| |
(3) | Tribunal Procedure Rules may— |
| 30 |
(a) | provide that the Upper Tribunal may not under subsection (1) review |
| |
(whether of its own initiative or on application under subsection (2)(b)) |
| |
a decision of a description specified for the purposes of this paragraph |
| |
in Tribunal Procedure Rules; |
| |
(b) | provide that the Upper Tribunal’s power under subsection (1) to |
| 35 |
review a decision of a description specified for the purposes of this |
| |
paragraph in Tribunal Procedure Rules is exercisable only of the |
| |
tribunal’s own initiative; |
| |
(c) | provide that an application under subsection (2)(b) that is of a |
| |
description specified for the purposes of this paragraph in Tribunal |
| 40 |
Procedure Rules may be made only on grounds specified for the |
| |
purposes of this paragraph in Tribunal Procedure Rules; |
| |
(d) | provide, in relation to a decision of a description specified for the |
| |
purposes of this paragraph in Tribunal Procedure Rules, that the Upper |
| |
Tribunal’s power under subsection (1) to review the decision of its own |
| 45 |
initiative is exercisable only on grounds specified for the purposes of |
| |
this paragraph in Tribunal Procedure Rules. |
| |
|
| |
|
| |
|
(4) | Where the Upper Tribunal has under subsection (1) reviewed a decision, the |
| |
Upper Tribunal may in the light of the review do any of the following— |
| |
(a) | correct accidental errors in the decision or in a record of the decision; |
| |
(b) | amend reasons given for the decision; |
| |
(c) | set the decision aside. |
| 5 |
(5) | Where under subsection (4)(c) the Upper Tribunal sets a decision aside, the |
| |
Upper Tribunal must re-decide the matter concerned. |
| |
(6) | Where the Upper Tribunal is acting under subsection (5), it may make such |
| |
findings of fact as it considers appropriate. |
| |
(7) | This section has effect as if a decision under subsection (4)(c) to set aside an |
| 10 |
earlier decision were not an excluded decision for the purposes of section 13(1), |
| |
but the Upper Tribunal’s only power in the light of a review under subsection |
| |
(1) of a decision under subsection (4)(c) is the power under subsection (4)(a). |
| |
(8) | A decision of the Upper Tribunal may not be reviewed under subsection (1) |
| |
more than once, and once the Upper Tribunal has decided that an earlier |
| 15 |
decision should not be reviewed under subsection (1) it may not then decide to |
| |
review that earlier decision under that subsection. |
| |
(9) | Where under this section a decision is set aside and the matter concerned is |
| |
then re-decided, the decision set aside and the decision made in re-deciding the |
| |
matter are for the purposes of subsection (8) to be taken to be different |
| 20 |
| |
11 | Right to appeal to Upper Tribunal |
| |
(1) | For the purposes of subsection (2), the reference to a right of appeal is to a right |
| |
to appeal to the Upper Tribunal on any point of law arising from a decision |
| |
made by the First-tier Tribunal other than an excluded decision. |
| 25 |
(2) | Any party to a case has a right of appeal, subject to subsection (8). |
| |
(3) | That right may be exercised only with permission (or, in Northern Ireland, |
| |
| |
(4) | Permission (or leave) may be given by— |
| |
(a) | the First-tier Tribunal, or |
| 30 |
| |
| on an application by the party. |
| |
(5) | For the purposes of subsection (1), an “excluded decision” is— |
| |
(a) | any decision of the First-tier Tribunal on an appeal made in exercise of |
| |
a right conferred by the Criminal Injuries Compensation Scheme in |
| 35 |
compliance with section 5(1)(a) of the Criminal Injuries Compensation |
| |
Act 1995 (c. 53) (appeals against decisions on reviews), |
| |
(b) | any decision of the First-tier Tribunal on an appeal under section 28(4) |
| |
or (6) of the Data Protection Act 1998 (c. 29) (appeals against national |
| |
| 40 |
(c) | any decision of the First-tier Tribunal on an appeal under section 60(1) |
| |
or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against |
| |
national security certificate), |
| |
(d) | a decision of the First-tier Tribunal under section 9— |
| |
(i) | to review, or not to review, an earlier decision of the tribunal, |
| 45 |
|
| |
|
| |
|
(ii) | to take no action, or not to take any particular action, in the light |
| |
of a review of an earlier decision of the tribunal, |
| |
(iii) | to set aside an earlier decision of the tribunal, or |
| |
(iv) | to refer, or not to refer, a matter to the Upper Tribunal, |
| |
(e) | a decision of the First-tier Tribunal that is set aside under section 9 |
| 5 |
(including a decision set aside after proceedings on an appeal under |
| |
this section have been begun), or |
| |
(f) | any decision of the First-tier Tribunal that is of a description specified |
| |
in an order made by the Lord Chancellor. |
| |
(6) | A description may be specified under subsection (5)(f) only if— |
| 10 |
(a) | in the case of a decision of that description, there is a right to appeal to |
| |
a court, the Upper Tribunal or any other tribunal from the decision and |
| |
that right is, or includes, something other than a right (however |
| |
expressed) to appeal on any point of law arising from the decision, or |
| |
(b) | decisions of that description are made in carrying out a function |
| 15 |
transferred under section 30 and prior to the transfer of the function |
| |
under section 30(1) there was no right to appeal from decisions of that |
| |
| |
| |
(a) | an order under subsection (5)(f) specifies a description of decisions, and |
| 20 |
(b) | decisions of that description are made in carrying out a function |
| |
transferred under section 30, |
| |
| the order must be framed so as to come into force no later than the time when |
| |
the transfer under section 30 of the function takes effect (but power to revoke |
| |
the order continues to be exercisable after that time, and power to amend the |
| 25 |
order continues to be exercisable after that time for the purpose of narrowing |
| |
the description for the time being specified). |
| |
(8) | The Lord Chancellor may by order make provision for a person to be treated |
| |
as being, or to be treated as not being, a party to a case for the purposes of |
| |
| 30 |
12 | Proceedings on appeal to Upper Tribunal |
| |
(1) | Subsection (2) applies if the Upper Tribunal, in deciding an appeal under |
| |
section 11, finds that the making of the decision concerned involved the |
| |
making of an error on a point of law. |
| |
| 35 |
(a) | may (but need not) set aside the decision of the First-tier Tribunal, and |
| |
(b) | if it does, must either— |
| |
(i) | remit the case to the First-tier Tribunal with directions for its |
| |
| |
(ii) | re-make the decision. |
| 40 |
(3) | In acting under subsection (2)(b)(i), the Upper Tribunal may also— |
| |
(a) | direct that the members of the First-tier Tribunal who are chosen to |
| |
reconsider the case are not to be the same as those who made the |
| |
decision that has been set aside; |
| |
(b) | give procedural directions in connection with the reconsideration of the |
| 45 |
case by the First-tier Tribunal. |
| |
|
| |
|
| |
|
(4) | In acting under subsection (2)(b)(ii), the Upper Tribunal— |
| |
(a) | may make any decision which the First-tier Tribunal could make if the |
| |
First-tier Tribunal were re-making the decision, and |
| |
(b) | may make such findings of fact as it considers appropriate. |
| |
13 | Right to appeal to Court of Appeal etc. |
| 5 |
(1) | For the purposes of subsection (2), the reference to a right of appeal is to a right |
| |
to appeal to the relevant appellate court on any point of law arising from a |
| |
decision made by the Upper Tribunal other than an excluded decision. |
| |
(2) | Any party to a case has a right of appeal, subject to subsection (14). |
| |
(3) | That right may be exercised only with permission (or, in Northern Ireland, |
| 10 |
| |
(4) | Permission (or leave) may be given by— |
| |
(a) | the Upper Tribunal, or |
| |
(b) | the relevant appellate court, |
| |
| on an application by the party. |
| 15 |
(5) | An application may be made under subsection (4) to the relevant appellate |
| |
court only if permission (or leave) has been refused by the Upper Tribunal. |
| |
(6) | The Lord Chancellor may, as respects an application under subsection (4) that |
| |
falls within subsection (7) and for which the relevant appellate court is the |
| |
Court of Appeal in England and Wales or the Court of Appeal in Northern |
| 20 |
Ireland, by order make provision for permission (or leave) not to be granted on |
| |
the application unless the Upper Tribunal or (as the case may be) the relevant |
| |
appellate court considers— |
| |
(a) | that the proposed appeal would raise some important point of principle |
| |
| 25 |
(b) | that there is some other compelling reason for the relevant appellate |
| |
court to hear the appeal. |
| |
(7) | An application falls within this subsection if the application is for permission |
| |
(or leave) to appeal from any decision of the Upper Tribunal on an appeal |
| |
| 30 |
(8) | For the purposes of subsection (1), an “excluded decision” is— |
| |
(a) | any decision of the Upper Tribunal on an appeal under section 28(4) or |
| |
(6) of the Data Protection Act 1998 (c. 29) (appeals against national |
| |
| |
(b) | any decision of the Upper Tribunal on an appeal under section 60(1) or |
| 35 |
(4) of the Freedom of Information Act 2000 (c. 36) (appeals against |
| |
national security certificate), |
| |
(c) | any decision of the Upper Tribunal on an application under section |
| |
11(4)(b) (application for permission or leave to appeal), |
| |
(d) | a decision of the Upper Tribunal under section 10— |
| 40 |
(i) | to review, or not to review, an earlier decision of the tribunal, |
| |
(ii) | to take no action, or not to take any particular action, in the light |
| |
of a review of an earlier decision of the tribunal, or |
| |
(iii) | to set aside an earlier decision of the tribunal, |
| |
|
| |
|
| |
|
(e) | a decision of the Upper Tribunal that is set aside under section 10 |
| |
(including a decision set aside after proceedings on an appeal under |
| |
this section have been begun), or |
| |
(f) | any decision of the Upper Tribunal that is of a description specified in |
| |
an order made by the Lord Chancellor. |
| 5 |
(9) | A description may be specified under subsection (8)(f) only if— |
| |
(a) | in the case of a decision of that description, there is a right to appeal to |
| |
a court from the decision and that right is, or includes, something other |
| |
than a right (however expressed) to appeal on any point of law arising |
| |
| 10 |
(b) | decisions of that description are made in carrying out a function |
| |
transferred under section 30 and prior to the transfer of the function |
| |
under section 30(1) there was no right to appeal from decisions of that |
| |
| |
| 15 |
(a) | an order under subsection (8)(f) specifies a description of decisions, and |
| |
(b) | decisions of that description are made in carrying out a function |
| |
transferred under section 30, |
| |
| the order must be framed so as to come into force no later than the time when |
| |
the transfer under section 30 of the function takes effect (but power to revoke |
| 20 |
the order continues to be exercisable after that time, and power to amend the |
| |
order continues to be exercisable after that time for the purpose of narrowing |
| |
the description for the time being specified). |
| |
(11) | Before the Upper Tribunal decides an application made to it under subsection |
| |
(4), the Upper Tribunal must specify the court that is to be the relevant |
| 25 |
appellate court as respects the proposed appeal. |
| |
(12) | The court to be specified under subsection (11) in relation to a proposed appeal |
| |
is whichever of the following courts appears to the Upper Tribunal to be the |
| |
| |
(a) | the Court of Appeal in England and Wales; |
| 30 |
(b) | the Court of Session; |
| |
(c) | the Court of Appeal in Northern Ireland. |
| |
(13) | In this section except subsection (11), “the relevant appellate court”, as respects |
| |
an appeal, means the court specified as respects that appeal by the Upper |
| |
Tribunal under subsection (11). |
| 35 |
(14) | The Lord Chancellor may by order make provision for a person to be treated |
| |
as being, or to be treated as not being, a party to a case for the purposes of |
| |
| |
(15) | Rules of court may make provision as to the time within which an application |
| |
under subsection (4) to the relevant appellate court must be made. |
| 40 |
14 | Proceedings on appeal to Court of Appeal etc. |
| |
(1) | Subsection (2) applies if the relevant appellate court, in deciding an appeal |
| |
under section 13, finds that the making of the decision concerned involved the |
| |
making of an error on a point of law. |
| |
(2) | The relevant appellate court— |
| 45 |
(a) | may (but need not) set aside the decision of the Upper Tribunal, and |
| |
|
| |
|