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The Appeals (Excluded Decisions) Order 2008

S.I. 2008/2707 · Made 13 October 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Tribunals And Inquiries

Made 13th October 2008

Laid before Parliament 15th October 2008

Coming into force 3rd November 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 11(5)(f) of the Tribunals, Courts and Enforcement Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 c. 15.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Appeals (Excluded Decisions) Order 2008 and shall come into force on 3rd November 2008.

2

For the purposes of section 11(1) of the Tribunals, Courts and Enforcement Act 2007, the following decisions of the First-tier Tribunal are excluded decisions—

(a)

any decision on an appeal under section 102 of the Immigration and Asylum Act 1999f1;

(b)

any decision on an appeal under section 63(6) of the Tax Credits Act 2002f2;

(c)

any decision on an appeal under section 24(2) of the Child Trust Funds Act 2004f3.

Signature

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

13th October 2008

Explanatory note

(This note is not part of the Order)

Section 11 of the Tribunals, Courts and Enforcement Act 2007 provides that a party to a case has a right of appeal on a point of law from the First-tier Tribunal to the Upper Tribunal. But there is no right of appeal against a decision which is “excluded”. Excluded decisions are listed in subsection (5) and this Order lists additional excluded decisions which are also prohibited from a right of appeal to the Upper Tribunal under section 11 of the 2007 Act.