Section 28ZA Decisions involving issues that arise on appeal in other casesF1

United Kingdom

(1)

This section applies where—

(a)

a decision by the F2Secretary of State falls to be made under section 11, 12, 16 or 17 F3... ; and

(F4b)

an appeal is pending against a decision given in relation to a different matter by F5the Upper Tribunal or a court.

(2)

If the F6Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a)

F7the Secretary of State need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b)

F8the Secretary of State may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3)

Where the F9Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal the Secretary of State shall if appropriate revise the decision (under section 16) in accordance with that determination.

(4)

For the purposes of this section, an appeal against a decision is pending if—

(a)

an appeal against the decision has been brought but not determined;

(b)

an application for leave to appeal against the decision has been made but not determined; or

(c)

in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5)

In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a)

an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b)

an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

Annotations

Textual amendments

F1: Ss. 28ZA, 28ZB and cross-heading inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 43, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)
F2: Words in s. 28ZA(1)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 20(a)
F3: Words in s. 28ZA(1)(a) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F4: S. 28ZA(1)(b) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(11)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F5: Words in s. 28ZA(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 87
F6: Words in s. 28ZA(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 20(b)
F7: Words in s. 28ZA(2)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 20(b)
F8: Words in s. 28ZA(2)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 20(b)
F9: Words in s. 28ZA(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 20(c)

Notes on the whole Act

Textual amendments

F1: Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.