Section 28ZB Appeals involving issues that arise on appeal in other casesF1

an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to F3the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and

an appeal (“appeal B”) is pending against a decision given in a different case by F4the Upper Tribunal or a court.

not to determine appeal A but to refer it to F8the Secretary of State; or

to deal with the appeal in accordance with subsection (4).

in a case where appeal A has not been determined by the F10First-tier Tribunal, revise (under section 16) the decision which gave rise to that appeal; or

in a case where appeal A has been determined by the F11First-tier Tribunal, make a decision (under section 17) superseding the tribunal’s decision.

stay appeal A until appeal B is determined; or

if the F13First-tier Tribunal or Upper Tribunal considers it to be in the interests of the appellant to do so, determine appeal A as if—

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

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

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.

the reference in subsection (1)(a) to an appeal to F18the Upper Tribunal includes a reference to an application for leave to appeal to the Upper Tribunal; and

any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—