Section 28ZC Restrictions on liability in certain cases of errorF1

the effect of the determination, whenever made, of an appeal to F2the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

after the date of the relevant determination a decision falls to be made by the F3Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—

is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or

is one made in pursuance of section 28ZB(3) or (5).

the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

where such a decision as is mentioned in paragraph (b)(i) falls to be made; or

where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,

for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or F15the Upper Tribunal; or

for a determination of a lower court or F16the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.