OpenLegislation

Paragraph 7 F1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where an application is made F2to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6.

(2)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, F4the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted F5First-tier Tribunal.

(4)

In this paragraph and paragraph 8 “principal parties” means—

(a)

where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;

(b)

the relevant authority against whose decision the appeal to the appeal tribunal was brought; and

(c)

the person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal’s decision on that appeal.

Annotations

Textual amendments

F1

Sch. 7 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F2

Words in Sch. 7 para. 7(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(a)

F3

Sch. 7 para. 7(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(b)

F4

Words in Sch. 7 para. 7(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(c)(i)

F5

Words in Sch. 7 para. 7(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(c)(ii)