Paragraph 7

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

Sch. 7 para. 1(2)(c) added by Welfare Reform Act (Northern Ireland) 2007 Sch. 5 para. 6
Sch. 7 para. 6(4) words inserted by The Welfare Reform (Northern Ireland) Order 2015 Sch. 11 para. 10(2)
Sch. 7 para. 6(5A)-(5C) inserted by The Welfare Reform (Northern Ireland) Order 2015 Sch. 11 para. 10(3)
Sch. 7 para. 20(4) words substituted by The Welfare Reform (Northern Ireland) Order 2015 Sch. 11 para. 11
Sch. 7 repealed by The Welfare Reform (Northern Ireland) Order 2015 Sch. 12 Pt. 1

(1)

This paragraph applies where an application is made to a person for leave under paragraph 8(7)(a) or (c) to appeal from a decision of an appeal tribunal.

(2)

If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3)

If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.

(4)

In this paragraph and paragraph 8 principal parties means—

(a)

where it is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Department;

(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.

Notes on Schedule 7

Modifications

C1: Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), reg. 40
C2: Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), reg. 41