Paragraph 30 The decision

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

Sch. para. 6(9) words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(a)
Sch. para. 35(5) words substituted by Postal Services Act 2000 (Consequential Modifications No. 1) 2001 Sch. 1 para. 110
Sch. Ch.1 applied by Chemical Weapons (Licence Appeal Provisions) 1996 art.2, Sch.
Sch. para. 35(5) words substituted by Postal Services Act 2011 (Consequential Modifications and Amendments) 2011 Sch. 1 para. 34
Sch. para. 6(3A) inserted by Constitutional Reform Act 2005 Sch. 4 Pt. 1 para. 260
Sch. para. 25(2) omitted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(b)
Sch. para. 37 heading words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(c)
Sch. para. 37 words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(d)

(1)

The tribunal must decide, taking into account in particular the appellant’s grounds of appeal—

(a)

whether the disputed action is justified on its merits,

(b)

what (if any) enforcement action should be taken in relation to the matter, and

(c)

what (if any) other action should be taken by either party in relation to the matter;

and it is the duty of the parties to give effect to its decision.

(2)

A decision of the tribunal may be taken by a majority, and the decision must record whether it was unanimous or taken by a majority; provided that where the tribunal is constituted by two members the Chairman shall have a second or casting vote.

(3)

The decision of the tribunal may be made and announced at the end of the hearing, but in any event, whether there has been a hearing or not, must be recorded immediately it is made in a document which must also contain a statement of the reasons for the decision and must be signed and dated by the Chairman.

(4)

Where the decision is not announced at the end of the hearing, the tribunal must—

(a)

within two days of the end of the hearing, inform each party of its decision under paragraph (1)(a), and

(b)

as soon as reasonably possible, send to each party a copy of the document mentioned in paragraph (3).

(5)

Except where the decision is announced at the end of a hearing, it shall be treated as having been made on the day on which a copy of the document mentioned in paragraph (3) is sent to the appellant.

(6)

Where either party is required to pay any sum in consequence of the decision—

(a)

in the case of proceedings of a tribunal in England and Wales, either party or the tribunal may, after the end of the period during which an appeal may be brought under rule 33, apply to a county court for an order requiring the party to pay the sum;

(b)

in the case of Scottish proceedings, the party entitled to payment may, as soon as practicable after the expiry of the period during which an appeal may be brought under rule 33, register an extract of the decision containing a requirement to pay the sum for preservation and execution in the Books of Council and Session, and an extract of a document so registered shall be enforceable accordingly.