Regulation 7 Appeals: Tribunal’s powersI1
England and Wales
This regulation applies where—
an appeal has been made to the Tribunal under section 129(1) of the 2008 Act in respect of a decision to give a section 128 direction, or a decision not to vary or revoke a section 128 direction; and
the Tribunal considers that the decision is not appropriate.
The Tribunal may order the appropriate authority to vary or revoke the direction.
Unless the parties to an appeal agree otherwise, the Tribunal, in exercising its powers under this regulation, must not consider—
any information relevant to the decision to give a direction, or not to vary or revoke a direction, which the appropriate authority did not have at the time the decision was made;
any evidence of a material change of circumstances of the person concerned occurring since the decision to give a direction or not to vary or revoke a direction was made.