Article 47 Setting aside a decision in proceedings under the Forfeiture Act 1982F6

(1)

A person who referred a question to the Upper Tribunal under rule 26 (references under the Forfeiture Act 1982) must refer the Upper Tribunal's previous decision in relation to the question to the Upper Tribunal if they—

(a)

consider that the decision should be F1set aside and re-made under this rule ; or

(b)

have received a written application for the decision to be F2set aside and re-made under this rule from the person to whom the decision related.

(2)

The Upper Tribunal may F3set aside the decision, either in whole or in part, and re-make it if—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c)

there has been a relevant change in circumstances since the decision was made.

F5(3)

Rule 26(2) to (4), Parts 5 and 6 and this Part apply to a reference under this rule as they apply to a reference under rule 26(1).

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in rule 47(1)(a) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(b)
F2: Words in rule 47(1)(b) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(c)
F3: Words in rule 47(2) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(d)
F4: Rule 47(2)(a) omitted (17.10.2011) by virtue of The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(e)
F5: Rule 47(3)-(5) substituted for rule 47(3) (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(f)
F6: Words in rule 47 heading substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(a)