Section 43 Review of decisionsI1C1C2
Each of the First-tier Tribunal and the Upper Tribunal may review a decision made by it in any matter in a case before it.
A decision is reviewable—
at the Tribunal's own instance, or
at the request of a party in the case.
But—
there can be no review under this section of an excluded decision,
Tribunal Rules may make provision—
excluding other decisions from a review under this section,
otherwise restricting the availability of a review under this section (including by specifying grounds for a review).
The exercise of discretion whether a decision should be reviewed under this section cannot give rise to a review under this section or to an appeal under section 46 or 48.
A right of appeal under section 46 or 48 is not affected by the availability or otherwise of a review under this section.
Annotations
Modifications
- C1
S. 43 excluded (22.10.2018) by Social Security (Scotland) Act 2018 (asp 9), ss. 61(5)(a), 99(2); S.S.I. 2018/298, reg. 2(1)(j) (with reg. 3(2))
- C2
S. 43 excluded (24.12.2020) by The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/475), reg. 1, sch. 2 para. 13(5)(a)
Commencement
- I1
S. 43 in force at 1.4.2015 by S.S.I. 2015/116, art. 2