Section 50 Procedure on second appealI1

(1)

Section 48(4) is subject to subsections (3) and (4) as regards a second appeal.

(2)

Section 49 is subject to subsections (5) and (6) as regards a second appeal.

(3)

For the purpose of subsection (1), the Upper Tribunal or (as the case may be) the Court of Session may not give its permission to the making of a second appeal unless also satisfied that subsection (4) applies.

(4)

This subsection applies where, in relation to the matter in question—

(a)

a second appeal would raise an important point of principle or practice, or

(b)

there is some other compelling reason for allowing a second appeal to proceed.

(5)

For the purpose of subsection (2), subsections (2)(b) and (3)(a) of section 49 have effect in relation to a second appeal as if the references in them to the Upper Tribunal include (as alternatives) references to the First-tier Tribunal.

(6)

Where, in exercising the choice arising by virtue of subsection (5) (and instead of re-making the decision in question), the Court of Session remits the case to the Upper Tribunal rather than the First-tier Tribunal—

(a)

the Upper Tribunal, instead of reconsidering the case itself, may remit the case to the First-tier Tribunal,

(b)

if the Upper Tribunal does so, it must send to the First-tier Tribunal any directions accompanying the Court's remittal of the case to the Upper Tribunal.

(7)

In this section, “second appeal” means appeal under section 48 against a decision in an appeal under section 46.

Annotations

Commencement

I1: S. 50 in force at 1.4.2015 by S.S.I. 2015/116, art. 2