F1Part 1Charities

Annotations:
Amendments (Textual)
F1

Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

C1Chapter 10Decisions: notices, reviews and appeals

Annotations:

Appeals

I176F2Appeals to the First-tier Tribunal

1

Where OSCR

a

confirms a decision under section 74(1), or

b

reconfirms a decision under section 77(1),

the decision (or, where OSCR varies the decision on confirming or reconfirming it, the decision as varied) may be appealed to the F3First-tier Tribunal .

2

A decision referred to in paragraph (g) or (h) of section 71 (whether or not confirmed with variations) may not, despite subsection (1)(a), be appealed to the F4First-tier Tribunal .

3

It is for the person whose request or, as the case may be, earlier appeal under this section caused OSCR to confirm or reconfirm the decision to make an appeal under subsection (1).

4

Such an appeal must be made within 28 days of the person entitled to appeal it being given notice of the confirmation or reconfirmation.

5

The F5First-tier Tribunal may—

a

confirm a decision appealed to it,

b

quash such a decision and direct OSCR to take such other action, if any, as the F6First-tier Tribunal thinks fit by such time as may be specified in the direction, or

c

remit such a decision back to OSCR, together with the F7First-tier Tribunal’s reasons for doing so, for reconsideration.