- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
A decision falling within any of sections 52 to 54 is an excluded decision for the purposes of—
(a)a review under section 43,
(b)an appeal under section 46 or 48.
(1)Falling within this section is—
(a)a decision set aside in a review under section 43 (see section 44(1)(b)),
(b)a decision in such a review, except a decision of the kind mentioned in subsection (2).
(2)That is, a decision made by virtue of section 44(2)(a), (3)(a) or (4) (and accordingly a decision so made is not an excluded decision).
(1)Falling within this section is a decision against which there is a right of appeal under an enactment apart from this Act.
(2)The Scottish Ministers may by regulations make provision—
(a)to which subsection (1) is subject (for example, by specifying an exception to what falls within this section),
(b)for a right of appeal under an enactment apart from this Act to cease to be exercisable in relation to a decision no longer falling within this section.
(1)Where any functions are transferred to the First-tier Tribunal or Upper Tribunal by virtue of regulations made under section 28(2), a decision made in the exercise of the functions falls within this section if it is specified in regulations made by the Scottish Ministers under this subsection.
(2)Regulations under subsection (1) may specify a decision only if, immediately before the transfer of the functions in the exercise of which it is made, there is no right of appeal against the decision.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: