PART 6Review or appeal of decisions

CHAPTER 1Tribunal decisions

Appeal from First-tier Tribunal

I147Disposal of an appeal

1

In an appeal under section 46, the Upper Tribunal may uphold or quash the decision on the point of law in question.

2

If the Upper Tribunal quashes the decision, it may—

a

re-make the decision,

b

remit the case to the First-tier Tribunal, or

c

make such other order as the Upper Tribunal considers appropriate.

3

In re-making the decision, the Upper Tribunal may—

a

do anything that the First-tier Tribunal could do if re-making the decision,

b

reach such findings in fact as the Upper Tribunal considers appropriate.

4

In remitting the case, the Upper Tribunal may give directions for the First-tier Tribunal's reconsideration of the case.

5

Such directions may relate to—

a

issues of law or fact (including the Upper Tribunal's opinion on any relevant point),

b

procedural issues (including as to the members to be chosen to reconsider the case).