PART 6Review or appeal of decisions

CHAPTER 1Tribunal decisions

Appeal from Upper Tribunal

49Disposal of an appeal

1

In an appeal under section 48, the Court of Session may uphold or quash the decision on the point of law in question.

2

If the Court quashes the decision, it may—

a

re-make the decision,

b

remit the case to the Upper Tribunal, or

c

make such other order as the Court considers appropriate.

3

In re-making the decision, the Court may—

a

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

b

reach such findings in fact as the Court considers appropriate.

4

In remitting the case, the Court may give directions for the Upper Tribunal’s reconsideration of the case.

5

Such directions may relate to—

a

issues of law or fact (including the Court’s opinion on any relevant point),

b

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