PART 6Review or appeal of decisions
CHAPTER 1Tribunal decisions
Appeal from Upper Tribunal
I150Procedure on second appeal
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.