After section 23 of the 1991 Act there shall be inserted—
(1)This section applies where an application is made to a person under section 24(6)(a) for leave to appeal from a decision of an appeal tribunal.
(2)If the person who constituted, or was the chairman of, the appeal tribunal considers that the decision was erroneous in law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
(3)If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.
(4)The “principal parties” are—
(a)the Secretary of State; and
(b)those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.”