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The Tribunal Procedure (Upper Tribunal) Rules 2008
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Changes over time for: Section 40
Version Superseded: 01/11/2013
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The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 40 is up to date with all changes known to be in force on or before 01 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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40.—(1) The Upper Tribunal may give a decision orally at a hearing.
(2) [F1Except where rule 40A (special procedure for providing notice of a decision relating to an asylum case) applies,] F2... the Upper Tribunal must provide to each party as soon as reasonably practicable after making [F3a decision (other than a decision under Part 7) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)]—
(a)a decision notice stating the [F4Upper] Tribunal's decision; and
(b)notification of any rights of review or appeal against the decision and the time and manner in which such rights of review or appeal may be exercised.
(3) [F5Subject to rule [F614(11) (prevention of disclosure or publication of documents and information)],] the Upper Tribunal must provide written reasons for its decision with a decision notice provided under paragraph (2)(a) unless—
(a)the decision was made with the consent of the parties; or
(b)the parties have consented to the Upper Tribunal not giving written reasons.
(4) The [F7Upper] Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.
[F8(5) In a national security certificate appeal, when the Upper Tribunal provides a notice or reasons to the parties under this rule, it must also provide the notice or reasons to the relevant Minister and the Information Commissioner, if they are not parties.]
Textual Amendments
F1Words in rule 40(2) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 19
F2Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)
F3Words in rule 40(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(a)
F4Word in rule 40(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(b)
F5Words in rule 40(3) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(b)
F6Words in rule 40(3) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(a)
F7Word in rule 40(4) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(b)
F8Rule 40(5) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 13
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