- Latest available (Revised)
- Point in Time (17/10/2011)
- Original (As made)
Point in time view as at 17/10/2011.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 47 is up to date with all changes known to be in force on or before 29 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
47.—(1) A person who referred a question to the Upper Tribunal under rule 26 (references under the Forfeiture Act 1982) must refer the Upper Tribunal's previous decision in relation to the question to the Upper Tribunal if they—
(a)consider that the decision should be [F2set aside and re-made under this rule] ; or
(b)have received a written application for the decision to be [F3set aside and re-made under this rule] from the person to whom the decision related.
(2) The Upper Tribunal may [F4set aside the decision, either in whole or in part, and re-make it] if—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
(c)there has been a relevant change in circumstances since the decision was made.
[F6(3) Rule 26(2) to (4), Parts 5 and 6 and this Part apply to a reference under this rule as they apply to a reference under rule 26(1).]
F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in rule 47 heading substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(a)
F2Words in rule 47(1)(a) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(b)
F3Words in rule 47(1)(b) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(c)
F4Words in rule 47(2) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(d)
F5Rule 47(2)(a) omitted (17.10.2011) by virtue of The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(e)
F6Rule 47(3)-(5) substituted for rule 47(3) (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(f)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: