Reviews and appeals

C116F1Revision of decisions

1

Any decision F2to which subsection (1A) applies may be revised by the F6Secretary of State—

a

either within the prescribed period or in prescribed cases or circumstances; and

b

either on an application made for the purpose or on F6the Secretary of State’s own initiative;

and regulations may prescribe the procedure by which a decision of the F6Secretary of State may be so revised.

F31A

This subsection applies to—

a

a decision of the F7Secretary of State under section 11, 12 or 17;

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a decision of F5the First-tier Tribunal on a referral under section 28D(1)(b).

1B

Where the F8Secretary of State revises a decision under section 12(1)—

a

F9the Secretary of State may (if appropriate) do so as if F10... revising a decision under section 11; and

b

if F11the Secretary of State does that, F11the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).

2

In making a decision under subsection (1), the F12Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause F13the Secretary of State to act on F14the Secretary of State’s own initiative.

3

Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

4

Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

5

Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

6

Except in prescribed circumstances, an appeal against a decision of the F15Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.