(1)The Secretary of State or the Scottish Ministers must refer to [F1the First-tier Tribunal] an appeal against—
(a)a certificate, or
(b)a waiver decision.
(2)In determining an appeal against a certificate, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury in question.
(3)On an appeal against a certificate, the tribunal may—
(a)confirm the amount or amounts specified in the certificate,
(b)specify any variations which are to be made on the issue of a fresh certificate under subsection (4), or
(c)declare that the certificate is to be revoked.
(4)When the Secretary of State or the Scottish Ministers (as the case may be) has or have received the decision of [F2a tribunal] on an appeal against a certificate, he or they must in accordance with that decision—
(a)confirm the certificate,
(b)issue a fresh certificate, or
(c)revoke the certificate.
(5)Subsections (5) and (6) of section 152 apply to certificates issued under subsection (4)(b) above as they apply to certificates issued under section 151.
(6)On an appeal against a waiver decision, the tribunal may—
(a)confirm the decision, or
(b)waive the requirement in question.
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 158(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(a)
F2Words in s. 158(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(b)
F3S. 158(7) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(c)
Commencement Information
I1S. 158 partly in force; s. 158 in force at Royal Assent for certain purposes, see s. 199(1)(4)
I2S. 158 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)
I3S. 158 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)