Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
Review of decisions and appeals
C1C2C7C8C9C1012Proceedings on appeal to Upper Tribunal
1
Subsection (2) applies if the Upper Tribunal, in deciding an appeal under section 11, finds that the making of the decision concerned involved the making of an error on a point of law.
C3C5C4C62
The Upper Tribunal—
a
may (but need not) set aside the decision of the First-tier Tribunal, and
b
if it does, must either—
i
remit the case to the First-tier Tribunal with directions for its reconsideration, or
ii
re-make the decision.
C3C5C4C63
In acting under subsection (2)(b)(i), the Upper Tribunal may also—
a
direct that the members of the First-tier Tribunal who are chosen to reconsider the case are not to be the same as those who made the decision that has been set aside;
b
give procedural directions in connection with the reconsideration of the case by the First-tier Tribunal.
C3C5C4C64
In acting under subsection (2)(b)(ii), the Upper Tribunal—
a
may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-making the decision, and
b
may make such findings of fact as it considers appropriate.