Part 1Tribunals and Inquiries

Chapter 2First-tier Tribunal and Upper Tribunal

Review of decisions and appeals

12Proceedings 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.

(2)

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.

(3)

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.

(4)

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.