The Tribunal Procedure (Upper Tribunal) Rules 2008

PART 6Decisions

Consent orders

39.—(1) The Upper Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1)F1....

Textual Amendments

F1Words in rule 39(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 20

Decisions

40.—(1) The Upper Tribunal may give a decision orally at a hearing.

(2) F2... The Upper Tribunal must provide to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings (except a decision under Part 7)—

(a)a decision notice stating the Tribunal's decision; and

(b)notification of any rights of review or appeal against the decision and the time and manner in which such rights of review or appeal may be exercised.

(3) [F3Subject to rule 14(2) (withholding harmful information),] the Upper Tribunal must provide written reasons for its decision with a decision notice provided under paragraph (2)(a) unless—

(a)the decision was made with the consent of the parties; or

(b)the parties have consented to the Upper Tribunal not giving written reasons.

(4) The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

Textual Amendments

F2Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)