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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
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 [F414(11) (prevention of disclosure or publication of documents and 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 [F5Upper] 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)
F3Words in rule 40(3) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(b)
F4Words in rule 40(3) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(a)
F5Word in rule 40(4) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(b)
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