Tribunals, Courts and Enforcement Act 2007

14Proceedings on appeal to Court of Appeal etc.

(1)Subsection (2) applies if the relevant appellate court, in deciding an appeal under section 13, finds that the making of the decision concerned involved the making of an error on a point of law.

(2)The relevant appellate court—

(a)may (but need not) set aside the decision of the Upper Tribunal, and

(b)if it does, must either—

(i)remit the case to the Upper Tribunal or, where the decision of the Upper Tribunal was on an appeal or reference from another tribunal or some other person, to the Upper Tribunal or that other tribunal or person, with directions for its reconsideration, or

(ii)re-make the decision.

(3)In acting under subsection (2)(b)(i), the relevant appellate court may also—

(a)direct that the persons who are chosen to reconsider the case are not to be the same as those who—

(i)where the case is remitted to the Upper Tribunal, made the decision of the Upper Tribunal that has been set aside, or

(ii)where the case is remitted to another tribunal or person, made the decision in respect of which the appeal or reference to the Upper Tribunal was made;

(b)give procedural directions in connection with the reconsideration of the case by the Upper Tribunal or other tribunal or person.

(4)In acting under subsection (2)(b)(ii), the relevant appellate court—

(a)may make any decision which the Upper Tribunal could make if the Upper Tribunal were re-making the decision or (as the case may be) which the other tribunal or person could make if that other tribunal or person were re-making the decision, and

(b)may make such findings of fact as it considers appropriate.

(5)Where—

(a)under subsection (2)(b)(i) the relevant appellate court remits a case to the Upper Tribunal, and

(b)the decision set aside under subsection (2)(a) was made by the Upper Tribunal on an appeal or reference from another tribunal or some other person,

the Upper Tribunal may (instead of reconsidering the case itself) remit the case to that other tribunal or person, with the directions given by the relevant appellate court for its reconsideration.

(6)In acting under subsection (5), the Upper Tribunal may also—

(a)direct that the persons who are chosen to reconsider the case are not to be the same as those who made the decision in respect of which the appeal or reference to the Upper Tribunal was made;

(b)give procedural directions in connection with the reconsideration of the case by the other tribunal or person.

(7)In this section “the relevant appellate court”, as respects an appeal under section 13, means the court specified as respects that appeal by the Upper Tribunal under section 13(11).