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The Tribunal Procedure (Upper Tribunal) Rules 2008
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Version Superseded: 30/06/2014
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Decision in relation to permission to appeal
This section has no associated Explanatory Memorandum
22.—(1) If the Upper Tribunal refuses permission to appeal [F1or refuses to admit a late application for permission], it must send written notice of the refusal and of the reasons for the refusal to the appellant.
(2) If the Upper Tribunal gives permission to appeal—
(a)the Upper Tribunal must send written notice of the permission, and of the reasons for any limitations or conditions on such permission, to each party;
(b)subject to any direction by the Upper Tribunal, the application for permission to appeal stands as the notice of appeal and the Upper Tribunal must send to each respondent a copy of the application for permission to appeal and any documents provided with it by the appellant; and
(c)the Upper Tribunal may, with the consent of the appellant and each respondent, determine the appeal without obtaining any further response.
[F2(3) Paragraph (4) applies where the Upper Tribunal, without a hearing, determines an application for permission to appeal—
(a)against a decision of—
(i)the Tax Chamber of the First-tier Tribunal;
(ii) the Health, Education and Social Care Chamber of the First-tier Tribunal M1 ;
[F3(iia)the General Regulatory Chamber of the First-tier Tribunal;]
[F4(iib)the Property Chamber of the First-tier Tribunal;]
(iii)the Mental Health Review Tribunal for Wales; or
(iv)the Special Educational Needs Tribunal for Wales; or
(b)under section 4 of the Safeguarding Vulnerable Groups Act 2006.]
(4) In the circumstances set out at paragraph (3) the appellant may apply for the decision to be reconsidered at a hearing if the Upper Tribunal—
(a)refuses permission to appeal [F5or refuses to admit a late application for permission]; or
(b)gives permission to appeal on limited grounds or subject to conditions.
(5) An application under paragraph (4) must be made in writing and received by the Upper Tribunal within 14 days after the date on which the Upper Tribunal sent written notice of its decision regarding the application to the appellant.
Textual Amendments
F1Words in rule 22(1) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 8(a)
F2Rule 22(3) substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 14
F3Rule 22(3)(a)(iia) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 16
F4Rule 22(3)(a)(iib) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 8(b)
F5Words in rule 22(4)(a) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 8(c)
Marginal Citations
M1The Health, Education and Social Care Chamber of the First-tier Tribunal is established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684).
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