PART 3F1Procedure for cases in the Upper Tribunal
Decision in relation to permission to appeal22
1
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.
F23
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;
F3iia
the General Regulatory Chamber of the First-tier Tribunal;
F6iib
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F7Subject to paragraph (4A), 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.
F84A
Where the Upper Tribunal considers the whole or part of an application to be totally without merit, it shall record that fact in its decision notice and, in those circumstances, the person seeking permission may not request the decision or part of the decision (as the case may be) to be reconsidered at a hearing.
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.
Words in Pt. 3 substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 13