- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In a review by the First-tier Tribunal or the Upper Tribunal under section 43, the Tribunal may—
(a)take no action,
(b)set the decision aside, or
(c)correct a minor or accidental error contained in the decision.
(2)Where a decision is set aside by the First-tier Tribunal in a review, it may—
(a)re-decide the matter concerned,
(b)refer that matter to the Upper Tribunal, or
(c)make such other order as the First-tier Tribunal considers appropriate.
(3)If a decision set aside by the First-tier Tribunal in a review is referred to the Upper Tribunal, the Upper Tribunal—
(a)may re-decide the matter concerned or make such other order as it considers appropriate,
(b)in re-deciding that matter, may do anything that the First-tier Tribunal could do if re-deciding it.
(4)Where a decision is set aside by the Upper Tribunal in a review, it may—
(a)re-decide the matter concerned, or
(b)make such other order as it considers appropriate.
(5)In re-deciding a matter under this section, the First-tier or Upper Tribunal may reach such findings in fact as it considers appropriate.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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