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Part 11 E+WAdjudication

F1107 The adjudicatorE+W

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Textual Amendments

108 JurisdictionE+W

(1)The [F2First-tier Tribunal] has the following functions—

(a)determining matters referred to [F3it] under section 73(7), and

(b)determining appeals under paragraph 4 of Schedule 5.

(2)Also, the [F4First-tier Tribunal] may, on application, make any order which the High Court could make for the rectification or setting aside of a document which—

(a)effects a qualifying disposition of a registered estate or charge,

(b)is a contract to make such a disposition, or

(c)effects a transfer of an interest which is the subject of a notice in the register.

(3)For the purposes of subsection (2)(a), a qualifying disposition is—

(a)a registrable disposition, or

(b)a disposition which creates an interest which may be the subject of a notice in the register.

(4)The general law about the effect of an order of the High Court for the rectification or setting aside of a document shall apply to an order under this section.

[F5(5)The Lord Chancellor may require the registrar to make payments towards expenses of the Lord Chancellor in support of the functions conferred on the First-tier Tribunal by this section.]

Textual Amendments

F6109 ProcedureE+W

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Textual Amendments

110 Functions in relation to disputesE+W

(1)In proceedings on a reference under section 73(7), the [F7First-tier Tribunal] may, instead of deciding a matter F8..., direct a party to the proceedings to commence proceedings within a specified time in the court for the purpose of obtaining the court’s decision on the matter.

(2)[F9Tribunal Procedure Rules] may make provision about the reference under subsection (1) of matters to the court and may, in particular, make provision about—

(a)adjournment of the proceedings before the [F10First-tier Tribunal] pending the outcome of the proceedings before the court, and

(b)the powers of the [F11First-tier Tribunal] in the event of failure to comply with a direction under subsection (1).

(3)[F12Tribunal Procedure Rules] may make provision about the functions of the [F13First-tier Tribunal] in consequence of a decision on a reference under section 73(7) and may, in particular, make provision enabling the [F13First-tier Tribunal] to determine, or give directions about the determination of—

(a)the application to which the reference relates, or

(b)such other present or future application to the registrar as [F14Tribunal Procedure Rules] may provide.

(4)If, in the case of a reference under section 73(7) relating to an application under paragraph 1 of Schedule 6, the [F15First-tier Tribunal] determines that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but that the circumstances are not such that the applicant ought to be registered as proprietor, the [F15First-tier Tribunal]—

(a)must determine how the equity due to the applicant is to be satisfied, and

(b)may for that purpose make any order that the High Court could make in the exercise of its equitable jurisdiction.

Textual Amendments

111 AppealsE+W

[F16(1)Subject to this section, a person aggrieved by a decision of the First-tier Tribunal under this Act may appeal to the Upper Tribunal.

(2)An appeal may not be brought under subsection (1) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)).

(2A)An appeal may not be brought under subsection (1) in the case of a decision under paragraph 4 of Schedule 5 (but this does not prevent an appeal on a point of law under section 11 of the Tribunals, Courts and Enforcement Act 2007).

(2B)An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal).

(2C)An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.]

(3)If on an appeal under this section [F17or under section 11 of the Tribunals, Courts and Enforcement Act 2007] relating to an application under paragraph 1 of Schedule 6 the [F18Upper Tribunal] determines that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but that the circumstances are not such that the applicant ought to be registered as proprietor, the [F18Upper Tribunal] must determine how the equity due to the applicant is to be satisfied.

[F19(4)In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.]

Textual Amendments

F16 S. 111(1)-(2C) substituted for s. 111(1)(2) (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(a) (with Sch. 3 )

112 Enforcement of orders etcE+W

A requirement of the [F20First-tier Tribunal] shall be enforceable as an order of the court.

Textual Amendments

F21113 FeesE+W

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Textual Amendments

F22114 SupplementaryE+W

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Textual Amendments