Tribunals (Scotland) Act 2014

43 Review of decisions S

(1) Each of the First-tier Tribunal and the Upper Tribunal may review a decision made by it in any matter in a case before it.

(2) A decision is reviewable—

(a) at the Tribunal's own instance, or

(b) at the request of a party in the case.

(3) But—

(a) there can be no review under this section of an excluded decision,

(b) Tribunal Rules may make provision—

(i) excluding other decisions from a review under this section,

(ii) otherwise restricting the availability of a review under this section (including by specifying grounds for a review).

(4) The exercise of discretion whether a decision should be reviewed under this section cannot give rise to a review under this section or to an appeal under section 46 or 48.

(5) A right of appeal under section 46 or 48 is not affected by the availability or otherwise of a review under this section.

Modifications etc. (not altering text)

C1 S. 43 excluded (22.10.2018) by Social Security (Scotland) Act 2018 (asp 9), ss. 61(5)(a), 99(2); S.S.I. 2018/298, reg. 2(1)(j) (with reg. 3(2))

C2 S. 43 excluded (24.12.2020) by The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/475), reg. 1, sch. 2 para. 13(5)(a)

Commencement Information

I1 S. 43 in force at 1.4.2015 by S.S.I. 2015/116, art. 2