Tribunals and Inquiries Act 1992

11 Appeals from certain tribunals. U.K.

(1) Subject to subsection (2), if any party to proceedings before any tribunal specified in paragraph 8, [F1 15(a) or (d)], 16, F2 . . ., 24, 26, 31, 33(b) F3 . . . [F4 , 40A] . . .F5 . . . or 45 of Schedule 1 is dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal from the tribunal to the High Court or require the tribunal to state and sign a case for the opinion of the High Court.

(2) [F6 This section] shall not apply in relation to—

[F7 (a)] proceedings before [F8 employment tribunals] which arise under or by virtue of any of the enactments mentioned in section [F9 21(1) of [F8 the Employment Tribunals Act 1996]][F10 ; or

(b) proceedings under section 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) (reallotment of real burden).]

(3) Rules of court made with respect to all or any of the tribunals referred to in subsection (1) may provide for authorising or requiring a tribunal, in the course of proceedings before it, to state, in the form of a special case for the decision of the High Court, any question of law arising in the proceedings; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the Court within the meaning of section 16 of the M1 [F11 Senior Courts Act 1981](jurisdiction of Court of Appeal to hear and determine appeals from judgments of the High Court).

(4) In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—

(a) the giving of any decision which might have been given by the tribunal;

(b) the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the tribunal;

(c) the giving of directions to the tribunal;

and different provisions may be made for different tribunals.

(5) An appeal to the Court of Appeal shall not be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The following provisions shall have effect for the application of this section to Scotland—

(a) in relation to any proceedings in Scotland of any of the tribunals referred to in the preceding provisions of this section, F13 . . . this section shall have effect with the following modifications—

(i) for references to the High Court or the Court of Appeal there shall be substituted references to the Court of Session,

(ii) in subsection (3) for “in the form of a special case for the decision of the High Court” there shall be substituted “ a case for the opinion of the Court of Session on ” and the words from “and a decision” to the end of the subsection shall be omitted, and

(iii) subsection (5) shall be omitted,

(b) this section shall apply, with the modifications specified in paragraph (a)—

(i) to proceedings before any such tribunal as is specified in paragraph 51, 56(b) F14 ... or 63 of Schedule 1, and

(ii) subject to paragraph (c) below, to proceedings before the Lands Tribunal for Scotland,

as it applies to proceedings before the tribunals referred to in subsection (1);

(c) subsection (1) shall not apply in relation to proceedings before the Lands Tribunal for Scotland which arise under

(i) [F15 section 1(3A) of the Lands Tribunal Act 1949 (jurisdiction of the tribunal in valuation matters);]

[F16 (ii) section 21 of the Long Leases (Scotland) Act 2012 (asp 9) (applications in relation to the conversion of certain conditions in leases into real burdens); or

(iii) section 69 of that Act (applications in relation to confirmation of rent);]

(d) an appeal shall lie, with the leave of the Court of Session or the [F17 Supreme Court], from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the [F17 Supreme Court] may determine.

(8) In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) F18 . . . this section shall have effect with the following modifications—

(a) in subsection (3), for the words from the beginning to “provide” there shall be substituted “ Rules may be made under section 55 of the M2 Judicature (Northern Ireland) Act 1978 providing ”, and for “section 16 of the [F11 Senior Courts Act 1981]” there shall be substituted “ section 35 of the Judicature (Northern Ireland) Act 1978 ”;

(b) in subsection (4), for “the power to make rules of court shall include power to make rules” there shall be substituted “ rules may be made under section 55 of the Judicature (Northern Ireland) Act 1978 ”;

(c) at the beginning of subsection (5), there shall be inserted “ Rules made under section 55 of the Judicature (Northern Ireland) Act 1978, relating to such proceedings as are mentioned in subsection (4), shall provide that the appeal shall be heard, or as the case may be, the decision of the High Court shall be given, by a single judge, but ”.

(9) Her Majesty may by Order in Council direct that all or any of the provisions of this section, so far as it relates to proceedings in the Isle of Man or any of the Channel Islands of the tribunal specified in paragraph 45 of Schedule 1, shall extend to the Isle of Man or to any of the Channel Islands subject to such modifications as may be specified in the Order.

(10) In this section “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly.

Textual Amendments

F1 Words in s. 11(1) substituted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 20(a) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F2 Word in s. 11(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 336

F3 Word in s. 11(1) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 97 (with Sch. 3)

F4 Words in s. 11(1) inserted (17.12.1992) by Sea Fish (Conservation) Act 1992 (c. 60), s. 9(2) (with s. 11(4)).

F5 Words ", 44" in s. 11(1) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 245 (with Sch. 5)

F6 Words in s. 11(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 57

F7 Words in s. 11(2) re-numbered as s. 11(2)(a) (S.) (1.11.2003) by virtue of 2000 asp 5, ss. 22(a), 77 (with ss. 58, 62, 75); S.S.I. 2003/455, art. 2

F8 Words in s. 11(2) substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(b)(c), 16(3)(c); S.I. 1998/1658, art. 2(1), Sch. 1

F9 Words in s. 11(2) substituted (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 9(2) (with s. 38)

F10 S. 11(2)(b) and preceding word inserted (S.) (1.11.2003) by 2000 asp 5, ss. 22(b), 77 (with ss. 58, 62, 75); S.S.I. 2003/455, art. 2

F11 Words in s. 11(3)(8) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F12 S. 11(6) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 70, 71, Sch. 4 (with Sch. 3 para. 27(2)); S.I. 2007/3300, art. 3(2), Sch. 2

F13 Words in s. 11(7)(a) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 70, 71, Sch. 4 (with Sch. 3 para. 27(2)); S.I. 2007/3300, art. 3(2), Sch. 2

F14 Word in s. 11(7)(b)(i) omitted (S.) (1.12.2016) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 3(2) (with sch. 1)

F15 S. 11(7)(c)(i) omitted (S.) (1.4.2023) by virtue of The Upper Tribunal for Scotland (Transfer of Valuation for Rating Appeal Functions of the Lands Tribunal for Scotland) Regulations 2023 (S.S.I. 2023/48), reg. 1, sch. 2 para. 5 (with sch. 1)

F16 S. 11(7)(c)(ii)(iii) inserted (S.) (21.2.2014) by Long Leases (Scotland) Act 2012 (asp 9), s. 83(2)(3), sch. para. 2(b); S.S.I. 2013/322, art. 3(i)

F17 Words in s. 11(7)(d) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 59; S.I. 2009/1604, art. 2(d)

F18 Words in s. 11(8) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 70, 71, Sch. 4 (with Sch. 3 para. 27(2)); S.I. 2007/3300, art. 3(2), Sch. 2

Modifications etc. (not altering text)

C1 S. 11 excluded (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 291(3), 302.

S. 11: power to modify conferred (1.9.1994) by 1994 c. 23, ss. 86(2), 101(1) (with Sch. 13 para. 9)

S. 11 excluded (E.W.S.) (3.1.1995) by 1973 c. 35, s. 3D(2) (as inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 para. 1(3); 1994/3188, art. 3(p))

S. 11 excluded (1.10.1994) by S.I. 1994/1978, art. 2

S. 11 extended (8.5.1998) by 1997 c. 66, ss. 45, 46; S.I. 1998/1028, art. 2

C2 S. 11(1)(3)-(5)(10) extended (with modifications) (I.O.M.) (1.1.1993) by S.I. 1992/3205, art. 2

C3 S. 11(1) excluded (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 175(8), 181(1); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2 para. 13)

C4 S. 11(1) excluded (4.7.2005 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 231(4), 270; S.I. 2005/1729, art. 2(a) (subject to art. 3); S.I. 2006/1535, art. 2(a) (with art. 3, Sch.)

C5 S. 11(1) excluded (6.4.2006) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 16(2), 21(1) (with reg. 21(2)-(5))

C6 S. 11(1) excluded (N.I.) (6.4.2006) by The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), regs. 16(2), 21(1) (with reg. 21(2)(3))

Marginal Citations

M1 1981 c. 54.

M2 1978 C. 23.