The Upper Tribunal for Scotland (Rules of Procedure) Regulations 2016

PART 7 Appealing Decisions of the Upper Tribunal

Interpretation

31.  In this Part, “appeal” means the exercise of a right of appeal under section 48(1) of the 2014 Act.

Application for permission to appeal a decision of the Upper Tribunal

32.—(1) A party seeking permission to appeal must make a written application to the Upper Tribunal.

(2) An application under paragraph (1) must—

(a) identify the decision of the Upper Tribunal to which it relates;

(b) identify the alleged error or errors of law in the decision; and

(c) state in terms of section 50(4) of the 2014 Act what important point of principle or practice would be raised by a second appeal or what other compelling reason there is that shows the appeal should be allowed to proceed.

Upper Tribunal’s consideration of application for permission to appeal

33.—(1) The Upper Tribunal must consider whether to give permission to appeal in relation to the decision or part of it.

(2) The Upper Tribunal must provide a record of its decision to the parties and any interested party as soon as practicable.

(3) If the Upper Tribunal refuses permission to appeal it must provide with the record of its decision—

(a) a statement of its reasons for such a refusal; and

(b) notification of the right to make an application to the Court of Session for permission to appeal and the time within which, and the method by which, such application must be made

(4) The Upper Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (3) in relation to any grounds on which it has refused permission.