[F1(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 [F2or under section 11 of the Tribunals, Courts and Enforcement Act 2007] relating to an application under paragraph 1 of Schedule 6 the [F3Upper 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 [F3Upper Tribunal] must determine how the equity due to the applicant is to be satisfied.
[F4(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
F1 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 )
F2 Words in s. 111(3) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(b)(i) (with Sch. 3 )
F3 Words in s. 111(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(b)(ii) (with Sch. 3 )
F4 S. 111(4) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(c) (with Sch. 3 )