Delegation of functions to staff: reconsideration of decisions

28A

1

Before making Rules that provide for the exercise of functions of the First-tier Tribunal or Upper Tribunal by authorised persons by virtue of paragraph 3, the Committee must take the following steps in relation to each of the functions in question.

2

The Committee must consider whether the Rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.

3

If the Committee considers that the rules should include such a right, it must include provision to that effect when it makes the Rules.

4

If the Committee does not consider that the rules should include such a right, it must inform the Lord Chancellor of—

a

its decision, and

b

its reasons for reaching that decision.

5

In this paragraph “authorised person” and “judicial office holder” have the same meanings as in Chapter 2A of Part 1 of this Act (see section 29A).