PART 6Review or appeal of decisions

CHAPTER 1Tribunal decisions

Excluded decisions

51Excluded decisions

A decision falling within any of sections 52 to 54 is an excluded decision for the purposes of—

(a)a review under section 43,

(b)an appeal under section 46 or 48.

52Decisions on review

(1)Falling within this section is—

(a)a decision set aside in a review under section 43 (see section 44(1)(b)),

(b)a decision in such a review, except a decision of the kind mentioned in subsection (2).

(2)That is, a decision made by virtue of section 44(2)(a), (3)(a) or (4) (and accordingly a decision so made is not an excluded decision).

53Other appeal rights

(1)Falling within this section is a decision against which there is a right of appeal under an enactment apart from this Act.

(2)The Scottish Ministers may by regulations make provision—

(a)to which subsection (1) is subject (for example, by specifying an exception to what falls within this section),

(b)for a right of appeal under an enactment apart from this Act to cease to be exercisable in relation to a decision no longer falling within this section.

54Position on transfer-in

(1)Where any functions are transferred to the First-tier Tribunal or Upper Tribunal by virtue of regulations made under section 28(2), a decision made in the exercise of the functions falls within this section if it is specified in regulations made by the Scottish Ministers under this subsection.

(2)Regulations under subsection (1) may specify a decision only if, immediately before the transfer of the functions in the exercise of which it is made, there is no right of appeal against the decision.