PART 6Review or appeal of decisions

CHAPTER 1Tribunal decisions

Internal review

43Review of decisions

(1)

Each of the First-tier Tribunal and the Upper Tribunal may review a decision made by it in any matter in a case before it.

(2)

A decision is reviewable—

(a)

at the Tribunal's own instance, or

(b)

at the request of a party in the case.

(3)

But—

(a)

there can be no review under this section of an excluded decision,

(b)

Tribunal Rules may make provision—

(i)

excluding other decisions from a review under this section,

(ii)

otherwise restricting the availability of a review under this section (including by specifying grounds for a review).

(4)

The exercise of discretion whether a decision should be reviewed under this section cannot give rise to a review under this section or to an appeal under section 46 or 48.

(5)

A right of appeal under section 46 or 48 is not affected by the availability or otherwise of a review under this section.