Tribunals (Scotland) Act 2014

Internal review S

43 Review of decisions S

(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.

Modifications etc. (not altering text)

C1 S. 43 excluded (22.10.2018) by Social Security (Scotland) Act 2018 (asp 9), ss. 61(5)(a), 99(2); S.S.I. 2018/298, reg. 2(1)(j) (with reg. 3(2))

C2 S. 43 excluded (24.12.2020) by The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/475), reg. 1, sch. 2 para. 13(5)(a)

Commencement Information

I1 S. 43 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

44 Actions on review S

(1) In a review by the First-tier Tribunal or the Upper Tribunal under section 43, the Tribunal may—

(a) take no action,

(b) set the decision aside, or

(c) correct a minor or accidental error contained in the decision.

(2) Where a decision is set aside by the First-tier Tribunal in a review, it may—

(a) re-decide the matter concerned,

(b) refer that matter to the Upper Tribunal, or

(c) make such other order as the First-tier Tribunal considers appropriate.

(3) If a decision set aside by the First-tier Tribunal in a review is referred to the Upper Tribunal, the Upper Tribunal—

(a) may re-decide the matter concerned or make such other order as it considers appropriate,

(b) in re-deciding that matter, may do anything that the First-tier Tribunal could do if re-deciding it.

(4) Where a decision is set aside by the Upper Tribunal in a review, it may—

(a) re-decide the matter concerned, or

(b) make such other order as it considers appropriate.

(5) In re-deciding a matter under this section, the First-tier or Upper Tribunal may reach such findings in fact as it considers appropriate.

Commencement Information

I2 S. 44 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

45 Review once only S

(1) A particular decision of the First-tier Tribunal or the Upper Tribunal may not be reviewed under section 43 more than once.

(2) These are to be regarded as different decisions for the purpose of subsection (1)—

(a) a decision set aside under section 44(1)(b),

(b) a decision made by virtue of section 44(2)(a), (3)(a) or (4).

(3) Nothing in this section prevents the taking, after a review in which the decision concerned is not set aside, of administrative steps by the First-tier or Upper Tribunal to correct a minor or accidental error made in disposing of the review.

Commencement Information

I3 S. 45 in force at 1.4.2015 by S.S.I. 2015/116, art. 2