The First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017

Further procedure on appeal

49.—(1) If any appeal against a decision of the First-tier Tribunal is allowed by either the First-tier Tribunal or the Upper Tribunal, the entry relating to the decision in the Register shall be altered to reflect that and the parties shall be notified accordingly.

(2) If by order of the Upper Tribunal a reference is remitted back to the First-tier Tribunal, and subject to any directions or orders of the Upper Tribunal made under section 21(3) of the 2004 Act, the First-tier Tribunal shall notify the parties that, during such period as a legal member may specify each party may submit a supplementary statement of case and further written evidence.

(3) If an appeal against an order to dismiss a reference is allowed, the First-tier Tribunal shall notify the parties—

(a) in the case where the case statement period had not expired before the order to dismiss took effect—

(i) that a new case statement period shall be commenced in accordance with rule 17; and

(ii) that, within the new period, the parties may submit the documentation referred to in sub paragraph (b) in respect of a statement of case or evidence submitted before the dismissal took effect; or

(b) in any other case, that each party may within such period as the legal member may specify submit a supplementary statement of case along with any further written evidence.

(4) The First-tier Tribunal shall forthwith send a copy of all statements and written evidence received from a party in accordance with this rule to the other party.