PART 9

Review and appeal

Review of determination on an application
93
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
An applicant who is aggrieved by a determination on an application may serve a written notice on the relevant authority requesting that it review its determination.
3
The notice under paragraph (2) must be served within two months of the determination it relates to and must state the matter by which, and the grounds on which, the applicant is aggrieved.
4
Where a notice under paragraph (2) is served on a relevant authority, that authority must—
a
consider the matter to which the notice relates,
b
within two months of receipt of the notice, redetermine the application or decide that no alteration of the determination is to be made,
c
notify the applicant in writing of its decision and that if the applicant remains aggrieved then an appeal may be made to the First-tier Tribunal within 42 days of the notification, with the address to which any notice of appeal may be sent.

Appeal against a determination on an application
94
1
An applicant may appeal to the First-tier Tribunal where the relevant authority—
a
has notified the applicant of its decision on a request for review under regulation 93(2) in accordance with paragraph (4)(c) of that regulation and the applicant wishes to dispute that decision, or
b
has not notified the applicant of a decision on a request for review under regulation 93(2) and more than two months have elapsed since the notice requesting review was served.
2
Notice of appeal to the First-tier Tribunal must be made in accordance with the First-tier Tribunal for Scotland Local Taxation Chamber (Rules of Procedure) Regulations 2022.
3
An appeal to the First-tier Tribunal prevents the relevant authority from notifying the applicant under regulation
93(4)(c)
of its decision on the request for review to which the appeal relates.
4
The relevant authority must implement the decision of the First-tier Tribunal in respect of an appeal under paragraph (1) as soon as is reasonably practicable, including any calculation of the amount of an applicant’s entitlement to a council tax reduction that is required.

Panel to conduct further reviews
95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of further reviews
96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 93 in force at 1.4.2022, see reg. 1
Words in reg. 93(4)(c) substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(4)(b)(ii) (with sch. 1)
Reg. 96 revoked (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(6) (with sch. 1)
Pt. 9 heading substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(3) (with sch. 1)
Reg. 94 substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(5) (with sch. 1)
Reg. 95 revoked (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(6) (with sch. 1)
Reg. 93(1) omitted (1.4.2023) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(4)(a) (with sch. 1)
Words in reg. 93(4)(c) substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(4)(b)(i) (with sch. 1)
Word in reg. 94(3) substituted (1.7.2023) by The First-tier Tribunal for Scotland Local Taxation Chamber and Upper Tribunal for Scotland (Composition and Procedure) (Miscellaneous Amendment) Regulations 2023 (S.S.I. 2023/200), regs. 1, 4(2)