Textual Amendments
F1Sch. 7 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
7(1)This paragraph applies where an application is made [F2to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6].E+W+S
(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, [F4the First-tier Tribunal] shall set aside the decision and refer the case for determination by a differently constituted [F5First-tier Tribunal].
(4)In this paragraph and paragraph 8 “principal parties” means—
(a)where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;
(b)the relevant authority against whose decision the appeal to the appeal tribunal was brought; and
(c)the person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal’s decision on that appeal.]
Textual Amendments
F2Words in Sch. 7 para. 7(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(a)
F3Sch. 7 para. 7(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(b)
F4Words in Sch. 7 para. 7(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(c)(i)
F5Words in Sch. 7 para. 7(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(c)(ii)