SCHEDULES

SCHEDULE 5Procedure in First-tier Tribunal and Upper Tribunal

Part 1Tribunal Procedure Rules

Correction of errors and setting-aside of decisions on procedural grounds

15

1

Rules may make provision for the correction of accidental errors in a decision or record of a decision.

2

Rules may make provision for the setting aside of a decision in proceedings before the First-tier Tribunal or Upper Tribunal—

a

where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative,

b

where a document relating to the proceedings was not sent to the First-tier Tribunal or Upper Tribunal at an appropriate time,

c

where a party to the proceedings, or a party's representative, was not present at a hearing related to the proceedings, or

d

where there has been any other procedural irregularity in the proceedings.

3

Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be prejudiced by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs.