Part 9

Reviews and appeals

Internal reviews
83
1
Where the IFR decides to carry out a review of a reviewable decision—
a
the applicable reviewer may determine the nature and extent of the review, and
b
the applicable reviewer must have regard to any representations made by the concerned person in accordance with that determination.
2
The applicable reviewer may, after carrying out a review, decide to—
a
uphold the decision,
b
vary the decision, or
c
cancel the decision.
3
The IFR must—
a
notify each concerned person in relation to the reviewable decision of the applicable reviewer’s decision on a review and the reasons for that decision, and
b
as soon as reasonably practicable after giving the notice required under paragraph (a), publish the decision.
4
The IFR must give the notice required under subsection (3)(a)—
a
where the reviewer is the Board, before the end of the period of 28 days beginning with the day on which the IFR gave notice under section 82(6);
b
where the reviewer is a committee of the Expert Panel, before the end of the period of 28 days beginning with the day on which the committee is established.
5
The IFR may, if it considers that there are special reasons for doing so, extend by up to a further 14 days the period before the end of which it is to give notice of the decision of the applicable reviewer.
6
If the IFR does not give the notice required under subsection (3)(a) to each concerned person before the end of the period given by subsection (4) or (5)—
a
the applicable reviewer is treated as having decided to uphold the reviewable decision, and
b
the IFR must—
i
as soon as reasonably practicable after the end of the period given by subsection (4) or (5), notify each concerned person of the fact that the applicable reviewer is treated as having decided to uphold the reviewable decision, and
ii
as soon as reasonably practicable after giving the notice required by sub-paragraph (i), publish notice of that fact.
7
The IFR may make rules providing for costs incurred by the IFR in exercising functions under this section to be payable by a concerned person who requested a review of a reviewable decision where—
a
the applicable reviewer has decided to uphold the reviewable decision (but excluding where the applicable reviewer is treated as having upheld the reviewable decision under subsection (6)(a)), and
b
both the reviewable decision and the applicable reviewer’s decision to uphold it have become final.
8
A decision becomes final—
a
when the time specified in Part 5B of the Tribunal Procedure Rules for appealing against it expires without an appeal having been brought, or
b
where an appeal has been brought against the decision, when—
i
the appeal and any further appeal are dismissed, withdrawn or abandoned, and
ii
the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.
9
Rules made under subsection (7) must require the IFR, in deciding whether to require payment of costs or determining the amount of those costs, to have regard to the financial resources of the concerned person who requested the review.
S. 83 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 83 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(d)