If F3the tribunal or person to whom the application is made considers that the decision was erroneous in point of law, F4that tribunal or person may set aside the decision and refer the case either for redetermination by F5the tribunal concerned or for determination by a differently F6constituted Pensions Appeal Tribunal for Scotland or Northern Ireland.

If each of those who would be parties to the appeal if leave were granted expresses the view that the decision was erroneous in point of law, F7the tribunal or person to whom the application is made shall set aside the decision and refer the case for determination by a differently F8constituted Pensions Appeal Tribunal for Scotland or Northern Ireland.

Subsection (5) applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under this Act.

If each of those who would be parties to the appeal if permission were granted expresses the view that the decision was erroneous in point of the law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.