[F16BRedetermination etc of appeals by [F2appropriate tribunal]U.K.
[F3(1)Subsections (2) and (3) apply where an application is made to—
(a)a Pensions Appeal Tribunal for Scotland or Northern Ireland under section 6A(5A) of this Act, or
(b)a person under section 6A(6)(a) of this Act,
for leave to appeal from a decision of the tribunal concerned.]
(2)If [F4the tribunal or person to whom the application is made] considers that the decision was erroneous in point of law, [F5that tribunal or person] may set aside the decision and refer the case either for redetermination by [F6the tribunal concerned] or for determination by a differently [F7constituted Pensions Appeal Tribunal for Scotland or Northern Ireland].
(3)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, [F8the tribunal or person to whom the application is made] shall set aside the decision and refer the case for determination by a differently [F9constituted Pensions Appeal Tribunal for Scotland or Northern Ireland].
[F10(4)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.
(5)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.]]
Textual Amendments
F1Ss. 6A-6D inserted (22.2.2005 for certain purposes and otherwise 6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4 (with transitional provisions in S.I. 2005/660, art. 2); S.I. 2005/356, art. 2, Schs. 1, 2
F2Words in s. 6B title substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(a)
F3S. 6B(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(b)
F4Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(i)
F5Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(ii)
F6Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(iii)
F7Words in s. 6B(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(c)(iv)
F8Words in s. 6B(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(d)(i)
F9Words in s. 6B(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(d)(ii)
F10S. 6B(4)(5) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 14(e)