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The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 47 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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47.—(1) A person who referred a question to the Upper Tribunal under rule 26 (references under the Forfeiture Act 1982) must refer the Upper Tribunal's previous decision in relation to the question to the Upper Tribunal if they—
(a)consider that the decision should be [F2set aside and re-made under this rule] ; or
(b)have received a written application for the decision to be [F3set aside and re-made under this rule] from the person to whom the decision related.
(2) The Upper Tribunal may [F4set aside the decision, either in whole or in part, and re-make it] if—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
(c)there has been a relevant change in circumstances since the decision was made.
[F6(3) Rule 26(2) to (4), Parts 5 and 6 and this Part apply to a reference under this rule as they apply to a reference under rule 26(1).]
F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in rule 47 heading substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(a)
F2Words in rule 47(1)(a) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(b)
F3Words in rule 47(1)(b) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(c)
F4Words in rule 47(2) substituted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(d)
F5Rule 47(2)(a) omitted (17.10.2011) by virtue of The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(e)
F6Rule 47(3)-(5) substituted for rule 47(3) (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 13(f)
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