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Tribunals, Courts and Enforcement Act 2007 (c. 15)

(The document as of February, 2008)

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Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

CONTENTS

Content
  1. Part 1

    Tribunals and Inquiries

    1. Chapter 1

      Tribunal judiciary: independence and Senior President

      1. 1. Independence of tribunal judiciary

      2. 2. Senior President of Tribunals

    2. Chapter 2

      First-tier Tribunal and Upper Tribunal

      1. Establishment

        1. 3. The First-tier Tribunal and the Upper Tribunal

      2. Members and composition of tribunals

        1. 4. Judges and other members of the First-tier Tribunal

        2. 5. Judges and other members of the Upper Tribunal

        3. 6. Certain judges who are also judges of First-tier Tribunal and Upper Tribunal

        4. 7. Chambers: jurisdiction and Presidents

        5. 8. Senior President of Tribunals: power to delegate

      3. Review of decisions and appeals

        1. 9. Review of decision of First-tier Tribunal

        2. 10. Review of decision of Upper Tribunal

        3. 11. Right to appeal to Upper Tribunal

        4. 12. Proceedings on appeal to Upper Tribunal

        5. 13. Right to appeal to Court of Appeal etc.

        6. 14. Proceedings on appeal to Court of Appeal etc.

      4. "Judicial review"

        1. 15. Upper Tribunal's "judicial review" jurisdiction

        2. 16. Application for relief under section 15(1)

        3. 17. Quashing orders under section 15(1): supplementary provision

        4. 18. Limits of jurisdiction under section 15(1)

        5. 19. Transfer of judicial review applications from High Court

        6. 20. Transfer of judicial review applications from the Court of Session

        7. 21. Upper Tribunal's "judicial review" jurisdiction: Scotland

      5. Miscellaneous

        1. 22. Tribunal Procedure Rules

        2. 23. Practice directions

        3. 24. Mediation

        4. 25. Supplementary powers of Upper Tribunal

        5. 26. First-tier Tribunal and Upper Tribunal: sitting places

        6. 27. Enforcement

        7. 28. Assessors

        8. 29. Costs or expenses

    3. Chapter 3

      Transfer of tribunal functions

      1. 30. Transfer of functions of certain tribunals

      2. 31. Transfers under section 30: supplementary powers

      3. 32. Power to provide for appeal to Upper Tribunal from tribunals in Wales

      4. 33. Power to provide for appeal to Upper Tribunal from tribunals in Scotland

      5. 34. Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

      6. 35. Transfer of Ministerial responsibilities for certain tribunals

      7. 36. Transfer of powers to make procedural rules for certain tribunals

      8. 37. Power to amend lists of tribunals in Schedule 6

      9. 38. Orders under sections 30 to 36: supplementary

    4. Chapter 4

      Administrative matters in respect of certain tribunals

      1. 39. The general duty

      2. 40. Tribunal staff and services

      3. 41. Provision of accommodation

      4. 42. Fees

      5. 43. Report by Senior President of Tribunals

    5. Chapter 5

      Oversight of administrative justice system, tribunals and inquiries

      1. 44. The Administrative Justice and Tribunals Council

      2. 45. Abolition of the Council on Tribunals

    6. Chapter 6

      Supplementary

      1. 46. Delegation of functions by Lord Chief Justice etc.

      2. 47. Co-operation in relation to judicial training, guidance and welfare

      3. 48. Consequential and other amendments, and transitional provisions

      4. 49. Orders and regulations under Part 1: supplemental and procedural provisions

  2. Part 2

    Judicial appointments

    1. 50. Judicial appointments: "judicial-appointment eligibility condition"

    2. 51. "Relevant qualification" in section 50: further provision

    3. 52. Meaning of "gain experience in law" in section 50

    4. 53. Transfer from salaried to fee-paid judicial office

    5. 54. Continuation of judicial office after normal retirement date

    6. 55. Appointment of deputy Circuit judges

    7. 56. Appointment of deputy district judges, etc.

    8. 57. Deputy, and temporary additional, Masters etc.

    9. 58. Appointment of temporary assistants to Judge Advocate General

    10. 59. Members and chairmen of certain Appeals Commissions

    11. 60. Appointment as Chairman of Law Commission

    12. 61. Orders permitting disclosures to Judicial Appointments Commission

  3. Part 3

    Enforcement by taking control of goods

    1. Chapter 1

      Procedure

      1. 62. Enforcement by taking control of goods

      2. 63. Enforcement agents

      3. 64. Certificates to act as an enforcement agent

      4. 65. Common law rules replaced

      5. 66. Pre-commencement enforcement not affected

      6. 67. Transfer of county court enforcement

      7. 68. Magistrates' courts warrants of control

      8. 69. County court warrants of control etc.

      9. 70. Power of High Court to stay execution

    2. Chapter 2

      Rent arrears recovery

      1. Abolition of common law right

        1. 71. Abolition of common law right

      2. Commercial rent arrears recovery

        1. 72. Commercial rent arrears recovery (CRAR)

        2. 73. Landlord

        3. 74. Lease

        4. 75. Commercial premises

        5. 76. Rent

        6. 77. The rent recoverable

        7. 78. Intervention of the court

        8. 79. Use of CRAR after end of lease

        9. 80. Agricultural holdings

      3. Right to rent from sub-tenant

        1. 81. Right to rent from sub-tenant

        2. 82. Off-setting payments under a notice

        3. 83. Withdrawal and replacement of notices

        4. 84. Recovery of sums due and overpayments

      4. Supplementary

        1. 85. Contracts for similar rights to be void

        2. 86. Amendments

        3. 87. Interpretation of Chapter

    3. Chapter 3

      General

      1. 88. Abolition of Crown preference

      2. 89. Application to the Crown

      3. 90. Regulations

  4. Part 4

    Enforcement of judgments and orders

    1. Attachment of earnings orders

      1. 91. Attachment of earnings orders: deductions at fixed rates

      2. 92. Attachment of earnings orders: finding the debtor's current employer

    2. Charging orders

      1. 93. Payment by instalments: making and enforcing charging orders

      2. 94. Charging orders: power to set financial thresholds

    3. Information requests and orders

      1. 95. Application for information about action to recover judgment debt

      2. 96. Action by the court

      3. 97. Departmental information requests

      4. 98. Information orders

      5. 99. Responding to a departmental information request

      6. 100. Information order: required information not held etc.

      7. 101. Using the information about the debtor

      8. 102. Offence of unauthorised use or disclosure

      9. 103. Regulations

      10. 104. Interpretation

      11. 105. Application and transitional provision

  5. Part 5

    Debt management and relief

    1. Chapter 1

      Administration orders

      1. 106. Administration orders

    2. Chapter 2

      Enforcement restriction orders

      1. 107. Enforcement restriction orders

    3. Chapter 3

      Debt relief orders

      1. 108. Debt relief orders and debt relief restrictions orders etc.

    4. Chapter 4

      Debt management schemes

      1. Introductory

        1. 109. Debt management schemes

        2. 110. Debt repayment plans

      2. Approval of schemes

        1. 111. Approval by supervising authority

        2. 112. Applications for approval

        3. 113. Terms of approval

      3. Effect of plans etc.

        1. 114. Discharge from specified debts

        2. 115. Presentation of bankruptcy petition

        3. 116. Remedies other than bankruptcy

        4. 117. Charging of interest etc.

        5. 118. Stopping supplies of gas or electricity

        6. 119. Existing county court proceedings to be stayed

        7. 120. Registration of plans

        8. 121. Other debt management arrangements in force

      4. Appeals

        1. 122. Right of appeal

        2. 123. Dealing with appeals

      5. Approved schemes: charging

        1. 124. Charges by operator of approved scheme

      6. Termination of approval

        1. 125. Procedure for termination

        2. 126. Terminating an approval

        3. 127. Alternatives to termination

      7. Effects of end of approval

        1. 128. Effects of end of approval

      8. The supervising authority

        1. 129. The supervising authority

      9. Various

        1. 130. Regulations

        2. 131. Main definitions

        3. 132. Expressions relating to debts

        4. 133. Periods of protection

  6. Part 6

    Protection of cultural objects on loan

    1. 134. Protected objects

    2. 135. Effect of protection

    3. 136. Relevant museums and galleries

    4. 137. Interpretation

    5. 138. Crown application

  7. Part 7

    Miscellaneous

    1. Compulsory purchase

      1. 139. Enforcement by enforcement officers

      2. 140. Supplementary

    2. Judicial review

      1. 141. Judicial review: power to substitute decision

    3. Employment tribunals: ACAS

      1. 142. Recovery of sums payable under compromises involving ACAS

    4. Design rights: appeals

      1. 143. Appeals in relation to design rights

  8. Part 8

    General

    1. 144. Protected functions of the Lord Chancellor

    2. 145. Power to make supplementary or other provision

    3. 146. Repeals

    4. 147. Extent

    5. 148. Commencement

    6. 149. Short title

    1. Schedule 1

      Senior President of Tribunals

      1. Part 1

        Recommendations for appointment

      2. Part 2

        Selection by the Judicial Appointments Commission

      3. Part 3

        Terms of office

      4. Part 4

        Certain functions of the Senior President

    2. Schedule 2

      Judges and other members of the First-tier Tribunal

    3. Schedule 3

      Judges and other members of the Upper Tribunal

    4. Schedule 4

      Chambers and Chamber Presidents: further provision

      1. Part 1

        Chamber Presidents: appointment, delegation, deputies and further provision

      2. Part 2

        Judges and other members of chambers: assignment and jurisdiction

    5. Schedule 5

      Procedure in First-tier Tribunal and Upper Tribunal

      1. Part 1

        Tribunal Procedure Rules

      2. Part 2

        Tribunal Procedure Committee

      3. Part 3

        Making of Tribunal Procedure Rules by Tribunal Procedure Committee

      4. Part 4

        Power to amend legislation in connection with Tribunal Procedure Rules

    6. Schedule 6

      Tribunals for the purposes of sections 30 to 36

      1. Part 1

        Tribunals for the purposes of sections 30, 35 and 36

      2. Part 2

        Tribunals for the purposes of sections 30 and 35

      3. Part 3

        Tribunals for the purposes of sections 30 and 36

      4. Part 4

        Tribunals for the purposes of section 30

      5. Part 5

        Tribunals for the purposes of sections 35 and 36

      6. Part 6

        Tribunals for the purposes of section 35

      7. Part 7

        Tribunals for the purposes of section 32(3)

    7. Schedule 7

      Administrative Justice and Tribunals Council

      1. Part 1

        Members and committees

      2. Part 2

        Functions

      3. Part 3

        Council to be consulted on rules for listed tribunals

      4. Part 4

        Interpretation

    8. Schedule 8

      Tribunals and Inquiries: consequential and other amendments

    9. Schedule 9

      Tribunals: transitional provision

      1. Part 1

        General and miscellaneous

      2. Part 2

        Judges and other members of First-Tier and Upper Tribunals: retirement dates

      3. Part 3

        Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

      4. Part 4

        Amendments to the Judicial Pensions and Retirement Act 1993

    10. Schedule 10

      Amendments relating to judicial appointments

      1. Part 1

        Amendments

      2. Part 2

        Amendments relating to enactments already repealed

    11. Schedule 11

      District judges and deputy district judges

    12. Schedule 12

      Taking control of goods

      1. Part 1

        Introductory

      2. Part 2

        The procedure

    13. Schedule 13

      Taking control of goods: amendments

    14. Schedule 14

      Rent arrears recovery: amendments

    15. Schedule 15

      Attachment of earnings orders: deductions at fixed rates

      1. Part 1

        Main amendments

      2. Part 2

        Consequential amendments

    16. Schedule 16

      Administration orders: consequential amendments

    17. Schedule 17

      Part 7A of the Insolvency Act 1986

    18. Schedule 18

      Schedule 4ZA to the Insolvency Act 1986

    19. Schedule 19

      Schedule 4ZB to the Insolvency Act 1986

    20. Schedule 20

      Debt relief orders: consequential amendments

      1. Part 1

        Amendments to the Insolvency Act 1986

      2. Part 2

        Amendments to other legislation

    21. Schedule 21

      Regulations under sections 111 and 113

    22. Schedule 22

      Compulsory purchase: consequential amendments

    23. Schedule 23

      Repeals

      1. Part 1

        Tribunals and Inquiries

      2. Part 2

        Judicial appointments

      3. Part 3

        Enforcement by taking control of goods

      4. Part 4

        Rent arrears recovery

      5. Part 5

        Administration orders

      6. Part 6

        Appeal Tribunal under section 28 of the Registered Designs Act 1949: abolition

An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.

[19th July 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Tribunals and Inquiries

Chapter 1 Tribunal judiciary: independence and Senior President

1 Independence of tribunal judiciary

In section 3 of the Constitutional Reform Act 2005 (c. 4) (guarantee of continued judicial independence), after subsection (7) insert--

" (7A) In this section "the judiciary" also includes every person who--

(a) holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and

(b) but for this subsection would not be a member of the judiciary for the purposes of this section.

(7B) The offices are those of--

(a) Senior President of Tribunals;

(b) President of Employment Tribunals (Scotland);

(c) Vice President of Employment Tribunals (Scotland);

(d) member of a panel of chairmen of Employment Tribunals (Scotland);

(e) member of a panel of members of employment tribunals that is not a panel of chairmen;

(f) adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995. "

2 Senior President of Tribunals

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person to the office of Senior President of Tribunals.

(2) Schedule 1 makes further provision about the Senior President of Tribunals and about recommendations for appointment under subsection (1).

(3) A holder of the office of Senior President of Tribunals must, in carrying out the functions of that office, have regard to--

(a) the need for tribunals to be accessible,

(b) the need for proceedings before tribunals--

(i) to be fair, and

(ii) to be handled quickly and efficiently,

(c) the need for members of tribunals to be experts in the subject-matter of, or the law to be applied in, cases in which they decide matters, and

(d) the need to develop innovative methods of resolving disputes that are of a type that may be brought before tribunals.

(4) In subsection (3) "tribunals" means--

(a) the First-tier Tribunal,

(b) the Upper Tribunal,

(c) employment tribunals,

(d) the Employment Appeal Tribunal, and

(e) the Asylum and Immigration Tribunal.



Chapter 2 First-tier Tribunal and Upper Tribunal

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Establishment

3 The First-tier Tribunal and the Upper Tribunal

(1) There is to be a tribunal, known as the First-tier Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.

(2) There is to be a tribunal, known as the Upper Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.

(3) Each of the First-tier Tribunal, and the Upper Tribunal, is to consist of its judges and other members.

(4) The Senior President of Tribunals is to preside over both of the First-tier Tribunal and the Upper Tribunal.

(5) The Upper Tribunal is to be a superior court of record.



Members and composition of tribunals

4 Judges and other members of the First-tier Tribunal

(1) A person is a judge of the First-tier Tribunal if the person--

(a) is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2,

(b) is a transferred-in judge of the First-tier Tribunal (see section 31(2)),

(c) is a judge of the Upper Tribunal,

(d) is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (legally qualified members) and is not a judge of the Upper Tribunal, or

(e) is a member of a panel of chairmen of employment tribunals.

(2) A person is also a judge of the First-tier Tribunal, but only as regards functions of the tribunal in relation to appeals such as are mentioned in subsection (1) of section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), if the person is an adjudicator appointed under that section by the Scottish Ministers.

(3) A person is one of the other members of the First-tier Tribunal if the person--

(a) is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2,

(b) is a transferred-in other member of the First-tier Tribunal (see section 31(2)),

(c) is one of the other members of the Upper Tribunal, or

(d) is a member of a panel of members of employment tribunals that is not a panel of chairmen of employment tribunals.

(4) Schedule 2--

  • contains provision for the appointment of persons to be judges or other members of the First-tier Tribunal, and

  • makes further provision in connection with judges and other members of the First-tier Tribunal.

5 Judges and other members of the Upper Tribunal

(1) A person is a judge of the Upper Tribunal if the person--

(a) is the Senior President of Tribunals,

(b) is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,

(c) is a transferred-in judge of the Upper Tribunal (see section 31(2)),

(d) is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (legally qualified members) who--

(i) is the President or a Deputy President of that tribunal, or

(ii) has the title Senior Immigration Judge but is neither the President nor a Deputy President of that tribunal,

(e) is the Chief Social Security Commissioner, or any other Social Security Commissioner, appointed under section 50(1) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8),

(f) is a Social Security Commissioner appointed under section 50(2) of that Act (deputy Commissioners),

(g) is within section 6(1),

(h) is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 or under section 31(2)), or

(i) is a Chamber President or a Deputy Chamber President, whether of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal, and does not fall within any of paragraphs (a) to (h).

(2) A person is one of the other members of the Upper Tribunal if the person--

(a) is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3,

(b) is a transferred-in other member of the Upper Tribunal (see section 31(2)),

(c) is a member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17), or

(d) is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(e) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (members other than "legally qualified members").

(3) Schedule 3--

  • contains provision for the appointment of persons to be judges (including deputy judges), or other members, of the Upper Tribunal, and

  • makes further provision in connection with judges and other members of the Upper Tribunal.

6 Certain judges who are also judges of First-tier Tribunal and Upper Tribunal

(1) A person is within this subsection (and so, by virtue of sections 4(1)(c) and 5(1)(g), is a judge of the First-tier Tribunal and of the Upper Tribunal) if the person--

(a) is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(b) is a Lord Justice of Appeal in Northern Ireland,

(c) is a judge of the Court of Session,

(d) is a puisne judge of the High Court in England and Wales or Northern Ireland,

(e) is a circuit judge,

(f) is a sheriff in Scotland,

(g) is a county court judge in Northern Ireland,

(h) is a district judge in England and Wales or Northern Ireland, or

(i) is a District Judge (Magistrates' Courts).

(2) References in subsection (1)(c) to (i) to office-holders do not include deputies or temporary office-holders.

7 Chambers: jurisdiction and Presidents

(1) The Lord Chancellor may, with the concurrence of the Senior President of Tribunals, by order make provision for the organisation of each of the First-tier Tribunal and the Upper Tribunal into a number of chambers.

(2) There is--

(a) for each chamber of the First-tier Tribunal, and

(b) for each chamber of the Upper Tribunal,

to be a person, or two persons, to preside over that chamber.

(3) A person may not at any particular time preside over more than one chamber of the First-tier Tribunal and may not at any particular time preside over more than one chamber of the Upper Tribunal (but may at the same time preside over one chamber of the First-tier Tribunal and over one chamber of the Upper Tribunal).

(4) A person appointed under this section to preside over a chamber is to be known as a Chamber President.

(5) Where two persons are appointed under this section to preside over the same chamber, any reference in an enactment to the Chamber President of the chamber is a reference to a person appointed under this section to preside over the chamber.

(6) The Senior President of Tribunals may (consistently with subsections (2) and (3)) appoint a person who is the Chamber President of a chamber to preside instead, or to preside also, over another chamber.

(7) The Lord Chancellor may (consistently with subsections (2) and (3)) appoint a person who is not a Chamber President to preside over a chamber.

(8) Schedule 4 (eligibility for appointment under subsection (7), appointment of Deputy Chamber Presidents and Acting Chamber Presidents, assignment of judges and other members of the First-tier Tribunal and Upper Tribunal, and further provision about Chamber Presidents and chambers) has effect.

(9) Each of the Lord Chancellor and the Senior President of Tribunals may, with the concurrence of the other, by order--

(a) make provision for the allocation of the First-tier Tribunal's functions between its chambers;

(b) make provision for the allocation of the Upper Tribunal's functions between its chambers;

(c) amend or revoke any order made under this subsection.

8 Senior President of Tribunals: power to delegate

(1) The Senior President of Tribunals may delegate any function he has in his capacity as Senior President of Tribunals--

(a) to any judge, or other member, of the Upper Tribunal or First-tier Tribunal;

(b) to staff appointed under section 40(1).

(2) Subsection (1) does not apply to functions of the Senior President of Tribunals under section 7(9).

(3) A delegation under subsection (1) is not revoked by the delegator's becoming incapacitated.

(4) Any delegation under subsection (1) that is in force immediately before a person ceases to be Senior President of Tribunals continues in force until varied or revoked by a subsequent holder of the office of Senior President of Tribunals.

(5) The delegation under this section of a function shall not prevent the exercise of the function by the Senior President of Tribunals.



Review of decisions and appeals

9 Review of decision of First-tier Tribunal

(1) The First-tier Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 11(1) (but see subsection (9)).

(2) The First-tier Tribunal's power under subsection (1) in relation to a decision is exercisable--

(a) of its own initiative, or

(b) on application by a person who for the purposes of section 11(2) has a right of appeal in respect of the decision.

(3) Tribunal Procedure Rules may--

(a) provide that the First-tier Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;

(b) provide that the First-tier Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;

(c) provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;

(d) provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the First-tier Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.

(4) Where the First-tier Tribunal has under subsection (1) reviewed a decision, the First-tier Tribunal may in the light of the review do any of the following--

(a) correct accidental errors in the decision or in a record of the decision;

(b) amend reasons given for the decision;

(c) set the decision aside.

(5) Where under subsection (4)(c) the First-tier Tribunal sets a decision aside, the First-tier Tribunal must either--

(a) re-decide the matter concerned, or

(b) refer that matter to the Upper Tribunal.

(6) Where a matter is referred to the Upper Tribunal under subsection (5)(b), the Upper Tribunal must re-decide the matter.

(7) Where the Upper Tribunal is under subsection (6) re-deciding a matter, it may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-deciding the matter.

(8) Where a tribunal is acting under subsection (5)(a) or (6), it may make such findings of fact as it considers appropriate.

(9) This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 11(1), but the First-tier Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).

(10) A decision of the First-tier Tribunal may not be reviewed under subsection (1) more than once, and once the First-tier Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.

(11) Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (10) to be taken to be different decisions.

10 Review of decision of Upper Tribunal

(1) The Upper Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 13(1) (but see subsection (7)).

(2) The Upper Tribunal's power under subsection (1) in relation to a decision is exercisable--

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