Part 5Reviews and appeals

Part 5—Reviews and appeals Division 1—Internal reviews 70—Internal reviews (1) Subject to this section, an application for a review of a decision of the Tribunal— (a) in the exercise of its original jurisdiction; or (b) as constituted by a registrar or other member of the staff of the Tribunal, may be made under this section. (1a) An application for review under— (a) subsection (1)(a) is only by leave of a legally qualified member of the Tribunal; and (b) subsection (1)(b) is only by leave of a Presidential member of the Tribunal. (2) An application for review must be instituted within 1 month of the making of the decision to which the application relates but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the application should be instituted within that period (even if the time for instituting the application has expired). (3) The President may determine, in relation to a particular matter, or particular class of matters, how the Tribunal will be constituted for the purposes of this section. (4) On a review, the Tribunal will examine the decision of the Tribunal at first instance on the evidence or material before the Tribunal at that time but the Tribunal may, as it thinks fit, allow further evidence or material to be presented to it. (5) The Tribunal must, in acting under this section, reach the correct or preferable decision but in so doing must have regard to, and give appropriate weight to, the decision of the Tribunal at first instance. (6) The Tribunal may, on a review under this section— (a) affirm the decision that is being reviewed; or (b) vary the decision that is being reviewed; or (c) set aside the decision being reviewed and— (i) substitute a new decision; or (ii) return the matter to the Tribunal as constituted at first instance for reconsideration in accordance with any directions or recommendations that the Tribunal acting on review considers appropriate. (7) The Tribunal may, on a review, make any interim order pending any review, or any reconsideration and determination of the matter, under this section, or any ancillary or consequential order, that the Tribunal considers appropriate. Division 2—Appeals 71—Appeals (1) Subject to this section and to any provision of a relevant Act as to the review of, or appeal against, a decision of the Tribunal, an appeal lies— (a) in the case of a decision of the Tribunal— (i) constituted of a Presidential member of the Tribunal; or (ii) constituted of 2 or 3 members including a Presidential member, to the Court of Appeal; or (b) in any other case—to the Supreme Court constituted of a single Judge. (1a) The Rules of the Supreme Court may provide that a matter that would otherwise go to the Court of Appeal under subsection (1) will instead go to a single judge in the General Division of the Supreme Court, and vice versa. (2) An appeal under this section is only by leave of the Supreme Court (but this principle may be displaced or modified by the provisions of a relevant Act). (2a) Without limiting subsection (2), an appeal against a decision of the Tribunal in the exercise of its original jurisdiction, or in a case where the Tribunal is constituted by a registrar or other member of the staff of the Tribunal, may not be instituted under this section unless or until a review of the decision has been conducted under section 70. (2b) However— (a) the operation of subsection (2a) may be— (i) displaced by the Rules of the Supreme Court in specified classes of cases; or (ii) displaced by regulations under this Act; or (iii) displaced or modified by the provisions of a relevant Act; and (b) subsection (2a) does not apply if the President of the Tribunal determines that a decision (or class of decision) should not be subject to a requirement for review under section 70. (3) An appeal must be instituted within 1 month of the making of the decision to which the appeal relates but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired). (3a) An appeal under this section will be by way of rehearing. (3b) The Supreme Court may, in conducting an appeal, draw inferences of fact from evidence or material before the Tribunal and may, as it thinks fit, allow further evidence or material to be presented to it. (4) The Supreme Court may, on an appeal under this section— (a) affirm the decision appealed against; or (b) vary the decision appealed against; or (c) set aside the decision appealed against and, if it thinks fit, return the matter to the Tribunal for reconsideration in accordance with any directions that the Court considers appropriate. (5) The Supreme Court may, on an appeal, make any interim, ancillary or consequential order that the Court considers appropriate. (6) The regulations may prescribe scales of costs that are payable in respect of proceedings before the Supreme Court on an appeal under this section (and if a regulation is made under this section then the costs so prescribed will apply in substitution for any costs under the Supreme Court Act 1935). Division 3—Related matters 72—Reservation of questions of law (1) A Presidential member of the Tribunal may reserve any question of law arising in any proceedings (including on referral to the Presidential member) for determination by the Court of Appeal. (2) If a question of law is reserved, the Court of Appeal may determine the question and give any consequential orders or directions considered by the Court to be appropriate to the circumstances of the case. 73—Effect of review or appeal on decision (1) The commencement of proceedings under this Part does not affect the operation of a decision to which the proceedings relate or prevent the taking of action to implement such a decision. (2) However, the Tribunal or the Supreme Court may make an order staying the operation of a relevant decision (including a decision of a relevant decision‑maker) until the proceedings are finally decided (on such conditions as may be specified in the order). (3) The Tribunal or the Supreme Court may act under subsection (2) on application or on its own initiative. (4) The Tribunal's power to act under subsection (2) is exercisable only by a legally qualified member of the Tribunal.