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Provisions Creating Rights of Appeal to the First-tier Tribunal (General Regulatory Chamber)

Document Cited authorities 35 Cited in Related
Vincent
AuthorSimon Adamyk
Pages347-352
Appendix 5
Provisions Creating Rights of Appeal to the First-tier Tribunal (General Regulatory Chamber)

This appendix sets out a list of the 17 areas of law in which the First-tier Tribunal (General Regulatory Chamber) hears appeals, and lists the key legislative provisions which give rise to and govern each type of appeal. These provisions are dealt with in more detail in Chapter 6 (especially in paragraphs 6.112 to
6.115).

Area of law Relevant legislative provisions governing appeals

Key provisions

Charities Charities Act 2011, ss 315–324 and Sch 6

Charities Act 2011, s 319:
‘(4) In determining … an appeal the Tribunal (a) must consider afresh the decision, direction or order appealed against, and (b) may take into account evidence which was not available to the Commission.
(5) The Tribunal may (a) dismiss the appeal, or (b) if it allows the appeal, exercise any power specified in … Schedule 6.’

Claims management services

Compensation Act 2006, s 13

Compensation Act 2006, s 13(3):
‘On a reference or appeal under this section the Tribunal (a) may take any decision on an application for authorisation that the Regulator could have taken …’

Community right to bid (ACVs)

The Act and the Regulations

Regulation 11(1):
‘An owner of listed land may appeal to the First-Tier Tribunal against the local authority’s decision on a listing review in respect of the land.’

348 Assets of Community Value: Law and Practice

Area of law Relevant legislative provisions governing appeals

Key provisions

Regulation 17:
‘Where a local authority has carried out a compensation review, the person who requested the review may appeal to the First-Tier Tribunal against any decision of the authority on the review.’

Conveyancing Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No 2)
Order 2011 (SI 2011/2863)

2011 Order, reg 5(2):
‘On an appeal to which this article applies, the Tribunal may (a) affirm the Society’s decision in whole or in part; (b) quash the Society’s decision in whole or in part; (c) substitute for all or part of the Society’s decision another decision of a kind that the Society could have taken; (d) remit a matter to the Society (generally, or for determination in accordance with a finding made or direction given by the Tribunal).’

2014 Regulations, reg 12(3):
‘On an appeal under this regulation, the First-tier Tribunal may make such order as it considers appropriate.’

Copyright licensing

Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014 (SI 2014/898), reg 12

Road Traffic Act 1988, s 131(3) and (4A):
‘(3) On the appeal the First-tier Tribunal may make such order (a) for the grant or refusal of the application or, (b) for the removal or the retention of the name in the register, or the revocation or continuation of the...

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