Legislation – Tribunals, Courts and Enforcement Act 2007
Changes to legislation:
Tribunals, Courts and Enforcement Act 2007, Section 13 is up to date with all changes known to be in force on or before 06 April 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 13:
- s. 13 restricted by 2023 c. 37 s. 45(7) 46(7) 48(8)
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
Review of decisions and appeals
13Right to appeal to Court of Appeal etc.
(1)
For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the relevant appellate court on any point of law arising from a decision made by the Upper Tribunal other than an excluded decision.
(2)
Any party to a case has a right of appeal, subject to subsection (14).
(3)
That right may be exercised only with permission (or, in Northern Ireland, leave).
(4)
Permission (or leave) may be given by—
(a)
the Upper Tribunal, or
(b)
the relevant appellate court,
on an application by the party.
(5)
An application may be made under subsection (4) to the relevant appellate court only if permission (or leave) has been refused by the Upper Tribunal.
(6)
The Lord Chancellor may, as respects an application under subsection (4) that falls within subsection (7) and for which the relevant appellate court is the Court of Appeal in England and Wales or the Court of Appeal in Northern Ireland, by order make provision for permission (or leave) not to be granted on the application unless the Upper Tribunal or (as the case may be) the relevant appellate court considers—
(a)
that the proposed appeal would raise some important point of principle or practice, or
(b)
that there is some other compelling reason for the relevant appellate court to hear the appeal.
F1(6A)
Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—
(a)
that the proposed appeal would raise some important point of principle F2or practice, or
(b)
that there is some other compelling reason for the court to hear the appeal.
(7)
An application falls within this subsection if the application is for permission (or leave) to appeal from any decision of the Upper Tribunal on an appeal under section 11.
(8)
For the purposes of subsection (1), an “excluded decision” is—
(a)
any decision of the Upper Tribunal on an appeal under F3section 27(3) or (5), 79(5) or (7) or 111(3) or (5) of the Data Protection Act 2018 (appeals against national security certificate),
(b)
any decision of the Upper Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36)
(appeals against national security certificate),
F4(ba)
any decision of the Upper Tribunal under section 88, 89(3) or 92(3) of the Tax Collection and Management (Wales) Act 2016 (anaw 6) (approval for Welsh Revenue Authority to issue certain information notices),
F4(bb)
any decision of the Upper Tribunal under section 108 of that Act (approval for Welsh Revenue Authority to inspect premises),
F5(bc)
any decision of the Upper Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests),
(c)
any decision of the Upper Tribunal on an application under section 11(4)(b)
(application for permission or leave to appeal),
(d)
a decision of the Upper Tribunal under section 10—
(i)
to review, or not to review, an earlier decision of the tribunal,
(ii)
to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal, or
(iii)
to set aside an earlier decision of the tribunal,
(e)
a decision of the Upper Tribunal that is set aside under section 10 (including a decision set aside after proceedings on an appeal under this section have been begun), or
(f)
any decision of the Upper Tribunal that is of a description specified in an order made by the Lord Chancellor.
(9)
A description may be specified under subsection (8)(f) only if—
(a)
in the case of a decision of that description, there is a right to appeal to a court from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or
(b)
decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.
(10)
Where—
(a)
an order under subsection (8)(f) specifies a description of decisions, and
(b)
decisions of that description are made in carrying out a function transferred under section 30,
the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).
(11)
Before the Upper Tribunal decides an application made to it under subsection (4), the Upper Tribunal must specify the court that is to be the relevant appellate court as respects the proposed appeal.
(12)
The court to be specified under subsection (11) in relation to a proposed appeal is whichever of the following courts appears to the Upper Tribunal to be the most appropriate—
(a)
the Court of Appeal in England and Wales;
(b)
the Court of Session;
(c)
the Court of Appeal in Northern Ireland.
(13)
In this section except subsection (11), “the relevant appellate court”, as respects an appeal, means the court specified as respects that appeal by the Upper Tribunal under subsection (11).
(14)
The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).
(15)
Rules of court may make provision as to the time within which an application under subsection (4) to the relevant appellate court must be made.