The Appeals (Excluded Decisions) Order 2008

Made: 13th October 2008

Laid before Parliament: 15th October 2008

Coming into force: 3rd November 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 11(5)(f) of the Tribunals, Courts and Enforcement Act 2007¹.

1

This Order may be cited as the Appeals (Excluded Decisions) Order 2008 and shall come into force on 3rd November 2008.

2

For the purposes of section 11(1) of the Tribunals, Courts and Enforcement Act 2007, the following decisions of the First-tier Tribunal are excluded decisions—

• (a) any decision on an appeal under section 102 of the Immigration and Asylum Act 1999²;

• (b) any decision on an appeal under section 63(6) of the Tax Credits Act 2002³;

• (c) any decision on an appeal under section 24(2) of the Child Trust Funds Act 2004⁴.

Signed

By authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 13th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 11 of the Tribunals, Courts and Enforcement Act 2007 provides that a party to a case has a right of appeal on a point of law from the First-tier Tribunal to the Upper Tribunal. But there is no right of appeal against a decision which is “excluded”. Excluded decisions are listed in subsection (5) and this Order lists additional excluded decisions which are also prohibited from a right of appeal to the Upper Tribunal under section 11 of the 2007 Act.

Footnotes