Powers of the Court

Section 324 of the 2003 Act sets out the powers of the court when considering an appeal against a decision of the Tribunal. If the court allows the appeal, then the court must set aside the decision of the Tribunal and shall–

• if it considers that it can properly do so on the facts found to be established by the Tribunal, substitute its own decision; or
• remit the case to the Tribunal for consideration anew.

If the court remits the case to the Tribunal for consideration anew, then the court may direct that the Tribunal be differently constituted from when it made the decision.  This means that the tribunal panel cannot include any of the people who made the decision appealed against.  The Court may issue such other directions to the Tribunal about the consideration of the case as it considers appropriate.