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Change 1
As published
32 Power to provide for appeal to Upper Tribunal from tribunals in Wales
(1) Subsection (2) applies if—
(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is not transferred under section 30(1) in relation to Wales, or
(b) a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.
(2) The Lord Chancellor may by order—
(a) provide for an appeal against a decision to be made to the Upper Tribunal instead of to the court to which an appeal would otherwise fall to be made where the decision is made in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);
(b) provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).
(3) The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.
(4) In subsection (3) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of that subsection.
(5) An order under subsection (2) or (3)—
(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
Your change, as a redline
32 Power to provide for appeal to Upper Tribunal from tribunals in Wales
(1) Subsection (2) applies if—
(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is not transferred under section 30(1) in relation to Wales, or
(b) a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.
(2) The Lord Chancellor may by order—
(a) provide for an appeal against a decision to be made to the Upper Tribunal instead of to the court to which an appeal would otherwise fall to be made where the decision is made in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);
(b) provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).
(3) The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.
(4) In subsection (3) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of that subsection.
(5) An order under subsection (2) or (3)—
(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
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