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(1)Subsection (2) applies if the Upper Tribunal, in deciding an appeal under section 11, finds that the making of the decision concerned involved the making of an error on a point of law.
(2)The Upper Tribunal—
(a)may (but need not) set aside the decision of the First-tier Tribunal, and
(b)if it does, must either—
(i)remit the case to the First-tier Tribunal with directions for its reconsideration, or
(ii)re-make the decision.
(3)In acting under subsection (2)(b)(i), the Upper Tribunal may also—
(a)direct that the members of the First-tier Tribunal who are chosen to reconsider the case are not to be the same as those who made the decision that has been set aside;
(b)give procedural directions in connection with the reconsideration of the case by the First-tier Tribunal.
(4)In acting under subsection (2)(b)(ii), the Upper Tribunal—
(a)may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-making the decision, and
(b)may make such findings of fact as it considers appropriate.
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