Citation and commencement

1. This Order may be cited as the Appeals (Excluded Decisions) Order 2009 and comes into force on 1st April 2009.

Excluded decisions

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) a decision under section 103 of the Immigration and Asylum Act 1999 (appeals); and

(b) a decision under paragraphs 1, 5, 6, and 10(12) and (13) of Schedule 10 to the Immigration Act 2016.

3. For the purposes of sections 11(1) and 13(1) of the Tribunals, Courts and Enforcement Act 2007, the following decisions of the First-tier Tribunal or the Upper Tribunal are excluded decisions—

(a) any decision under section 20(7), (8B) or (8G)(b) (power to call for documents of taxpayer and others), 20B(1B) or (6) (restrictions on powers under sections 20 and 20A) or 20BB(2)(a) (falsification etc. of documents) of the Taxes Management Act 1970( 2 );

(b) any decision under section 35A(2) (variation of undertakings), 79A(2) (variation of undertakings) or 219(1A) (power to require information) of the Inheritance Tax Act 1984( 3 );

(c) any decision under section 152(5) (notification of taxable amount of certain benefits) or 215(7) (advance clearance by Board of distributions and payments) of the Income and Corporation Taxes Act 1988( 4 );

(d) any decision under section 138(4) of the Taxation of Chargeable Gains Act 1992( 5 ) (procedure for clearance in advance);

(e) any decision under section 187(5) or (6) (returns and information) of, or paragraph 3(2) or 6(2) of Schedule 21 (restrictions on powers under section 187) to, the Finance Act 1993( 6 );

(f) any decision under paragraph 91(5) of Schedule 15 to the Finance Act 2000( 7 ) (corporate venturing scheme: advance clearance);

(g) any decision under paragraph 88(5) of Schedule 29 to the Finance Act 2002( 8 ) (gains and losses from intangible fixed assets: transfer of business or trade);

(h) any decision under paragraph 2, 4, 7, 9, 10, 11 or 24 of Schedule 13 to the Finance Act 2003( 9 ) (stamp duty land tax: information powers);

(i) any decision under section 306A (doubt as to notifiability), 308A (supplemental information), 313B (reasons for non-disclosure: supporting information) or 314A (order to disclose) of the Finance Act 2004( 10 );

(j) any decision under section 697(4) of the Income Tax Act 2007( 11 ) (opposed notifications: determinations by tribunal);

(k) any decision under regulation 10(3) of the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004( 12 ) (procedure for Board’s approval);

(l) any decision under regulation 5A (doubt as to notifiability), 7A (supplemental information), 12B (reasons for non-disclosure: supporting information) or 12C (order to disclose) of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007( 13 );

(m) any procedural, ancillary or preliminary decision made in relation to an appeal against a decision under section 40A of the British Nationality Act 1981 or section 82 ... of the Nationality, Immigration and Asylum Act 2002 ... .

Revocations

4.The Appeals (Excluded Decisions) Order 2008( 14 ) and the Appeals (Excluded Decisions) (Amendment) Order 2008( 15 ) are revoked.