Clause 12
Tribunals, Courts and Enforcement Bill
1:15 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
The principal amendment is a simple probing amendment that would replace the word “may” with the word “must”. The others are consequential on it. If the upper tribunal decides against the lower tier, it is surely not the case merely that the upper tribunal may be able to set aside the decision. Rather, surely it is the case that it must set the decision aside. There should not be any “mays”, “perhapses” or “coulds”; the word should be “must”. That would represent better drafting and would be altogether neater and clearer.