Tribunal Procedure (Amendment No. 2) Rules 2017
These Rules amend the rules of procedure which apply in certain chambers of the First-tier Tribunal and Upper Tribunal. They update those rules of procedure to reflect recent changes in primary legislation.
Rules 1 to 3 deal with citation and commencement. Rules 2 and 3 make provision for specified rules to commence at the same time as the primary legislation to which they relate.
Rule 4 amends the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) to extend the definition of “respondent” to the Secretary of State in applications under section 127(5) of the Education and Skills Act 2008 (c.25) (“the Act”). The First-tier Tribunal may impose a relevant restriction on the proprietor of a registered independent educational institution under sections 124, 125 and 126 of the Act. If the First-tier Tribunal exercises this power, a proprietor can apply to the First Tier Tribunal under section 127(5) of the Act to revoke or vary the relevant restriction. Rules 5 and 6 amend rule 20 of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 so that such an application under section 127(5) of the Act can be made at any time the relevant restriction has effect.
Rules 7 and 8 amend the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (S.I. 2009/273) to extend the definition of “respondent” to the Welsh Revenue Authority in appeals under legislation made by the National Assembly for Wales.
Rules 9 and 10 amend rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) in relation to the time limit for an appeal following failure to provide a notification under section 50(4) of the Freedom of Information Act 2000 (c.36) as it applies by reason of regulation 19 of the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415).
Rules 11 to 21 amend the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604) pursuant to the new arrangements for immigration bail in Schedule 10 to the Immigration Act 2016 (c.19), in particular, the replacement of recognizances with financial conditions under paragraph 5, the First-tier Tribunal power to direct the Secretary of State to vary bail conditions under paragraph 6 and the Secretary of State power to make a reference to the First-tier Tribunal under paragraph 11.
Rules 22 to 26 amend the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2600). Paragraph 95 of Electronic Communications Code (“the code”) in Schedule 3A to the Communications Act 2003 (c. 21) enables the Secretary of State to make regulations to confer jurisdiction on the Upper Tribunal so that functions conferred by the code on the court may be exercisable by Upper Tribunal. The rules introduce provisions for applications under the code and for appeals under the Riot Compensation Act 2016 (c. 8).