Tribunal rule 5A: Difference between revisions
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['''Coronavirus temporary rule (decisions without a hearing)''' | <strike>['''Coronavirus temporary rule (decisions without a hearing)''' | ||
5A.—(1) Notwithstanding anything in rule 22 (order that a school be regarded as not registered pending determination of an appeal), rule 23 (decision with or without a hearing), rule 35 (restrictions on disposal of proceedings without a hearing) or rule 37 (time and place of hearings), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied. | 5A.—(1) Notwithstanding anything in rule 22 (order that a school be regarded as not registered pending determination of an appeal), rule 23 (decision with or without a hearing), rule 35 (restrictions on disposal of proceedings without a hearing) or rule 37 (time and place of hearings), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied. | ||
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:(c) it is in the interests of justice to do so. | :(c) it is in the interests of justice to do so. | ||
(3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.]<ref> | (3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.]</strike><ref>This rule was inserted by [[Tribunal Procedure (Coronavirus) (Amendment) Rules 2020]], r2, with effect from 10/4/20, and expired on 25/9/22 when s55(b) [[Coronavirus Act 2020]] expired for all purposes.</ref> | ||
'''Amendments''' | '''Amendments''' | ||
<references/> | <references/> | ||
'''Last updated:''' 16/11/22. Legislation.gov.uk incorrectly has this rule as still in force. | |||
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Latest revision as of 10:22, 16 November 2022
[Coronavirus temporary rule (decisions without a hearing)
5A.—(1) Notwithstanding anything in rule 22 (order that a school be regarded as not registered pending determination of an appeal), rule 23 (decision with or without a hearing), rule 35 (restrictions on disposal of proceedings without a hearing) or rule 37 (time and place of hearings), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.
(2) The conditions are—
- (a) the matter is urgent;
- (b) it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and
- (c) it is in the interests of justice to do so.
(3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.][1]
Amendments
- ↑ This rule was inserted by Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, r2, with effect from 10/4/20, and expired on 25/9/22 when s55(b) Coronavirus Act 2020 expired for all purposes.
Last updated: 16/11/22. Legislation.gov.uk incorrectly has this rule as still in force.