The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020
2020 No. 416 (L. 11)
Tribunals And Inquiries
The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020
Made 8th April 2020
Laid before Parliament 9th April 2020
Coming into force in accordance with rule 1
The Tribunal Procedure Committee makes the following Rules, in exercise of the powers conferred by section 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071, having consulted in accordance with paragraph 28(1) of Schedule 5 to that Act.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
Citation, commencement and expiry
1.—(1) These Rules may be cited as the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020.
(2) These Rules come into force on the day after the day on which they are laid, and shall cease to have effect on the same day that, and immediately after, section 55(b) (public participation in proceedings conducted by video or audio) of the Coronavirus Act 20202expires for all purposes.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
2.—(1) The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 20083are amended as follows.
(2) After rule 5 (case management powers), insert—
“Coronavirus temporary rule (decisions without a hearing)
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.”.
(3) In rule 26 (public and private hearings), after paragraph (3), insert—
“3A. Without prejudice to paragraph (3), the Tribunal may direct that a hearing, or part of it, is to be held in private if—
(a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;
(b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;
(c) a media representative is not able to access the proceedings remotely while they are taking place; and
(d) such a direction is necessary to secure the proper administration of justice.”.
(4) After rule 26 (public and private hearings), insert—
“Coronavirus temporary rule (recording of remote hearings)
1. In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.
2. Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.
3. The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—
(a) held in private under rule 26(3A); or
(b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.”.
(5) In rule 37 (time and place of hearings)—
(a)
(a) in paragraph (1)—
(i) at the beginning, insert “Subject to paragraph (1A),”; and
(ii) for “7”, substitute “10”;
(b)
(b) after paragraph (1), insert—
“1A. If the Tribunal considers that it is not reasonably practicable for a hearing to start within the period specified in paragraph (1), the hearing must start within such time as the Tribunal may direct.”.
Amendments to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008
3.—(1) The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 20084are amended as follows.
(2) After rule 5 (case management powers), insert—
“Coronavirus temporary rule (decisions without a hearing)
1. Notwithstanding anything in rule 25 (decision with or without a hearing), 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.”.
(3) In rule 28 (public and private hearings), after paragraph (2), insert—
“2A. Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—
(a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;
(b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;
(c) a media representative is not able to access the proceedings remotely while they are taking place; and
(d) such a direction is necessary to secure the proper administration of justice.”.
(4) After rule 28 (public and private hearings), insert—
“Coronavirus temporary rule (recording of remote hearings)
1. In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.
2. Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.
3. The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—
(a) held in private under rule 28(2A); or
(b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.”.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
4.—(1) The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 20085are amended as follows.
(2) After rule 5 (case management powers), insert—
“Coronavirus temporary rule (decisions without a hearing)
1. Notwithstanding anything in rule 27 (decision with or without a hearing), 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.”.
(3) In rule 30 (public and private hearings), after paragraph (3), insert—
“3A. Without prejudice to paragraph (3), the Tribunal may direct that a hearing, or part of it, is to be held in private if—
(a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;
(b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;
(c) a media representative is not able to access the proceedings remotely while they are taking place; and
(d) such a direction is necessary to secure the proper administration of justice.”.
(4) After rule 30 (public and private hearings), insert—
“Coronavirus temporary rule (recording of remote hearings)
1. In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.
2. Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.
3. The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—
(a) held in private under rule 30(3A); or
(b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.”.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
5.—(1) The Tribunal Procedure (Upper Tribunal) Rules 20086are amended as follows.
(2) After rule 5 (case management powers), insert—
“Coronavirus temporary rule (decisions without a hearing)
1. Notwithstanding anything in rule 34 (decision with or without a hearing), the Upper Tribunal may make a decision which disposes of proceedings without a hearing if the Upper 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...
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