The Tribunal Procedure (Amendment) Rules 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/514 |
| Year | 2014 |
2014No. 514 (L. 4)
TRIBUNALS AND INQUIRIES
The Tribunal Procedure (Amendment) Rules 2014
4thMarch2014
10thMarch2014
6thApril2014
The Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by regulation 44(2) of the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013( 1), regulation 44(2) of the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013( 2) and sections 22 and 29(3) of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007( 3), having consulted in accordance with paragraph 28(1) of that Schedule to that Act.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of that Schedule to that Act.
Citation and commencement
1. These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2014 and come into force on 6th April 2014.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
2. The Tribunal Procedure (Upper Tribunal) Rules 2008( 4) are amended as follows.
3. In the table of contents-
(a) in the entry for rule 26B, after "Financial services cases" insert "and wholesale energy cases";(b) in the entry for Schedule 3, after "Financial Services Cases" insert "and Wholesale Energy Cases".4. In rule 1 (interpretation etc), in paragraph (3)( 5)-
(a) in paragraph (b) of the definition of "applicant", after "financial services case" insert "or a wholesale energy case";(b) at the end of paragraph (c) of the definition of "financial services case" omit "or";(c) in paragraph (c) of the definition of "interested party", after "financial services case" insert "or a wholesale energy case";(d) after paragraph (da) of the definition of "respondent" insert-"(db) in a wholesale energy case, in relation to Great Britain, the Gas and Electricity Markets Authority or, in relation to Northern Ireland, the Northern Ireland Authority for Utility Regulation; or";(e) after the definition of "tribunal", insert-""wholesale energy case" means a reference to the Upper Tribunal in respect of a decision of-
(a) in relation to Great Britain, the Gas and Electricity Markets Authority under the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013( 6); or(b) in relation to Northern Ireland, the Northern Ireland Authority for Utility Regulation under the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013( 7);".5. In rule 5 (case management powers), after paragraph (6)( 8), insert-
"(7) In a wholesale energy case, the Upper Tribunal may direct that the effect of the decision in respect of which the reference has been made is to be suspended pending the determination of the reference."6. In rule 10 (orders for costs), in paragraph (3)(e)( 9), after "financial services case" insert "or a wholesale energy case".
7. In rule 21 (application to the Upper Tribunal for permission to appeal)( 10)-
(a) in paragraph (2)(b), at the end, insert "or has been granted only on limited grounds";(b) after paragraph (7) insert-"(8) In this rule, a reference to notice of a refusal of permission to appeal is to be taken to include a reference to notice of a grant of permission to appeal on limited grounds."8. In rule 22 (decision in relation to permission to appeal)( 11)-
(a) in paragraph (1), after "permission to appeal" insert "or refuses to admit a late application for permission";(b) after paragraph (3)(a)(iia), insert-"(iib) the Property Chamber of the First-tier Tribunal;"(c) in paragraph (4)(a), after "permission to appeal", insert "or refuses to admit a late application for permission".9. In the heading to rule 26B( 12), after "Financial services cases" insert "and wholesale energy cases".
10. In rule 26B, after "financial services cases" insert "and wholesale energy cases".
11. In rule 30 (decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing)( 13)-
(a) for paragraph (1)(b), substitute-"(b) the reasons for any-(i) refusal of the application or refusal to admit the late application, or(ii) limitations or conditions on permission."(b) for paragraph (3)(a), substitute-"(a) determines an application for permission to bring judicial review proceedings by-(i) refusing permission or refusing to admit the late application, or(ii) giving permission...Get this document and AI-powered insights with a free trial of vLex and Vincent AI
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