The Tribunal Procedure (Amendment No. 4) Rules 2013
| Jurisdiction | England & Wales |
| Citation | SI 2013/2067 |
| Year | 2013 |
2013 No. 2067 (L. 20)
Tribunals And Inquiries
The Tribunal Procedure (Amendment No. 4) Rules 2013
Made 27th August 2013
Laid before Parliament 29th August 2013
Coming into force 1st November 2013
The Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by section 22 of, and Schedule 5 to, the Tribunal, Courts and Enforcement Act 20071, having consulted in accordance with paragraph 28(1) of that Schedule.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of that Schedule.
Citation and commencement
1. These Rules may be cited as the Tribunal Procedure (Amendment No. 4) Rules 2013 and come into force on 1st November 2013.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
2. The Tribunal Procedure (Upper Tribunal) Rules 20082are amended as follows.
3. In the table of contents, in the entry for rule 28A3, for “fresh claims” substitute “immigration judicial review”.
4. In rule 1 (citation, commencement, application and interpretation), in paragraph (3)4—
(a) omit the definition of “fresh claim proceedings”;
(b) after the definition of “immigration case” insert—
““immigration judicial review proceedings” means judicial review proceedings which are designated as an immigration matter—
(a) in a direction made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 20055specifying a class of case for the purposes of section 18(6) of the 2007 Act; or
(b) in an order of the High Court in England and Wales made under section 31A(3) of the Senior Courts Act 19816, transferring to the Upper Tribunal an application of a kind described in section 31A(1) of that Act;”;
(c) in the definition of “party”, before “Tribunal finally” insert “Upper”.
5. In rule 8 (striking out a party’s case), for paragraph (1)(b)7substitute—
“(b)
“(b) in immigration judicial review proceedings, when a fee has not been paid, as required, in respect of an application under rule 30(4) or upon the grant of permission.”.
6. In rule 10 (orders for costs), in paragraph (10)8, before “Tribunal” insert “Upper”.
7. In rule 11 (representatives), in paragraphs (5A) and (5B)9, for “fresh claim” substitute “immigration judicial review”.
8. In rule 13 (sending and delivery of documents), in paragraph (7)10, before “Tribunal” insert “Upper”.
9. In rule 17A (appeal treated as abandoned etc), in paragraph (1)11, before “Tribunal if” insert “Upper”.
10. In rule 28 (applications for permission to bring judicial review proceedings), in paragraph (8)12, for “fresh claim” substitute “immigration judicial review”.
11. In rule 28A13(special provisions for fresh claim proceedings)—
(a) in the heading of that rule, for “fresh claim” substitute “immigration judicial review”;
(b) in paragraph (1), for “fresh claim” substitute “immigration judicial review”.
12. In rule 29 (acknowledgment of service)—
(a) in paragraph (1)14, for “fresh claim” at both places, substitute “immigration judicial review”;
(b) in paragraph (2A)15, for “fresh claim” substitute “immigration judicial review”.
13. In rule 30 (decision on permission or summary dismissal etc)—
(a) in paragraph (4), for “In” substitute “Subject to paragraph (4A), in”;
(b) after paragraph (4), insert—
“4A Where the Upper Tribunal refuses permission to bring immigration judicial review proceedings and considers the application to be totally without merit, it shall record that fact in its decision notice and, in those circumstances, the applicant may not request the decision to be reconsidered at a hearing.”;
(c) in paragraph (5)16, for “fresh claim” substitute “immigration judicial review”.
14. In rule 34 (decision with or without a hearing)—
(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;
(b) after paragraph (2), insert—
“3 In immigration judicial review proceedings, the Upper Tribunal must hold a hearing before making a decision which disposes of proceedings.
4 Paragraph (3) does not affect the power of the Upper Tribunal to—
(a) strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);
(b) consent to withdrawal, pursuant to rule 17;
(c) determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or
(d) make a consent order disposing of proceedings, pursuant to rule 39,
without a hearing.”
15. In rule 39 (consent orders), in paragraph (2)17, before “Tribunal” insert “Upper”.
16. In rule 40 (decisions), after paragraph (1), insert—
“1A Subject to paragraph (1B), in immigration judicial review proceedings, a decision which disposes of proceedings shall be given at a hearing.
1B Paragraph (1A) does not affect the power of the Upper Tribunal to—
(a) strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);
(b) consent to withdrawal, pursuant to rule 17;
(c) determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or
(d) make a consent order disposing of proceedings, pursuant to rule 39,
without a hearing.”
17. In rule 43 (setting aside a decision which disposes of proceedings), in paragraph (3)18, before “Tribunal sent” insert “Upper”.
18. In rule 44 (application for permission to appeal)—
(a) in paragraph (1)19, for “paragraph (4A)” substitute “paragraphs (4A) and (4B)”;
(b) in paragraph (4)20, for “ or (3D)” substitute “, (3D) or (4C)”;
(c) for paragraph (4A)21substitute—
“4A Where a decision that disposes of immigration judicial review proceedings is given at a hearing, a party may apply at that hearing for permission to appeal, and the Upper Tribunal must consider at the hearing whether to give or refuse permission to appeal.
4B Where a decision that disposes of immigration judicial review proceedings is given at a hearing and no application for permission to appeal is made at that hearing—
(a) the Upper Tribunal must nonetheless consider at the hearing whether to give or refuse permission to appeal; and
(b) if permission to appeal is given to a party, it shall be deemed for the purposes of section 13(4) of the 2007 Act to be given on application by that party.
4C Where a decision that disposes of immigration judicial review proceedings is given pursuant to rule 30 and the Upper Tribunal records under rule 30(4A) that the application is totally without merit, an application under paragraph (1) must be sent or delivered to the Upper Tribunal so that it is received within 7 days after the later of the dates on which the Upper Tribunal sent to the applicant—
(a) written reasons for the decision; or
(b) notification of amended reasons for, or correction of, the decision following a review.”;
(d) in paragraph (7)(a)22, before “Tribunal” insert “Upper”.
19. In rule 45 (Upper Tribunal’s consideration of application for permission to appeal), in paragraphs (3) and (4), for “send” substitute “provide”.
20. In rule 4823(power to treat an application as a different type of application”, before “Tribunal” insert “Upper”.
21. In schedule 224(additional procedure in national security certificate cases)—
(a) in paragraph 10(c), before “Tribunal must” insert “Upper”;
(b) in paragraph 11(b), before “Tribunal” insert “Upper”.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
22. The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 200825are amended as follows.
23. In rule 5 (case management powers), after paragraph (3)(a) insert—
“(aa)
“(aa) extend the time within which an appeal must be brought under regulation 28(1) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 200326”
24. In rule 1927(confidentiality in child support or child fund cases) in paragraph (2), for sub-paragraphs (a) – (c) substitute—
“(a)
“(a) in the notice of appeal or when notifying the Secretary of State or the Tribunal of any subsequent change of address; or
(b)
(b) within 14 days after an enquiry is made by the recipient of the notice of appeal or the notification referred to in sub-paragraph (a).”
25. In rule 2228(cases in which the notice of...
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