The Tribunal Procedure (Amendment) Rules 2021

JurisdictionUK Non-devolved
CitationSI 2021/322
Year2021

2021 No. 322 (L. 5)

Tribunals And Inquiries

The Tribunal Procedure (Amendment) Rules 2021

Made 14th March 2021

Laid before Parliament 16th March 2021

Coming into force 6th April 2021

The Tribunal Procedure Committee makes the following Rules, in exercise of the powers conferred by sections 22 and 29(3) 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.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2021 and come into force on the twenty-first day after the day on which they are laid.

(2) Subject to paragraph (3), these Rules extend to England and Wales, Scotland and Northern Ireland.

(3) Rule 4 extends to England and Wales only.

S-2 Amendment to the Tribunal Procedure (Upper Tribunal) Rules 2008

Amendment to the Tribunal Procedure (Upper Tribunal) Rules 2008

2. Omit rule 36A (special time limits for fast track cases) of the Tribunal Procedure (Upper Tribunal) Rules 20082.

S-3 Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

3.—(1) Rule 17 (withdrawal) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 20093is amended as follows.

(2) In paragraph (1) omit “and, in the case of a withdrawal of a reference from an ethical standards officer, to the provisions of regulation 5 of the Case Tribunals (England) Regulations 2008,”.

(3) In paragraph (5) for “this rule” substitute “paragraph (2)”.

(4) After paragraph (5) insert—

S-6

“6 The Tribunal must (save for good reason) treat the proceedings as withdrawn if the respondent provides notification in writing to the Tribunal and each other party that the decision or act to which the proceedings relate has been withdrawn or revoked, or that the respondent otherwise does not rely upon the decision or act.

S-7

7 For the purposes of paragraph (6) “decision or act” includes a direction or order, and means, where the proceedings relate to more than one decision or act, all of the decisions or acts.

S-8

8 The Tribunal must notify each party in writing that the proceedings have been treated as withdrawn under paragraph (6).

S-9

9 A party may apply to the Tribunal for proceedings which have been treated as withdrawn under paragraph (6) to be reinstated.

S-10

10 An application under paragraph (9) must be made in writing and be received by the Tribunal within 28 days after the date on which the Tribunal sent the notice under paragraph (8).”.

S-4 Amendments to the Tribunal Procedure (First-tier...

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