The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

JurisdictionUK Non-devolved
CitationSI 2009/1976
Year2009
(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and come into force on 1st September 2009.(2) These Rules apply to proceedings before the General Regulatory Chamber of the First-tier Tribunal F65, including where the Tribunal exercises its jurisdiction under section 61(4) of the Freedom of Information Act 2000 and section 202(2) of the Data Protection Act 2018.(3) In these Rules—
  • the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
  • appellant” means a person who—
    • (a) commences Tribunal proceedings, whether by making an appeal, an application, a claim, a complaint, a reference or otherwise; or
    • (b) is added or substituted as an appellant under rule 9 (addition, substitution and removal of parties) ;
  • F66“certification case” means a case in which the Tribunal may certify an offence to the Upper Tribunal under section 61(4) of the Freedom of Information Act 2000 or section 202(2) of the Data Protection Act 2018;
  • charities case” means an appeal or application in respect of a decision, order or direction of the Charity Commission, or a reference under Schedule 1D of the Charities Act 1993;
  • document” means anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
  • ...
  • hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
  • notice of appeal” means a document which starts proceedings;
  • party” means—
    • (a) a person who is an appellant or a respondent;
    • (b) if the proceedings have been concluded, a person who was an appellant or a respondent when the Tribunal finally disposed of all issues in the proceedings;
  • F78PDO or PGI wine decision” means a decision of the Secretary of State to approve or reject an application made under Article 94 of Regulation 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products for protection of a wine name as a designation of origin or geographical indication;
  • practice direction” means a direction given under section 23 of the 2007 Act;
  • F79REACH Agency” means the “Agency” as defined in Article 3(18) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) , establishing a European Chemicals Agency;
  • respondent” means—
    • (a) in proceedings appealing against or challenging a decision, direction or order, the person who made the decision, direction or order appealed against or challenged;
    • (b) a person against whom an appellant otherwise brings proceedings; or
    • (c) a person added or substituted as a respondent under rule 9 (addition, substitution and removal of parties) ;
  • transport case” means proceedings under the Road Traffic Act 1988 , the Road Traffic Offenders Act 1988 , the Greater London Authority Act 1999 , the Postal Services Act 2000 , the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 F53, the European Communities (Recognition of Professional Qualifications) Regulations 2007 and the European Union (Recognition of Professional Qualifications) Regulations 2015;
  • Tribunal” means the First-tier Tribunal.
(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;avoiding unnecessary formality and seeking flexibility in the proceedings;ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;using any special expertise of the Tribunal effectively; andavoiding delay, so far as compatible with proper consideration of the issues.exercises any power under these Rules; orinterprets any rule or practice direction.help the Tribunal to further the overriding objective; andco-operate with the Tribunal generally.to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; andif the parties wish, and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.(2) Part 1 of the Arbitration Act 1996 (1) Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) F72or section 2(1) of the Courts Act 2003 (court officers, staff and services) may, F73if authorised by the Senior President of Tribunals F74under paragraph 3(3) of Schedule 5 to the 2007 Act, carry out functions of a judicial nature permitted or required to be done by the Tribunal.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) Within 14 days after the date that the Tribunal sends notice of a decision made by a member of staff (1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.extend or shorten the time for complying with any rule, practice direction or direction, unless such extension or shortening would conflict with a provision of another enactment containing a time limit;consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case (whether under rule 18 or otherwise) ;permit or require a party to amend a document;permit or require a party or another person to provide documents, information or submissions to the Tribunal or a party;deal with an issue in the proceedings as a preliminary issue;hold a hearing to consider any matter, including a case management issue;decide the form of any hearing;adjourn or postpone a hearing;require a party to produce a bundle for a hearing;stay (or, in Scotland, sist) proceedings;because of a change of circumstances since the proceedings were started, the Tribunal no longer has jurisdiction in relation to the proceedings; orthe Tribunal considers

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