The Tribunal Procedure (Upper Tribunal) Rules 2008

Changes over time for: PART 6

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Changes to legislation:

The Tribunal Procedure (Upper Tribunal) Rules 2008, PART 6 is up to date with all changes known to be in force on or before 28 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 5 inserted by S.I. 2024/588 rule 2(5)
rule 1(2A) inserted by S.I. 2024/588 rule 2(2)(a)
rule 26D inserted by S.I. 2024/588 rule 2(4)

PART 6Decisions

Consent orders

39.—(1) The Upper Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the [F1Upper] Tribunal need not hold a hearing before making an order under paragraph (1)F2....

Textual Amendments

F1Word in rule 39(2) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 15

F2Words in rule 39(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 20

Decisions

40.—(1) The Upper Tribunal may give a decision orally at a hearing.

[F3(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.]

(2) [F4Except where [F5rule 22 (decision in relation to permission to appeal) F6...] applies,] F7... the Upper Tribunal must provide to each party as soon as reasonably practicable after making [F8a decision (other than a decision under Part 7) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)]—

(a)a decision notice stating the [F9Upper] Tribunal's decision; and

(b)notification of any rights of review or appeal against the decision and the time and manner in which such rights of review or appeal may be exercised.

(3) [F10Subject to rule [F1114(11) (prevention of disclosure or publication of documents and information)],] the Upper Tribunal must provide written reasons for its decision with a decision notice provided under paragraph (2)(a) unless—

(a)the decision was made with the consent of the parties; or

(b)the parties have consented to the Upper Tribunal not giving written reasons.

(4) The [F12Upper] Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

[F13(5) In a national security certificate appeal, when the Upper Tribunal provides a notice or reasons to the parties under this rule, it must also provide the notice or reasons to the relevant Minister and the Information Commissioner, if they are not parties.]

Textual Amendments

F3Rule 40(1A)(1B) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 16

F4Words in rule 40(2) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 19

F5Words in rule 40(2) substituted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(b), 14

F6Words in art. 40(2) omitted (25.12.2023) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 3(4)

F7Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)

F8Words in rule 40(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(a)

F9Word in rule 40(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(b)

F10Words in rule 40(3) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(b)

F11Words in rule 40(3) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(a)

F12Word in rule 40(4) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(b)

F13Rule 40(5) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 13