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The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
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Transfer of F1... cases to the Upper Tribunal
This section has no associated Explanatory Memorandum
19.—(1) This rule applies to charities cases [F2and proceedings under the Data Protection Act 1998 [F3, the Data Protection Act 2018] and the Freedom of Information Act 2000 (including those Acts as applied and modified by the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Environmental Information Regulations 2004)].
[F4(1A) On receiving a notice of appeal in an appeal under section 28 of the Data Protection Act 1998 [F5, sections 27, 79 or 111 of the Data Protection Act 2018] or section 60 of the Freedom of Information Act 2000 (including that section as applied and modified by regulation 18 of the Environmental Information Regulations 2004) (appeals in relation to national security certificates) the Tribunal must transfer the case to the Upper Tribunal without taking further action in relation to the appeal.]
(2) [F6In any other case,] the Tribunal may refer a case or a preliminary issue to the President of the General Regulatory Chamber [F7of the First-tier Tribunal] with a request that the case or issue be considered for transfer to the Upper Tribunal.
(3) If a case or issue has been referred by the Tribunal under paragraph (2), the President of the General Regulatory Chamber may, with the concurrence of the President of the appropriate Chamber of the Upper Tribunal, direct that the case or issue be transferred to and determined by the Upper Tribunal.
Textual Amendments
F1Words in rule 19 heading omitted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 24(a)
F2Words in rule 19(1) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 24(b)
F3Words in rule 19(1) inserted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(2)(a)
F4Rule 19(1A) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 24(c)
F5Words in rule 19(1A) inserted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(2)(b)
F6Words in rule 19(2) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 24(d)
F7Words in art. 19(2) inserted (1.4.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), arts. 1(2)(a), 2(3)
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