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The Tribunal Procedure (Amendment) Rules 2018

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Statutory Instruments

2018 No. 511 (L. 7)

Tribunals And Inquiries

The Tribunal Procedure (Amendment) Rules 2018

Made

18th April 2018

Laid before Parliament

23rd April 2018

Coming into force in accordance with article 1

The Tribunal Procedure Committee makes the following Rules, in exercise of the powers conferred by section 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007(1), 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.

Citation and commencement

1.  These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2018 and come into force on the 21st day after the day on which they are laid.

Amendment to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

2.—(1) The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010(2) are amended as follows.

(2) In rule 10 (orders for costs)—

(a)at the end of paragraph (6)(e) omit “and”, and

(b)at the end of paragraph (6)(f) insert—

and,

(g)on any appeal from the First-tier Tribunal relating to—

(i)a reference by the Chief Land Registrar, or

(ii)any other application, matter or appeal under the Land Registration Act 2002(3).

Amendment to the Tribunal Procedure (Upper Tribunal) Rules 2008

3.  In rule 22 (decision in relation to permission to appeal) of the Tribunal Procedure (Upper Tribunal) Rules 2008(4) omit paragraph (3)(a)(iib).

Amendment to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

4.—(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014(5) are amended as follows.

(2) In rule 33(2) and rule 33(3)—

(a)for “provided” the first time it is used, substitute “sent”, and

(b)for “provided with”, substitute “sent the”.

We make these Rules

Peter Roth

Philip Brook Smith QC

Christine Martin

Donald Ferguson

Michael Reed

Jane Shillaker

16th April 2018

I allow these Rules

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

18th April 2018

EXPLANATORY NOTE

(This note is not part of the Rules)

Rules 2 and 3 amend the rules of procedure which apply in certain chambers of the Upper Tribunal. These changes are consequential on changes made by the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2018 (S.I. 2018/509) in respect of allocation of proceedings between chambers of the Upper Tribunal. That Order provides that appeals from decisions of the Property Chamber of the First-tier Tribunal relating to a reference by the Chief Land Registrar or any other application, matter or appeal under the Land Registration Act 2002 (c. 9) shall be determined by the Lands Chamber of the Upper Tribunal rather than by the Tax and Chancery Chamber of the Upper Tribunal.

Rule 2 amends rule 10 (orders for costs) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2600) so as to provide for these types of cases now falling under the remit of the Lands Chamber to be covered by the costs provisions for that Chamber.

Rule 3 amends rule 22 (permission to appeal) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) so as to remove reference to these types of cases, as they are now determined by the Lands Chamber of the Upper Tribunal and are therefore covered by the appeal provisions in rule 21 of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010.

Rule 4 amends rule 33 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 in respect of applications for permission to appeal, in order to clarify that the time period for an application to be sent to the Tribunal is calculated by reference to the date on which the written reasons for the decision are sent to the party making the application.

No impact assessment has been carried out for these amendments as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2007 c. 15. There are amendments to the Act but none are relevant to this instrument.

(2)

S.I. 2010/2600, amended by S.I. 2012/500, 2013/1188, 2014/514 and 2017/1168. Rule 10(6)(e) and (f) were inserted by rule 24 of S.I. 2017/1168.

(3)

2002 c. 9. There are amendments to the Act but none are relevant to this instrument.

(4)

S.I. 2008/2698. Rule 22 was amended by S.I. 2009/274, 2009/1975, 2014/514, 2014/1505 and 2014/2128. Rule 22(3)(a)(iib) was inserted by rule 8(b) of S.I. 2014/514. There are other amendments to S.I. 2008/2698 but none are relevant to this instrument.

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