The Tribunal Procedure (Amendment No. 2) Rules 2009

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

14.  After rule 20 (power to pay expenses and allowances) insert—

“Procedure for applying for a stay of a decision pending an appeal

20A.— (1) This rule applies where another enactment provides in any terms for the Upper Tribunal to stay or suspend, or to lift a stay or suspension of, a decision which is or may be the subject of an appeal to the Upper Tribunal (“the substantive decision”) pending such appeal.

(2) A person who wishes the Upper Tribunal to decide whether the substantive decision should be stayed or suspended must make a written application to the Upper Tribunal which must include—

(a) the name and address of the person making the application;

(b) the name and address of any representative of that person;

(c) the address to which documents for that person should be sent or delivered;

(d) the name and address of any person who will be a respondent to the appeal;

(e) details of the substantive decision and any decision as to when that decision is to take effect, and copies of any written record of, or reasons for, those decisions; and

(f) the grounds on which the person making the application relies.

(3) In the case of an application under paragraph (2) for a stay of a decision of a traffic commissioner—

(a) the person making the application must notify the traffic commissioner when making the application;

(b) within 7 days of receiving notification of the application the traffic commissioner must send or deliver written reasons for refusing or withdrawing the stay—

(i) to the Upper Tribunal; and

(ii) to the person making the application, if the traffic commissioner has not already done so.

(4) If the Upper Tribunal grants a stay or suspension following an application under this rule—

(a) the Upper Tribunal may give directions as to the conduct of the appeal of the substantive decision; and

(b) the Upper Tribunal may, where appropriate, grant the stay or suspension subject to conditions.

(5) Unless the Upper Tribunal considers that there is good reason not to do so, the Upper Tribunal must send written notice of any decision made under this rule to each party.”.