SCHEDULES

SCHEDULE 5Procedure in First-tier Tribunal and Upper Tribunal

Part 3Making of Tribunal Procedure Rules by Tribunal Procedure Committee

28Process for making Rules

1

Before the Committee makes Rules, the Committee must—

a

consult such persons (including such of the Chamber Presidents) as it considers appropriate,

b

consult the Lord President of the Court of Session if the Rules contain provision relating to proceedings in Scotland, and

c

meet (unless it is inexpedient to do so).

2

Rules made by the Committee must be—

a

signed by a majority of the members of the Committee, and

b

submitted to the Lord Chancellor.

3

The Lord Chancellor may allow or disallow Rules so made.

4

If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so.

5

Rules so made and allowed—

a

come into force on such day as the Lord Chancellor directs, and

b

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

6

A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament.

7

In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.