25AFirst-tier Tribunal and Upper Tribunal: charging power in respect of wasted resources

1

If, in respect of proceedings before the First-tier Tribunal or Upper Tribunal, the Tribunal considers that—

a

a relevant participant has acted improperly, unreasonably or negligently, and

b

as a result, the Tribunal’s resources have been wasted,

it may charge the participant an amount under this section.

2

Subsection (1) is subject to Tribunal Procedure Rules.

3

For the purposes of this section “relevant participant”, in respect of proceedings, means—

a

any person exercising a right of audience or right to conduct the proceedings on behalf of a party to proceedings,

b

any employee of such a person, or

c

where the Secretary of State is a party to proceedings and has not instructed a person mentioned in paragraph (a) to act on their behalf in the proceedings, the Secretary of State.

4

A person may be found to have acted improperly, unreasonably or negligently for the purposes of subsection (1) by reason of having failed to act in a particular way.

5

The proceeds of amounts charged under this section must be paid into the Consolidated Fund.

Charges in respect of wasted resources

11A

1

Rules may make provision for regulating matters relating to the charging of amounts under section 25A (First-tier Tribunal and Upper Tribunal: power to charge in respect of wasted resources).

2

The provision mentioned in sub-paragraph (1) includes (in particular) provision prescribing scales of amounts that may be charged.