PART 6

Miscellaneous

Tribunal charging power in respect of wasted resources
80
1
After section 25 of the Tribunals, Courts and Enforcement Act 2007 insert—

First-tier Tribunal and Upper Tribunal: charging power in respect of wasted resources
25A
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.
2
In Schedule 5 to that Act (procedure in First-tier Tribunal and Upper Tribunal), after paragraph 11 insert—

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.
S. 80 not in force at Royal Assent, see s. 87(1)