PART 3Proceedings before the Tribunal other than in mental health cases
CHAPTER 1Before the hearing
The application notice20
F11
If rule 19 (application for leave) does not apply, an applicant must start proceedings before the Tribunal by sending or delivering an application notice to the Tribunal so that, unless paragraph (1A) F5or (1B) applies, it is received—
a
if the time for providing the application notice is specified in another enactment, in accordance with that enactment;
b
in a case under the Suspension Regulations, within 10 working days after written notice of the decision being challenged was sent to the applicant;
c
F3in a special educational needs case—
i
within 2 months after written notice of the decision being challenged was sent to the applicant; or
ii
within 1 month from the date of issue of the mediation certificate if that date would be a later date than the date calculated by reference to paragraph (i);
d
in a case listed in the Schedule, within 3 months after written notice of the decision being challenged was sent to the applicant;
e
in any other case, within 28 days after written notice of the decision being challenged was sent to the applicant.
F21A
Where, in a health service case, the Tribunal has contingently removed a practitioner or performer from a list, an application may be made at any time if it is made under—
a
section 158(5)(a) of the National Health Service Act 2006;
b
section 114(5)(a) of the National Health Service (Wales) Act 2006;
c
regulation 15(6)(a) of the National Health Service (Performers Lists) Regulations 2004; or
d
regulation 15(6)(a) of the National Health Service (Performers Lists) (Wales) Regulations 2004.
F61B
An application under section 127(5) of the Education and Skills Act 2008 may be made at any time when the relevant restriction has effect.
2
The application notice must be signed by the applicant and must include—
a
the name and address of the applicant;
b
the name and address of the applicant's representative (if any);
c
an address where documents for the applicant may be sent or delivered;
d
the name and address of any respondent;
e
details of the decision or act, or failure to decide or act, to which the proceedings relate;
f
the result the applicant is seeking;
g
the grounds on which the applicant relies; and
h
any further information or documents required by an applicable practice direction.
F43
The applicant must send with the application notice—
a
a copy of any written record of any decision under challenge,
b
any statement of reasons for that decision that the applicant has or can reasonably obtain, and
c
in a special educational needs case to which section 55(3) of the Children and Families Act 2014 (cases in which an appeal may be made only if a mediation certificate has been issued) applies, a copy of any certificate issued under subsection (4) or (5) of that section, as the case may be.
4
If the applicant provides the application notice to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time)—
a
the application notice must include a request for an extension of time and the reason why the application notice was not provided in time; and
b
unless the Tribunal extends time for the application notice under rule 5(3)(a) (power to extend time) the Tribunal must not admit the application notice.
5
In proceedings under Suspension Regulations, the applicant must send or deliver a copy of the application notice and any accompanying documents to the respondent at the same time as it provides the application notice to the Tribunal.
6
In proceedings other than proceedings under paragraph (5), when the Tribunal receives the application notice it must send a copy of the application notice and any accompanying documents to each other party.