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PART 3Proceedings before the Tribunal

CHAPTER 1Before the hearing – cases other than charities cases [F1or certification cases]

Textual Amendments

Application of this Chapter

21.  This Chapter applies to cases other than charities cases [F2or certification cases (to which rule 7A applies)].

Textual Amendments

The notice of appeal

22.—(1) An appellant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of appeal so that it is received—

(a)[F3if a time for providing the notice of appeal is set out in paragraph (6), within that time];

(b)otherwise, within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant.

[F4(1A) The time limit in paragraph (1)(b) does not apply to—

(a)the laying before the Tribunal by the Immigration Services Commissioner of a disciplinary charge under paragraph 9(1)(e) of Schedule 5 to the Immigration and Asylum Act 1999; or

(b)an application by the Immigration Services Commissioner for suspension of a person’s registration under paragraph 4B(1) of Schedule 6 to that Act.]

(2) The notice of appeal must include—

(a)the name and address of the appellant;

(b)the name and address of the appellant's representative (if any);

(c)an address where documents for the appellant 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 appellant is seeking;

(g)the grounds on which the appellant relies; and

(h)any further information or documents required by a practice direction.

[F5(2A) If the proceedings are an application under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), the appellant must provide with the notice of appeal copies of—

(a)the complaint made to the Information Commissioner, and

(b)any information provided by the Information Commissioner to the appellant about progress on the complaint or of the outcome of the complaint.]

(3) If the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the appellant has or can reasonably obtain.

[F6(3A) If the appeal is brought under section 141 or 337(1) of the Gambling Act 2005, the appellant must provide with the notice of appeal any fee payable to the Tribunal.]

(4) If the appellant provides the notice of appeal 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 notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b)unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.

(5) When the Tribunal receives the notice of appeal, [F7subject to rule 19(1A) (national security appeals)], it must send a copy of the notice of appeal and any accompanying documents to each respondent.

[F8(6) The time for providing the notice of appeal referred to in paragraph (1)(a) is as follows—

(a)in an appeal against a refusal or revocation of a licence to give driving instruction, within 14 days of the date on which notice of the decision was sent to the appellant;

(b)in an appeal under section 28(4) of the Data Protection Act 1998[F9, sections 27(3), 79(5) or 111(3) of the Data Protection Act 2018] or section 60(1) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), at any time during the currency of the disputed certificate to which it relates;

(c)in an appeal under section 28(6) of the Data Protection Act 1998[F10, sections 27(5), 79(7) or 111(5) of the Data Protection Act 2018] or section 60(4) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), within 28 days of the date on which the claim was made that the certificate applies to the information or data in question;

[F11(cc)in an appeal under section 57(4) of the Freedom of Information Act 2000 as it applies by reason of regulation 19 of the Re-use of Public Sector Information Regulations 2015, within 28 days of the latest date by which the public sector body is required to comply with section 50(4) of that Act.]

(d) in the case of a reference from an ethical standards officer made in accordance with sections 63(3)(b) or section 65(4) of the Local Government Act 2000( a ), within 28 days of the completion of the report made in accordance with sections 63(3)(a) and 65(1) of that Act; F12...

(e)in the case of a reference from a Standards Committee under the Local Government Act 2000 within 28 days of the meeting which decided to make such a reference[F13; or]]

[F14(f)in the case of an application under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), within 28 days of the expiry of six months from the date on which the Commissioner received the complaint.]

[F15(g)in an appeal against a decision of the REACH Agency, within 90 days of the date on which the appellant was first notified, or otherwise became aware, of the decision;]

[F16(h)in an appeal against an agricultural product or foodstuff decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as incorporated into domestic law by section 3(1) of the EUWA;

(i)in an appeal against an aromatised wine decision, within 28 days beginning with the day on which on which notice of the decision is published by the Secretary of State under Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products as incorporated into domestic law by section 3(1) of the EUWA;]

[F17(j)in an appeal against a PDO or PGI wine decision, within 28 days of the date on which the decision was published;]

[F18(k)in an appeal against a spirit drink decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages as incorporated into domestic law by section 3(1) of the EUWA;

(l)in an appeal against a traditional term wine decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation as incorporated into domestic law by section 3(1) of the EUWA.]

[F19(7) In this rule—

“agricultural product or foodstuff decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B to Regulation (EU) No 1151/2012 of the European Parliament and of the Council;

“aromatised wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 2B to Regulation (EU) No 251/2014 of the European Parliament and of the Council;

“EUWA” means the European Union (Withdrawal) Act 2018;

“spirit drink decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 to Regulation (EU) 2019/787 of the European Parliament and of the Council;

“traditional term wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex A2 to Commission Delegated Regulation (EU) 2019/33.]

Textual Amendments

F3Words in rule 22(1)(a) substituted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 27(a)

F12Word in rule 22(6)(d) omitted (30.10.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(3)(b)(iii)

Modifications etc. (not altering text)

The response

23.—(1) Each respondent must send or deliver to the Tribunal a response to the notice of appeal so that it is received—

(a)in a transport case, within 14 days after the date on which the respondent received the notice of appeal;

(b)otherwise, within 28 days after the date on which the respondent received the notice of appeal.

(2) The response must include—

(a)the name and address of the respondent;

(b)the name and address of the respondent's representative (if any);

(c)an address where documents for the respondent may be sent or delivered;

(d)any further information or documents required by a practice direction or direction; and

(e)whether the respondent would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate.

(3) The response must include a statement as to whether the respondent opposes the appellant's case and, if so, any grounds for such opposition which are not contained in another document provided with the response.

(4) If the proceedings challenge a decision, the respondent must provide with the response a copy of any written record of that decision, and any statement of reasons for that decision, that the appellant did not provide with the notice of appeal and the respondent has or can reasonably obtain.

(5) If the respondent provides the response 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), the response must include a request for an extension of time and the reason why the response was not provided in time.

(6) In a transport case, the Tribunal must send a copy of the response and any accompanying documents to each other party.

(7) In any other case, the respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

Appellant's reply

24.—(1) The appellant may make a written submission and provide further documents in reply to a response.

(2) Any reply and accompanying documents provided under paragraph (1) must be sent or delivered to the Tribunal within 14 days after the date on which the respondent or the Tribunal sent the response to the appellant.

(3) If the appellant provides the reply to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time) the reply must include a request for an extension of time and the reason why the reply was not provided in time.

(4) In a transport case, the Tribunal must send a copy of any reply and any accompanying documents to each other party.

(5) In any other case, the appellant must send or deliver a copy of any reply and any accompanying documents to each other party at the same time as it provides the reply to the Tribunal.

CHAPTER 2Before the hearing – charities cases

Application of this Chapter

25.  This Chapter applies to charities cases.

[F20Application for an authorised costs order

25A.—(1) This rule applies to an application by a charity or charity trustees of a charity for an order under section 324A (power to authorise costs to be incurred in relation to proceedings) of the Charities Act 2011 (“authorised costs order”).

(2) An applicant for an authorised costs order must start proceedings before the Tribunal by sending or delivering to the Tribunal an application which 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 basis on which the applicant has standing to start proceedings before the Tribunal;

(e)the name and address of any respondent and any other interested party in the proceedings to which the application relates;

(f)details of the proceedings brought, or proposed to be brought, before the Tribunal to which the application relates;

(g)the result the applicant is seeking;

(h)the grounds on which the applicant relies;

(i)whether the applicant wants the application to be determined at a hearing; and

(j)any further information or documents required by a practice direction.

(3) The applicant must send or deliver a copy of the application (but need not send the further information or documents referred to in paragraph (2)(j)) to the respondent and any other interested party in the proceedings to which the application relates at the same time as it provides the application to the Tribunal.

(4) In this rule, references to “charity” and “charity trustees” have the meanings given by the Charities Act 2011.]

Textual Amendments

The notice of appeal

26.—(1) An appellant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of appeal so that it is received—

(a)if the appellant was the subject of the decision to which the proceedings relate, within 42 days of the date on which notice of the decision was sent to the appellant; or

(b)if the appellant was not the subject of the decision to which the proceedings relate, within 42 days of the date on which the decision was published.

(2) The notice of appeal must include—

(a)the name and address of the appellant;

(b)the name and address of the appellant's representative (if any);

(c)an address where documents for the appellant may be sent or delivered;

(d)the basis on which the appellant has standing to start proceedings before the Tribunal;

(e)the name and address of any respondent;

(f)details of the decision or act, or failure to decide or act, to which the proceedings relate;

(g)the result the appellant is seeking;

(h)the grounds on which the appellant relies; and

(i)any further information or documents required by a practice direction.

(3) If the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the appellant has or can reasonably obtain.

(4) If the notice of appeal relates to a reference under [F21section 325 or 326 of the Charities Act 2011]—

(a)if the appellant is the Charity Commission, it must send evidence of the Attorney General's consent to the reference with the notice of appeal; and

(b)on receiving the notice of appeal the Tribunal must publish details of the reference and information as to how a person likely to be affected by the reference can apply to be added as a party to the proceedings.

(5) If the appellant provides the notice of appeal 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 notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b)unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.

(6) The appellant must send or deliver a copy of the notice of appeal and any accompanying documents to the respondent at the same time as it provides the notice of appeal to the Tribunal.

Textual Amendments

The response

27.—(1) The respondent must send or deliver to the Tribunal a response to the notice of appeal so that it is received within 28 days after the date on which the respondent received the notice of appeal.

(2) The response must include—

(a)the name and address of the respondent;

(b)the name and address of the respondent's representative (if any);

(c)an address where documents for the respondent may be sent or delivered;

(d)any further information or documents required by a practice direction or direction; and

(e)whether the respondent would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate.

(3) The response must include a statement as to whether the respondent opposes the appellant's case and, if so, any grounds for such opposition which are not contained in another document provided with the response.

(4) If the proceedings challenge a decision, the respondent must provide with the response a copy of any written record of that decision, and any statement of reasons for that decision, that the appellant did not provide with the notice of appeal and the respondent has or can reasonably obtain.

(5) If the proceedings challenge a decision, the respondent must provide with the response a list of—

(a)the documents relied upon by the respondent when reaching the decision; and

(b)any other documents which the respondent considers could adversely affect its case or support the appellant's case.

(6) If the respondent provides the response 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), the response must include a request for an extension of time and the reason why the response was not provided in time.

(7) The respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

Appellant's reply

28.—(1) The appellant may send or deliver to the Tribunal a reply to the respondent's response and any additional documents relied upon by the appellant.

(2) Any reply must be sent or delivered to the Tribunal so that it is received within 28 days after the date on which the respondent sent the response to the appellant.

(3) If the appellant provides a reply to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time) the reply must include a request for an extension of time and the reason why the reply was not provided in time.

(4) The appellant may provide with the reply a list of documents on which the appellant relies in support of the appeal or application, and which—

(a)the appellant did not provide with the notice of appeal; and

(b)the respondent did not include in any list of documents provided under rule 27(5).

(5) The appellant must send or deliver a copy of any reply and any accompanying documents to each respondent at the same time as it provides the reply to the Tribunal.

Secondary disclosure by the respondent

29.—(1) If the appellant provides a reply under rule 28, the respondent must send or deliver to the Tribunal, so that it is received within 14 days after the date on which the respondent received the appellant's reply, a list of any further material which—

(a)might reasonably be expected to assist that appellant's case as disclosed by that appellant's reply; and.

(b)was not included in a list of documents provided by the respondent with the response.

(2) If the respondent provides the list 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), the response must include a request for an extension of time and the reason why the response was not provided in time.

(3) The respondent must send or deliver a copy of the list to each other party at the same time as it provides the response to the Tribunal.

Provision of copy documents

30.—(1) If a party has provided a list of documents under rule 27, 28 or 29, that party must within 7 days of receiving a request from another party—

(a)provide that other party with a copy of any document specified in the list; or

(b)make such document available to that party to read or copy.

Involvement of the Attorney General under [F22section 318 of the Charities Act 2011]

31.—(1) If the Tribunal directs that all the necessary papers in proceedings be sent to the Attorney General under [F23section 318(2) and (3) of the Charities Act 2011], the Attorney General must notify the Tribunal whether the Attorney General intends to intervene in the proceedings within 28 days of receiving the papers.

(2) The Attorney General may at any time notify the Tribunal that the Attorney General intends to intervene in the proceedings on the Attorney General's own initiative.

(3) If the Tribunal requests that the Attorney General argue a question in relation to the proceedings under [F24section 318(4)(b) of the Charities Act 2011], the Tribunal must provide to the Attorney General—

(a)a statement of the question;

(b)an account of the proceedings to date;

(c)the reasons the Tribunal considers it necessary to have the question fully argued; and

(d)copies of the documents the Tribunal considers necessary to enable the Attorney General to decide whether it is appropriate to argue the question.

(4) If the Attorney General notifies the Tribunal that the Attorney General intends to intervene in, or to argue a question in relation to, proceedings under [F25section 318(4) of the Charities Act 2011], the Tribunal must hold a case management hearing.

Textual Amendments

CHAPTER 3Hearings

Decision with or without a hearing

32.—(1) Subject to paragraphs [F26(1A),] (2) and (3), the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

(a)each party has consented to the matter being determined without a hearing; and

(b)the Tribunal is satisfied that it can properly determine the issues without a hearing.

[F27(1A) The Tribunal may dispose of an application under rule 25A (application for an authorised costs order) without a hearing if the Tribunal is satisfied that it can properly determine the issues without a hearing.]

(2) This rule does not apply to a decision under Part 4 (correcting, setting aside, reviewing and appealing Tribunal decisions).

(3) The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party's case).

(4) Notwithstanding any other provision in these Rules, if the Tribunal holds a hearing to consider a preliminary issue, and following the disposal of that preliminary issue no further issue remains to be determined, the Tribunal may dispose of the proceedings without holding any further hearing.

Textual Amendments

Entitlement to attend and take part in a hearing

33.—(1) Subject to rule 35(4) (exclusion of a person from a hearing) each party is entitled to—

(a)attend any hearing that is held; and

(b)send written representations to the Tribunal and each other party prior to the hearing.

(2) The Tribunal may give a direction permitting or requesting any person to—

(a)attend and take part in a hearing to such extent as the Tribunal considers proper; or

(b)make written submissions in relation to a particular issue.

Notice of hearings

34.—(1) The Tribunal must give each person entitled, permitted or requested to attend a hearing (including any adjourned or postponed hearing) reasonable notice of the time and place of the hearing and any changes to the time and place of the hearing.

(2) The period of notice under paragraph (1) in relation to a hearing to consider disposal of the proceedings must be at least 14 days, except that the Tribunal may give shorter notice—

(a)with the parties' consent; or

(b)in urgent or exceptional circumstances.

Public and private hearings

35.—(1) Subject to the following paragraphs, all hearings must be held in public.

(2) The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

[F28(2A) Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a)the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b)it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(c)a media representative is not able to access the proceedings remotely while they are taking place; and

(d)such a direction is necessary to secure the proper administration of justice.]

(3) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(4) The Tribunal may give a direction excluding from any hearing, or part of it—

(a)any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b)any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c)any person who the Tribunal considers should be excluded in order to give effect to the requirement at rule 14(10) (prevention of disclosure or publication of documents and information); or

(d)any person where the purpose of the hearing would be defeated by the attendance of that person.

(5) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Textual Amendments

[F29Coronavirus temporary rule (recording of remote hearings)

35A.—(1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

(2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

(3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

(a)held in private under rule 35(2A); or

(b)only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.]

[F30(4)  On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.]

Textual Amendments

Hearings in a party's absence

36.  If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a)is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b)considers that it is in the interests of justice to proceed with the hearing.

CHAPTER 4Decisions

Consent orders

37.—(1) The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.

Decisions

38.—(1) The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 14(10) (prevention of disclosure or publication of documents and information), the Tribunal must provide to each party as soon as reasonably practicable after making [F31a decision (other than a decision under Part 4) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)]—

(a)a decision notice stating the Tribunal's decision;

(b)written reasons for the decision; and

(c)notification of any right of appeal against the decision and the time within which, and manner in which, such right of appeal may be exercised.

(3) The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

Textual Amendments

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