The Tribunal Procedure (Amendment) Rules 2011

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Tribunal Procedure Rules applied by the First-tier Tribunal and Upper Tribunal. Apart from minor amendments which maintain the commonality of the drafting, the changes are as follows.

Rule 3 is about the Health, Education and Social Care Chamber (HESC). It simplifies the rules and the Schedule about time limits which apply in HESC cases. Rule 3 also makes textual amendments to take account of the coming into force of the Children and Families (Wales) Measure 2010 (2010 nawm 1). Rule 3(3) provides that a typed signature instead of a handwritten signature is permissible where applications or references are filed by email.

Rule 4 is about the Social Entitlement Chamber. In criminal injuries compensation cases the time limit for a response becomes 42 days.

Rule 6 is about the War Pensions and Armed Forces Compensation Chamber. It extends the time limit for all appeals under the Pensions Appeal Tribunals Act 1943 (c. 39) to 12 months.

Rule 8 is about the Upper Tribunal. Rule 8(2) amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I 2008/2698) to take account of appeal rights introduced by the Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 (S.I 2010/2220). Rule 8(3) gives the Upper Tribunal a discretion to allow a respondent to take part in a permission application for judicial review even if they have not filed an acknowledgement of service.

A regulatory impact assessment has not been prepared for these Rules as no impact on the public, private or voluntary sectors is foreseen.