The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012

Statutory Instruments

2012 No. 2890 (L. 11)

Tribunals And Inquiries

The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012

Made

13th November 2012

Laid before Parliament

19th November 2012

Coming into force

11th December 2012

The Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred on it by section 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007(1), having consulted in accordance with paragraph 28(1) of that Schedule.

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of that Schedule.

Citation and commencement

1.  These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012 and come into force on 11th December 2012.

Amendments to the Tribunal Procedure (Upper Tribunal) Procedure Rules 2008

2.  The Tribunal Procedure (Upper Tribunal) Rules 2008(2) are amended as follows.

3.  In rule 44 (application for permission to appeal)—

(a) at the beginning of paragraph (1) insert “Subject to paragraph (4A),”;

(b) after paragraph (4) insert—

“(4A) Where, in judicial review proceedings in the Immigration and Asylum Chamber of the Upper Tribunal, a decision is given orally at a hearing, a person may apply to the Tribunal for permission to appeal—

(a) orally at that hearing; or

(b) in writing, before the commencement or the expiry of the relevant period determined by reference to paragraph (4).”; and

(c) in paragraph (7) after “paragraph (1)” insert “or (4A)(a)”.

We make these Rules

Brian F J Langstaff

Philip Brook Smith QC

Simon Cox

Simon Ennals

Mark Rowland

Douglas J May QC

M J Reed

I allow these Rules,

Signed by the authority of the Lord Chancellor

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

13th November 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I.2008/2698).

Rule 3 applies to appeals against decisions in judicial review proceedings in the Immigration and Asylum Chamber of the Upper Tribunal. Where a decision of the Upper Tribunal in such proceedings is given orally at a hearing, rule 3 allows a person seeking permission from that Tribunal to appeal to the Court of Appeal, to make that application orally at that hearing or in writing.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2007 c.15

(2)

S.I. 2008/2698. Amendments to rule 44 have been made by S.I. 2009/274, S.I. 2010/44, S.I. 2010/747 and S.I. 2011/651.