The Tribunal Procedure (Amendment) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the rules of procedure which apply in certain chambers of the First-tier Tribunal and Upper Tribunal. They update those rules of procedure to reflect recent changes in primary legislation.

Rule 20 of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (“the 2008 Rules”) (S.I. 2008/2699) provides the time limit for sending an application notice to the First-tier Tribunal. For cases listed in the Schedule to the 2008 Rules, it says the time limit is three months from the date written notice of the decision being challenged was sent to the applicant. Rule 2 amends the Schedule to the 2008 Rules to omit the entry for an appeal against a refusal to register a person as a social worker under section 68 of the Care Standards Act 2000 (c. 14). This amendment is consequential on the repeal of that section by the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

Rules 3 and 4 amend the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) to reflect the conferral of further jurisdiction by the Housing and Planning Act 2016 (c. 22).

Rules 5 to 13 amend the Tribunal Procedure (Upper Tribunal) Rules 2008 to introduce a procedure for the new appeal for financial sanctions cases in Part 8 of the Policing and Crime Act 2017 (c. 3) and make related provision.

Rule 14 is a saving provision that the amendment made by rule 2 does not apply to appeals made before 3 April 2017.

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