The Tribunal Procedure (Amendment No. 2) Rules 2021

Statutory Instruments

2021 No. 1183 (L. 16)

Tribunals And Inquiries

The Tribunal Procedure (Amendment No. 2) Rules 2021

Made

21st October 2021

Laid before Parliament

26th October 2021

Coming into force

16th November 2021

The Tribunal Procedure Committee makes the following Rules, in exercise of the powers conferred by sections 22 and 29(3) of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007(1), having consulted in accordance with paragraph 28(1) of Schedule 5 to that Act.

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

Citation, commencement and extent

1.—(1) These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2021 and come into force on the twenty-first day after the day on which they are laid.

(2) Subject to paragraph (3), these Rules extend to England and Wales, Scotland and Northern Ireland.

(3) Rule 2 extends to England and Wales only.

Amendments to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

2.—(1) Rule 13(1) (orders for costs, reimbursement of fees and interest on costs) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013(2) is amended as follows.

(2) In sub-paragraph (d), for “which have been transferred from the Upper Tribunal” substitute—

“—

(i) under Part 4A (code rights in respect of land connected to leased premises: unresponsive occupiers); or

(ii) that have been transferred from the Upper Tribunal.”.

(3) In paragraph (1A), for “paragraph (1)(d)” substitute “paragraph (1)(d)(ii)”.

Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

3.—(1) Rule 10(4) (orders for costs) of the Tribunal Procedure (First-tier) (General Regulatory Chamber) Rules 2009(3) is amended as follows.

(2) At the end of sub-paragraph (a) omit “or”.

(3) At the end of sub-paragraph (b) omit the full stop and insert—

“; or

(c) notice under rule 17(8) that the proceedings have been treated as withdrawn.”.

We make these Rules

Peter Roth

Tim Fagg

Donald W Ferguson

Michael Reed

Susan Humble

Mark Loveday

Dr Elizabeth Stuart-Cole

Philip Brook Smith

TPC Members

18th October 2021

I allow these Rules

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

21st October 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) to allow for costs to be awarded in proceedings under Part 4A of Schedule 3A to the Communications Act 2003.

Rule 3 amends the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) to ensure that the time limit for making an application for a costs order applies in relation to a deemed withdrawal in the same way as it applies to a withdrawal which takes effect following a notice of withdrawal by a party.

No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.

(1)

2007 c. 15. There are amendments to the Act but none are relevant to this instrument.

(2)

S.I. 2013/1169, amended by S.I. 2019/925 and S.I. 2021/322.

(3)

S.I. 2009/1976, amended by S.I. 2013/477; there are other amending instruments but none is relevant.