The Tribunal Procedure (Amendment No. 2) Rules 2022

EXPLANATORY NOTE

(This note is not part of the Rules)

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) (“the GRC Rules”) and Rule 5 amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) to correct cross-referencing to reflect legislative changes and to introduce provisions for applications for authorised cost orders to be made under section 324A (power to authorise costs to be incurred in relation to proceedings) of the Charities Act 2011 (c. 25) to the Tribunal and the Upper Tribunal, respectively. Rule 2(7) amends Rule 32 (decision with or without a hearing) of the GRC Rules to permit such proceedings to be disposed of without a hearing where appropriate.

Rule 3 amends Rule 37(1) (time and place of hearings) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) to extend the period within which the Tribunal is required to list proceedings made under section 66(1)(a) of the Mental Health Act 1983 (c. 20) from 7 days to 10 days after the date the Tribunal receives an application notice.

Rule 4 amends the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169).

Rule 4(2) and (4) introduce provisions to allow the Tribunal to dispose of applications made under paragraph 27D of Part 4A (code rights in respect of land connected to leased premises: unresponsive occupiers) of Schedule 3A to the Communications Act 2003 (c. 21) to the Tribunal without a hearing after giving 14 days’ notice.

Rule 4(3) amends Rule 13 (orders for costs, reimbursement of fees and interest on costs) to provide the Tribunal the power to make unreasonable cost orders as a default for all jurisdictions. The amendments preserve the existing position in relation to costs in proceedings under Part 5 of the Rent Act 1977 (c. 42) and Part 1 of the Housing Act 1988 (c. 50), by expressly exempting unreasonable cost orders from being awarded in such proceedings.

Part 7 of and Schedule 18 to the Environment Act 2021 (c. 30) introduces a legislative framework for conservation covenants. Conservation covenants allow landowners to set legally binding obligations on their land for themselves and subsequent owners to secure environmental benefits for the long term. Rule 6 amends the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2600) to introduce a new Part 6A, which makes provisions for applications to be made to the Lands Chamber of the Upper Tribunal under section 130 and 135 of the Environment Act 2021 for the discharge or modification of obligations under conservation covenants, and declarations about conservation covenants.

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.