The Tribunal Procedure (Amendment No. 2) Rules 2023

Explanatory Note

(This note is not part of the Rules)

These Rules amend the tribunal procedure rules that apply in some of the chambers of the First-tier Tribunal and the Upper Tribunal.

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (S.I. 2008/2686) (“WPAFCC Rules”) to clarify the period within which a party in receipt of a copy of an application for directions may make representations to the Tribunal, and to correct a missed consequential amendment to rule 21 (notice of appeal), following amendments made to this rule by the Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327) (“2023 Amendment Rules”), to allow appeals to this chamber to be lodged directly with the Tribunal.

Rule 3 amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) (“Upper Tribunal Rules”) to omit rule 22A (special procedure for providing notice of a refusal of permission to appeal in an asylum case) to restore the requirement under rule 22 of those rules for the Upper Tribunal to serve a copy of its decision to refuse permission to appeal in an asylum case on the appellant. Rule 3 also makes consequential amendments to rules 22(1) (decision in relation to permission to appeal) and rule 40(2) (decisions) of the Upper Tribunal Rules to omit references to rule 22A in those rules.

Rule 4 amends rule 13(1ZA) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) to provide that the Tribunal’s power to make an order in respect of costs where a person has acted unreasonably in bringing, defending or conducting proceedings does not apply to proceedings brought under Part 1 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure for residential tenants), Part 4 of the Rent Act 1977 (c. 42) (registration of rents under regulated tenancies) and paragraph 6(2) or 10(2) of Schedule 10 to the Local Government and Housing Act 1989 (c. 42) (security of tenure on ending of long residential tenancies). These are in addition to Part 5 of the Rent Act 1977 (rents under restricted contracts) and Part 1 of the Housing Act 1988 (c. 50) (assured tenancies, shorthold and non- shorthold) where this restriction already applies.

Rule 5 amends the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604) to clarify the time limits that apply to an appeal against a decision of the Home Office in relation to the EU Settlement Scheme that is also subject to an administrative review, where a decision on administrative review has been made, or the application for an administrative review has been withdrawn prior to a decision on administrative review having been determined.

Rule 6 amends rule 4(4)(b) of the 2023 Amendment Rules, which amended rule 22(2) (lapse of cases) of the WPAFCC Rules to replace “decision maker” with “Tribunal”, to correct a minor drafting error. Rule 22(2) of the WPAFCC Rules contains two references to decision maker and rule 6 amends rule 4(4)(b) of the 2023 Amendment Rules to specify that only the second reference to “decision maker” is to be replaced.

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.