Citation, commencement and expiry

1. —(1) These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2020 and come into force on the twenty-first day after the day on which they are laid.

(2) Rules 2(4), 3(3), 4(3), 5(11), 6(3), 7(3), 8(3), 9(3) and 10(5) shall cease to have effect on the same day that, and immediately after, section 55(b) (public participation in proceedings conducted by video or audio) of the Coronavirus Act 2020( 2 ) expires for all purposes.

Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

2. —(1) The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008( 3 ) are amended as follows.

(2) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003( 4 ) (court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2).

(3) In rule 12 (calculating time)—

(a) in paragraph (3) omit “or a disability discrimination in schools case”;

(b) after paragraph (3) insert—

“ (3A) In a disability discrimination in schools case, the days from 25th December to 1st January inclusive and any day in August must not be counted when calculating the time by which any act must be done, other than the time for starting proceedings by providing the application notice to the Tribunal under rule 20 (the application notice). ” ;

(c) in paragraph (4), for “Paragraph (3)(b) does” substitute “Paragraphs (3)(b) and (3A) do”.

(4) In rule 26A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

3. —(1) The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008( 5 ) are amended as follows.

(2) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2).

(3) In rule 30A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

Amendments to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

4. —(1) The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008( 6 ) are amended as follows.

(2) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2).

(3) In rule 28A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

5. —(1) The Tribunal Procedure (Upper Tribunal) Rules 2008( 7 ) are amended as follows.

(2) In rule 1 (citation, commencement, application and interpretation) in paragraph (3)—

(a) omit the definition of “fast-track case”;

(b) in the definition of “immigration case”—

(i) after “2006” insert “, regulation 36 of the Immigration (European Economic Area) Regulations 2016 or the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020”;

(ii) omit “, or the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020”.

(3) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2).

(4) In rule 5 (case management powers) omit paragraph (4).

(5) In rule 17A (appeal treated as abandoned or finally determined in an asylum case or an immigration case) in paragraph (2) before “104(4)” insert “92(8),”.

(6) In rule 21 (application to the Upper Tribunal for permission to appeal) for sub-paragraph (aa) of paragraph (3) substitute—

“ (aa) in an asylum case or an immigration case where the appellant is in the United Kingdom at the time that the application is made, 14 days after the date on which notice of the First-tier Tribunal’s refusal of permission was sent to the appellant; ” .

(7) In rule 22A (special procedure for providing notice of a refusal of permission to appeal in an asylum case) in paragraph (1)—

(a) in sub-paragraph (a) at the end insert “and”;

(b) in sub-paragraph (b) for “; and” substitute a full stop;

(c) omit sub-paragraph (c).

(8) In rule 24 (response to the notice of appeal) in paragraph (2)—

(a) omit sub-paragraph (aa);

(b) in sub-paragraph (ab), at the end insert “or”.

(9) In rule 25 (appellant’s reply) for paragraph (2A) substitute—

“ (2A) In an asylum case or an immigration case, the time limit in paragraph (2) is one month after the date on which the Upper Tribunal sent a copy of the response to the appellant, or five days before the hearing of the appeal, whichever is the earlier. ” .

(10) In rule 36 (notice of hearings) in paragraph (2)—

(a) in sub-paragraph (a) at the end insert “and”;

(b) omit sub-paragraph (aa);

(c) in sub-paragraph (b) omit “in any case other than a fast-track case”.

(11) In rule 37A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Upper Tribunal in such manner as the Upper Tribunal may direct. ” .

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

6. —(1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009( 8 ) are amended as follows.

(2) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2);

(c) in paragraph (3) omit “pursuant to an approval”.

(3) In rule 35A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

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

7. —(1) The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009( 9 ) are amended as follows.

(2) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2);

(c) in paragraph (3) omit “pursuant to an approval”.

(3) In rule 32A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

Amendments to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

8. —(1) The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010( 10 ) are amended as follows.

(2) In rule 4 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2).

(3) In rule 48A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

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

9. —(1) The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013( 11 ) are amended as follows.

(2) In rule 5 (delegation to staff)—

(a) in paragraph (1)—

(i) before “may” insert “or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (2);

(c) in paragraph (3) omit “pursuant to an approval”.

(3) In rule 33A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .

Amendments to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

10. —(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014( 12 ) are amended as follows.

(2) In rule 1 (citation, commencement, application and interpretation)—

(a) omit paragraph (3);

(b) in paragraph (4) omit the definition of “Fast Track Rules”.

(3) In rule 3 (delegation to staff)—

(a) in paragraph (2)—

(i) for “by the Lord Chancellor” substitute “under section 40(1) of the 2007 Act (tribunal staff and services) or section 2(1) of the Courts Act 2003(court officers, staff and services)”;

(ii) for “with the approval of” substitute “if authorised by”;

(iii) after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b) omit paragraph (3).

(4) In rule 16 (appeal treated as abandoned or finally determined)—

(a) in the heading above that rule, omit “or finally determined”;

(b) in paragraph (2)—

(i) after “section” insert “92(8) or”;

(ii) omit “or finally determined, as the case may be”;

(5) In rule 27A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“ (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct. ” .