This Statutory Instrument has been made in part to correct errors in S.I. 2023/327 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2023 No. 1280
TRIBUNALS AND INQUIRIES
The Tribunal Procedure (Amendment No. 2) Rules 2023
Made
28th November 2023
Laid before Parliament
4th December 2023
Coming into force
25th December 2023
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 these Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
Citation and commencement
1. These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2023 and come into force on 25th December 2023.
Amendments to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008
2. —(1) The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008( 2 ) are amended as follows.
(2) In rule 6(3A) (procedure for applying for and giving directions) for “within 7 days” substitute “within the period of 7 days beginning with the day that a copy of the application is received,” .
(3) In rule 21(2) (notice of appeal) for “decision maker” substitute “Tribunal” .
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
3. —(1) The Tribunal Procedure (Upper Tribunal) Rules 2008( 3 ) are amended as follows.
(2) In rule 22(1) (decision in relation to permission to appeal) omit the words from “except where” to “applies,”.
(3) Omit rule 22A (special procedure for providing notice of a refusal of permission to appeal in an asylum case).
(4) In rule 40(2) (decisions) omit “or rule 22A” and the first set of words in parenthesis after it.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
4. —(1) The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013( 4 ) are amended as follows.
(2) In rule 13(1ZA) (orders for costs, reimbursement of fees and interest on costs)—
(a) before sub-paragraph (a) insert—
“ (za) Part 1 of the Landlord and Tenant Act 1954 ( 5 ) (security of tenure for residential tenants); ” ;
(b) for sub-paragraph (a) substitute—
“ (a) Part 4 (registration of rents under regulated tenancies) or Part 5 (rents under restricted contracts) of the Rent Act 1977 ( 6 ) ; ” ;
(c) at the end of sub-paragraph (b) insert “; or” ;
(d) after sub-paragraph (b) insert—
“ (c) paragraph 6(2) or 10(2) of Schedule 10 to the Local Government and Housing Act 1989 ( 7 ) (security of tenure on ending of long residential tenancies). ” .
Amendments to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
5. —(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014( 8 ) are amended as follows.
(2) For rule 19(3D) (notice of appeal) substitute—
“ (3D) Where this paragraph applies, the notice of appeal against the original decision must be received—
(a) if P is in the United Kingdom, within the period of 14 days beginning with the day—
(i) P is sent the notice of the decision on administrative review, or
(ii) P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review;
(b) if P is outside the United Kingdom, within the period of 28 days beginning with the day—
(i) P is sent the notice of the decision on administrative review, or
(ii) P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review. ” .
Amendments to the Tribunal Procedure (Amendment) Rules 2023
6. —(1) The Tribunal Procedure (Amendment) Rules 2023( 9 ) are amended as follows.
(2) In rule 4(4) (amending rule 22(2) (lapse of cases) of the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 with effect from 6th April 2023), in sub-paragraph (b) after “paragraph (2)” insert “in the second place in which it appears” .
We make these Rules
Mark Loveday
Donald W Ferguson
Susan Humble
Stephen Smith
Joanna Smith
Jeremy Rintoul
Gabriella Bettiga
Michael Reed
Philip Brook Smith
TPC Members
25th November 2023
I allow these Rules
Bellamy
Parliamentary Under Secretary of State
Ministry of Justice
28th November 2023
2007 c. 15 . There are amendments to the Act but none is relevant to this instrument.
S.I. 2008/2686 ; relevant amending instrument is S.I. 2023/327 .
S.I. 2008/2698 ; relevant amending instruments are S.I. 2010/44 , 2013/477 and 2014/2128 .
S.I. 2013/1169 ; relevant amending instrument is S.I. 2022/1030 .
1977 c. 42 . This Act is amended by the Transfer of Tribunal Functions Order 2013 ( S.I. 2013/1036 ), which under article 2(1) transfers the functions of rent assessment committees for areas in England to the First-tier Tribunal or, where determined by or under tribunal procedure rules in any particular case, the Upper Tribunal.
1989 c. 42 . This Act is amended by the Transfer of Tribunal Functions Order 2013 ( S.I. 2013/1036 ), which under article 2(1) transfers the functions of rent assessment committees for areas in England to the First-tier Tribunal or, where determined by or under tribunal procedure rules in any particular case, the Upper Tribunal.
S.I. 2014/2604 ; relevant amending instrument is S.I. 2020/61 .