Citation and commencement

1. These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2024 and come into force on 27th December 2024.

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

2. —(1) The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008( 2 ) are amended as follows.

(2) In rule 22 (cases in which the notice of appeal is to be sent to the Tribunal)—

(a) in paragraph (2) after sub-paragraph (c) insert—

“ (ca) in appeals under a scheme established under section 49(1) of the Victims and Prisoners Act 2024 (infected blood compensation scheme) ( 3 ) , within 1 month after the date on which the appellant was sent written notice of the decision being challenged; ” ;

(b) in paragraph (7)(b) after “in all other” insert “cases” ;

(c) in paragraph (8)(a) omit “not more than”;

(d) in paragraph (9)(b) after “the appeal” insert “, other than an appeal under section 38(1) of the Tax Credits Act 2002( 4 ),” .

(3) In rule 30 (public and private hearings) omit paragraph (2).

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

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

(2) In rule 11(8)(a) (representatives) omit “or after-care under supervision”.

(3) In rule 25(2) (appellant’s reply) for “Subject to paragraph (2A)” substitute “Subject to paragraphs (2A) and (2B)” .

(4) In rule 30(2) (decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing) after “whether summarily to dismiss” omit “of”.

(5) In Schedule 1 (procedure after the notice of appeal in road transport cases), in paragraph 4(c) after “1995,” omit “to” in the first place it occurs.

(6) In Schedule 3 (procedure in financial services cases and wholesale energy cases), in paragraph 5(5) (applicant’s reply) before “Tribunal” insert “Upper” .

(7) In Schedule 4 (procedure in financial sanctions cases), in paragraph 6(1)(a) (exceptions to disclosure) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “section 56 of the Investigatory Powers Act 2016( 6 )” .

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

4. —(1) The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008( 7 ) are amended as follows.

(2) In rule 35 (restrictions on disposal of proceedings without a hearing)—

(a) for paragraph (3) substitute—

“ (3) The Tribunal may make a decision on a reference under section 68 (duty of managers of hospitals to refer cases to tribunal), 71(2) (references by Secretary of State concerning restricted patients) or 75(1) (references concerning conditionally discharged restricted patients) of the Mental Health Act 1983 ( 8 ) , as the case may be, without a hearing if the patient is aged 18 or over and—

(a) in the case of a patient who is a community patient, the patient or the patient’s representative has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference, or

(b) in the case of a patient who is not a community patient and is legally represented, the patient’s representative has stated in writing that—

(i) the patient does not wish to attend or be represented at a hearing of the reference, and

(ii) the patient’s representative has discussed with the patient the contents of any reports and any other documents provided by the responsible clinician and any social supervisor in respect of the patient, and is satisfied that the patient has the capacity to decide whether or not to make that decision, and

the Tribunal is satisfied that the patient has the capacity to make that decision. ” ;

(b) after paragraph (4) insert—

“ (5) Paragraph (3) does not apply where—

(a) the patient’s case has not previously been considered by the Tribunal, or

(b) the patient’s case was last considered by the Tribunal without a hearing. ” .

Amendment 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( 9 ) are amended as follows.

(2) In rule 39(1) (bail hearings) after “paragraph 11 of Schedule 10” insert “to the 2016 Act” ( 10 ).

Amendment to the Tribunal Procedure (Amendment) Rules 2022

6. —(1) The Tribunal Procedure (Amendment) Rules 2022( 11 ) are amended as follows.

(2) In rule 3(5)(c)(i) before “to the end” insert “in the second place it occurs” .