Citation, commencement and extent

1.—(1) These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2026 and come into force on 6th November 2026.

(2) Any amendment made by these Rules has the same extent as the provision amended.

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

2.—(1) The Tribunal Procedure (Upper Tribunal) Rules 2008(2) are amended as follows.

(2) In rule 21(3) (application to the Upper Tribunal for permission to appeal), before sub-paragraph (b) insert—

“(ac)in the case of an application under section 168(1) of the Online Safety Act 2023(3), 3 months after the date on which notice of the decision being challenged was published by OFCOM in accordance with the relevant provisions of that Act;”.

(3) In rule 28A (special provisions for immigration judicial review proceedings)—

(a)after paragraph (1) insert—

“(1A) Where the Upper Tribunal accepts an application under paragraph (1), it must seal the application and send it to the applicant.”;

(b)in paragraph (2)—

(i)for the words before sub-paragraph (a), from “Within” to “provide—” substitute “Within 9 days after the date on which the Upper Tribunal sent the application to the applicant under paragraph (1A), the applicant must provide—”;

(ii)in sub-paragraph (a), after “a copy of the” insert “sealed”.

(4) After rule 29 (acknowledgement of service) insert—

Reply to acknowledgment of service

29A.—(1) An applicant may provide to the Upper Tribunal a reply to any acknowledgement of service.

(2) Any reply must—

(a)be provided to the Upper Tribunal no later than 7 days after a copy of the acknowledgment of service is sent or provided to the applicant; and

(b)comply with the requirements of any practice direction as to its content and length.

(3) The applicant must provide a copy of any reply to—

(a)the respondent; and

(b)any person who has been sent or provided with a copy of the application for permission under rule 28(8) or 28A(2)(a),

as soon as reasonably practicable and in any event no later than 7 days after the reply is provided to the Upper Tribunal.

(4) The time limits under this rule may not be extended by agreement between the parties.”.

(5) In rule 40 (decisions), omit paragraphs (1A) and (1B).

(6) In rule 44 (application for permission to appeal), after paragraph (4B) insert—

“(4BA) Where a decision that disposes of immigration judicial review proceedings is not given at a hearing, a party may apply in writing for permission to appeal, and the application must be received by the Upper Tribunal no later than twelve working days after the Upper Tribunal sent notice of its decision to that party.”.