The Tribunal Procedure (Amendment No. 4) Rules 2013

• Citation: S.I. 2013/2067
• Sections: 29

Section 1 Citation and commencement

These Rules may be cited as the Tribunal Procedure (Amendment No. 4) Rules 2013 and come into force on 1st November 2013.

Section 2 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

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

Section 3 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In the table of contents, in the entry for rule 28A , for “fresh claims” substitute “immigration judicial review”.

Section 4 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

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

(a) omit the definition of “fresh claim proceedings”;

(b) after the definition of “immigration case” insert—

“ immigration judicial review proceedings ” means judicial review proceedings which are designated as an immigration matter—

in a direction made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 specifying a class of case for the purposes of section 18(6) of the 2007 Act; or

in an order of the High Court in England and Wales made under section 31A(3) of the Senior Courts Act 1981 , transferring to the Upper Tribunal an application of a kind described in section 31A(1) of that Act;

(c) in the definition of “party”, before “Tribunal finally” insert “Upper”.

Section 5 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 8 (striking out a party’s case), for paragraph (1)(b) substitute—

(b) in immigration judicial review proceedings, when a fee has not been paid, as required, in respect of an application under rule 30(4) or upon the grant of permission.

Section 6 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 10 (orders for costs), in paragraph (10) , before “Tribunal” insert “Upper”.

Section 7 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 11 (representatives), in paragraphs (5A) and (5B) , for “fresh claim” substitute “immigration judicial review”.

Section 8 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 13 (sending and delivery of documents), in paragraph (7) , before “Tribunal” insert “Upper”.

Section 9 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 17A (appeal treated as abandoned etc), in paragraph (1) , before “Tribunal if” insert “Upper”.

Section 10 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 28 (applications for permission to bring judicial review proceedings), in paragraph (8) , for “fresh claim” substitute “immigration judicial review”.

Section 11 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 28A (special provisions for fresh claim proceedings)—

(a) in the heading of that rule, for “fresh claim” substitute “immigration judicial review”;

(b) in paragraph (1), for “fresh claim” substitute “immigration judicial review”.

Section 12 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 29 (acknowledgment of service)—

(a) in paragraph (1) , for “fresh claim” at both places, substitute “immigration judicial review”;

(b) in paragraph (2A) , for “fresh claim” substitute “immigration judicial review”.

Section 13 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 30 (decision on permission or summary dismissal etc)—

(a) in paragraph (4), for “In” substitute “Subject to paragraph (4A), in”;

(b) after paragraph (4), insert—

(4A) Where the Upper Tribunal refuses permission to bring immigration judicial review proceedings and considers the application to be totally without merit, it shall record that fact in its decision notice and, in those circumstances, the applicant may not request the decision to be reconsidered at a hearing.

(c) in paragraph (5) , for “fresh claim” substitute “immigration judicial review”.

Section 14 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 34 (decision with or without a hearing)—

(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;

(b) after paragraph (2), insert—

(3) In immigration judicial review proceedings, the Upper Tribunal must hold a hearing before making a decision which disposes of proceedings.

(4) Paragraph (3) does not affect the power of the Upper Tribunal to—

(a) strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);

(b) consent to withdrawal, pursuant to rule 17;

(c) determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or

(d) make a consent order disposing of proceedings, pursuant to rule 39,

without a hearing.

Section 15 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 39 (consent orders), in paragraph (2) , before “Tribunal” insert “Upper”.

Section 16 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 40 (decisions), after paragraph (1), insert—

(1A) Subject to paragraph (1B), in immigration judicial review proceedings, a decision which disposes of proceedings shall be given at a hearing.

(1B) Paragraph (1A) does not affect the power of the Upper Tribunal to—

(a) strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);

(b) consent to withdrawal, pursuant to rule 17;

(c) determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or

(d) make a consent order disposing of proceedings, pursuant to rule 39,

without a hearing.

Section 17 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 43 (setting aside a decision which disposes of proceedings), in paragraph (3) , before “Tribunal sent” insert “Upper”.

Section 18 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 44 (application for permission to appeal)—

(a) in paragraph (1) , for “paragraph (4A)” substitute “paragraphs (4A) and (4B)”;

(b) in paragraph (4) , for “or (3D)” substitute “, (3D) or (4C)”;

(c) for paragraph (4A) substitute—

(4A) Where a decision that disposes of immigration judicial review proceedings is given at a hearing, a party may apply at that hearing for permission to appeal, and the Upper Tribunal must consider at the hearing whether to give or refuse permission to appeal.

(4B) Where a decision that disposes of immigration judicial review proceedings is given at a hearing and no application for permission to appeal is made at that hearing—

(a) the Upper Tribunal must nonetheless consider at the hearing whether to give or refuse permission to appeal; and

(b) if permission to appeal is given to a party, it shall be deemed for the purposes of section 13(4) of the 2007 Act to be given on application by that party.

(4C) Where a decision that disposes of immigration judicial review proceedings is given pursuant to rule 30 and the Upper Tribunal records under rule 30(4A) that the application is totally without merit, an application under paragraph (1) must be sent or delivered to the Upper Tribunal so that it is received within 7 days after the later of the dates on which the Upper Tribunal sent to the applicant—

(a) written reasons for the decision; or

(b) notification of amended reasons for, or correction of, the decision following a review.

(d) in paragraph (7)(a) , before “Tribunal” insert “Upper”.

Section 19 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 45 (Upper Tribunal’s consideration of application for permission to appeal), in paragraphs (3) and (4), for “send” substitute “provide”.

Section 20 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 48 (power to treat an application as a different type of application”, before “Tribunal” insert “Upper”.

Section 21 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In schedule 2 (additional procedure in national security certificate cases)—

(a) in paragraph 10(c), before “Tribunal must” insert “Upper”;

(b) in paragraph 11(b), before “Tribunal” insert “Upper”.

Section 22 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

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

Section 23 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

In rule 5 (case management powers), after paragraph (3)(a) insert—

(aa) extend the time within which an appeal must be brought under regulation 28(1) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003

Section 24 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

In rule 19 (confidentiality in child support or child fund cases) in paragraph (2), for sub-paragraphs (a) – (c) substitute—

(a) in the notice of appeal or when notifying the Secretary of State or the Tribunal of any subsequent change of address; or

(b) within 14 days after an enquiry is made by the recipient of the notice of appeal or the notification referred to in sub-paragraph (a).

Section 25 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

In rule 22 (cases in which the notice of appeal is to be sent to the tribunal), in paragraph (6), after “rule 5(3)(a)” at both places, insert “or (aa)”.

Section 26 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

In rule 23 (cases in which the notice of appeal is to be sent to the decision maker), after “rule 5(3)(a)” insert “or (aa)”.

Section 27 Amendment to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

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

Section 28 Amendment to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

In rule 36 (application for permission to appeal), in paragraph (2)(a)(ii), for “rule 3(5)(e)” substitute “rule 5(3)(e)”.

Section 29 Transitional

(1) The amendments made by rule 13(a) and (b) (relating to rule 30(4) and (4A) of the Tribunal Procedure (Upper Tribunal) Rules 2008) do not apply to fresh claim proceedings where—

(a) an application for permission to bring judicial review proceedings was issued in the Upper Tribunal before 1st November 2013; or

(b) an application for permission to apply for judicial review was transferred to the Upper Tribunal by the High Court under section 31A of the Senior Courts Act 1981 before 1st November 2013.

(2) Fresh claim proceedings has the meaning in rule 1(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 as it was in force immediately before 1st November 2013.