The Tribunal Procedure (Amendment No. 2) Rules 2018

• Citation: S.I. 2018/1053
• Sections: 5

Section 1 Citation and commencement

These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2018 and come into force on the twenty-first day after the day on which they are laid.

Section 2 Amendment to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

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

(2) In rule 23 (cases in which the notice of appeal is to be sent to the decision maker)—

(a) in paragraph (2), after “so that it is received” omit “no later than the latest of”,

(b) in sub-paragraph (2)(a), after “in a housing benefit or council tax benefit case” insert “, no later than the latest of”.

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

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

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

(a) in the definition of “national security certificate appeal”, after “Data Protection Act 1998 ” insert “, sections 27, 79 or 111 of the Data Protection Act 2018 ”,

(b) in the definition of “respondent”, for sub-paragraph (b), substitute—

(b) in any other any other application for permission to appeal, or any other appeal except a road transport case, the person who made the decision that has been challenged;

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

(a) in paragraph 4, after “Data Protection Act 1998”, insert “, sections 27(3), 79(5) or 111(3) of the Data Protection Act 2018”,

(b) in paragraph 5, after “Data Protection Act 1998”, insert “, sections 27(5), 79(7) or 111(5) of the Data Protection Act 2018”.

Section 4 Amendment to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

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

(2) In rule 19 (transfer of cases to the Upper Tribunal)—

(a) in paragraph (1), after “Data Protection Act 1998” insert “, the Data Protection Act 2018”,

(b) in paragraph (1A), after “Data Protection Act 1998” insert “, sections 27, 79 or 111 of the Data Protection Act 2018”.

(3) In rule 22 (the notice of appeal)—

(a) in paragraph (5), for “subject to rule 19(2) (national security appeals)” substitute “subject to rule 19(1A) (national security appeals)”,

(b) in paragraph (6)—

(i) in sub-paragraph (b), after “Data Protection Act 1998” insert “, sections 27(3), 79(5) or 111(3) of the Data Protection Act 2018”,

(ii) in sub-paragraph (c), after “Data Protection Act 1998” insert “, sections 27(5), 79(7) or 111(5) of the Data Protection Act 2018”,

(iii) at the end of sub-paragraph (d), omit “or”,

(iv) at the end of sub-paragraph (e), for the full stop substitute “; or”,

(v) after sub-paragraph (e), insert—

(f) in the case of an application under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), within 28 days of the expiry of six months from the date on which the Commissioner received the complaint.

Section 5 Amendment to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

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

(2) In rule 41(5), omit “or under paragraph 4”.