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Tribunals, Courts and Enforcement Bill [HL]


Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 2 — Tribunal Procedure Committee

137

 

      (2)  

Rules may make provision for the setting aside of a decision in proceedings

before the First-tier Tribunal or Upper Tribunal—

(a)   

where a document relating to the proceedings was not sent to, or was

not received at an appropriate time by, a party to the proceedings or

a party’s representative,

5

(b)   

where a document relating to the proceedings was not sent to the

First-tier Tribunal or Upper Tribunal at an appropriate time,

(c)   

where a party to the proceedings, or a party’s representative, was not

present at a hearing related to the proceedings, or

(d)   

where there has been any other procedural irregularity in the

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proceedings.

      (3)  

Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be

prejudiced by, any power to correct errors or set aside decisions that is

exercisable apart from rules made by virtue of those sub-paragraphs.

Ancillary powers

15

16         

Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such

ancillary powers as are necessary for the proper discharge of its functions.

Rules may refer to practice directions

17         

Rules may, instead of providing for any matter, refer to provision made or

to be made about that matter by directions under section 23.

20

Presumptions

18         

Rules may make provision in the form of presumptions (including, in

particular, presumptions as to service or notification).

Differential provision

19         

Rules may make different provision for different purposes or different areas.

25

Part 2

Tribunal Procedure Committee

Membership

20         

The Tribunal Procedure Committee is to consist of—

(a)   

the Senior President of Tribunals or a person nominated by him,

30

(b)   

the persons currently appointed by the Lord Chancellor under

paragraph 21,

(c)   

the persons currently appointed by the Lord Chief Justice of England

and Wales under paragraph 22,

(d)   

the person currently appointed by the Lord President of the Court of

35

Session under paragraph 23, and

(e)   

any person currently appointed under paragraph 24 at the request of

the Senior President of Tribunals.

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 2 — Tribunal Procedure Committee

138

 

Lord Chancellor’s appointees

21    (1)  

The Lord Chancellor must appoint—

(a)   

three persons each of whom must be a person with experience of—

(i)   

practice in tribunals, or

(ii)   

advising persons involved in tribunal proceedings, and

5

(b)   

one person nominated by the Administrative Justice and Tribunals

Council.

      (2)  

Before making an appointment under sub-paragraph (1), the Lord

Chancellor must consult the Lord Chief Justice of England and Wales.

      (3)  

Until the Administrative Justice and Tribunals Council first has ten

10

members appointed under paragraph 1(2) of Schedule 7, the reference to

that council in sub-paragraph (1)(b) is to be read as a reference to the Council

on Tribunals; and if when the Administrative Justice and Tribunals Council

first has ten members so appointed, the person appointed under sub-

paragraph (1)(b) is a nominee of the Council on Tribunals, that person ceases

15

to be a member of the Tribunal Procedure Committee at that time.

Lord Chief Justice’s appointees

22    (1)  

The Lord Chief Justice of England and Wales must appoint—

(a)   

one of the judges of the First-tier Tribunal,

(b)   

one of the judges of the Upper Tribunal, and

20

(c)   

one person who is a member of the First-tier Tribunal, or is a member

of the Upper Tribunal, but is not a judge of the First-tier Tribunal and

is not a judge of the Upper Tribunal.

      (2)  

Before making an appointment under sub-paragraph (1), the Lord Chief

Justice of England and Wales must consult the Lord Chancellor.

25

Lord President’s appointee

23    (1)  

The Lord President of the Court of Session must appoint one person with

experience in and knowledge of the Scottish legal system.

      (2)  

Before making an appointment under sub-paragraph (1), the Lord President

of the Court of Session must consult the Lord Chancellor.

30

Persons appointed at request of Senior President of Tribunals

24    (1)  

At the request of the Senior President of Tribunals, an appropriate senior

judge may appoint a person or persons with experience in and knowledge

of—

(a)   

a particular issue, or

35

(b)   

a particular subject area in relation to which the First-tier Tribunal or

the Upper Tribunal has, or is likely to have, jurisdiction,

           

for the purpose of assisting the Committee with regard to that issue or

subject area.

      (2)  

In sub-paragraph (1) “an appropriate senior judge” means any of—

40

(a)   

the Lord Chief Justice of England and Wales,

(b)   

the Lord President of the Court of Session, and

(c)   

the Lord Chief Justice of Northern Ireland.

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 3 — Making of Tribunal Procedure Rules by Tribunal Procedure Committee

139

 

      (3)  

The total number of persons appointed at any time under sub-paragraph (1)

must not exceed four.

      (4)  

Before making an appointment under sub-paragraph (1), the person making

the appointment must consult the Lord Chancellor.

      (5)  

The terms of appointment of a person appointed under sub-paragraph (1)

5

may (in particular) authorise him to act as a member of the Committee only

in relation to matters specified by those terms.

Power to amend paragraphs 20 to 24

25    (1)  

The Lord Chancellor may by order—

(a)   

amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and

10

(b)   

make consequential amendments in any other provision of

paragraphs 21 to 24 or in paragraph 28(7).

      (2)  

The making of an order under this paragraph—

(a)   

requires the concurrence of the Lord Chief Justice of England and

Wales,

15

(b)   

if the order amends paragraph 23(1), requires also the concurrence of

the Lord President of the Court of Session, and

(c)   

if the order amends paragraph 24(1), requires also the concurrence of

the Lord President of the Court of Session and the Lord Chief Justice

of Northern Ireland.

20

Committee members’ expenses

26         

The Lord Chancellor may reimburse members of the Tribunal Procedure

Committee their travelling and out-of-pocket expenses.

Part 3

Making of Tribunal Procedure Rules by Tribunal Procedure Committee

25

Meaning of “Rules” and “the Committee”

27         

In the following provisions of this Part of this Schedule—

“the Committee” means the Tribunal Procedure Committee;

“Rules” means Tribunal Procedure Rules.

Process for making Rules

30

28    (1)  

Before the Committee makes Rules, the Committee must—

(a)   

consult such persons (including such of the Chamber Presidents) as

it considers appropriate,

(b)   

consult the Lord President of the Court of Session if the Rules contain

provision relating to proceedings in Scotland, and

35

(c)   

meet (unless it is inexpedient to do so).

      (2)  

Rules made by the Committee must be—

(a)   

signed by a majority of the members of the Committee, and

(b)   

submitted to the Lord Chancellor.

      (3)  

The Lord Chancellor may allow or disallow Rules so made.

40

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 4 — Power to amend legislation in connection with Tribunal Procedure Rules

140

 

      (4)  

If the Lord Chancellor disallows Rules so made, he must give the Committee

written reasons for doing so.

      (5)  

Rules so made and allowed—

(a)   

come into force on such day as the Lord Chancellor directs, and

(b)   

are to be contained in a statutory instrument to which the Statutory

5

Instruments Act 1946 (c. 36) applies as if the instrument contained

rules made by a Minister of the Crown.

      (6)  

A statutory instrument containing Rules made by the Committee is subject

to annulment in pursuance of a resolution of either House of Parliament.

      (7)  

In the case of a member of the Committee appointed under paragraph 24, the

10

terms of his appointment may (in particular) provide that, for the purposes

of sub-paragraph (2)(a), he is to count as a member of the Committee only in

relation to matters specified in those terms.

Power of Lord Chancellor to require Rules to be made

29    (1)  

This paragraph applies if the Lord Chancellor gives the Committee written

15

notice that he thinks it is expedient for Rules to include provision that would

achieve a purpose specified in the notice.

      (2)  

The Committee must make such Rules, in accordance with paragraph 28, as

it considers necessary to achieve the specified purpose.

      (3)  

Those Rules must be made—

20

(a)   

within such period as may be specified by the Lord Chancellor in the

notice, or

(b)   

if no period is so specified, within a reasonable period after the Lord

Chancellor gives the notice to the Committee.

25

Part 4

Power to amend legislation in connection with Tribunal Procedure Rules

Lord Chancellor’s power

30    (1)  

The Lord Chancellor may by order amend, repeal or revoke any enactment

to the extent he considers necessary or desirable—

30

(a)   

in order to facilitate the making of Tribunal Procedure Rules, or

(b)   

in consequence of—

(i)   

section 22,

(ii)   

Part 1 or 3 of this Schedule, or

(iii)   

Tribunal Procedure Rules.

35

      (2)  

In this paragraph “enactment” means any enactment whenever passed or

made, including an enactment comprised in subordinate legislation (within

the meaning of the Interpretation Act 1978 (c. 30)).

 

 

 
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