|
| |
|
(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 |
| 10 |
| |
(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. |
| |
| 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 |
| |
18 | Rules may make provision in the form of presumptions (including, in |
| |
particular, presumptions as to service or notification). |
| |
| |
19 | Rules may make different provision for different purposes or different areas. |
| 25 |
| |
Tribunal Procedure Committee |
| |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(3) | The total number of persons appointed at any time under sub-paragraph (1) |
| |
| |
(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 |
| |
| 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 |
| |
| 20 |
Committee members’ expenses |
| |
26 | The Lord Chancellor may reimburse members of the Tribunal Procedure |
| |
Committee their travelling and out-of-pocket expenses. |
| |
| |
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. |
| |
| 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 |
|
| |
|
| |
|
(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 |
| |
| |
(b) | if no period is so specified, within a reasonable period after the Lord |
| |
Chancellor gives the notice to the Committee. |
| |
| 25 |
| |
Power to amend legislation in connection with Tribunal Procedure Rules |
| |
| |
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 |
| |
| |
| |
(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)). |
| |
|
| |
|