# The Tribunal Procedure (Amendment No. 2) Rules 2024, Note: Explanatory note


(This note is not part of the Rules)
These Rules amend the tribunal procedure rules that apply in the Upper Tribunal and some of the chambers of the First-tier Tribunal.
Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2685). Rule 2(2) amends rule 22 (cases in which the notice of appeal is to be sent to the Tribunal) to make provision for the time limits that apply to bring an appeal under a scheme established under section 49(1) of the Victims and Prisoners Act 2024 (c. 21). The scheme presently established being the Infected Blood Compensation Scheme established by the Infected Blood Compensation Scheme Regulations 2024 (S.I. 2024/872). This rule also makes drafting improvements to rule 22 to enhance clarity and readability. This includes an amendment to paragraph (9)(b) of rule 22 to clarify the time limit that applies to bring an appeal under section 38(1) of the Tax Credits Act 2002 (c. 21), following the decision of the Court of Appeal in Revenue and Customs Commissioners v Arrbab [2024] EWCA Civ 16. Additionally, rule 2(3) amends rule 30 (public and private hearings) to remove the requirement for hearings in criminal injuries compensation cases to be held in private (unless the Tribunal directs otherwise).
Rule 35(3) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) (restrictions on disposal of proceedings without a hearing) provides an exception to the restriction on the Tribunal disposing of mental health cases without a hearing, where the patient is an adult community patient, who does not wish to attend or be represented at a hearing of their reference. Rule 4(2)(a) amends rule 35(3) to extend this exception so that it also applies to adult patients detained in hospital with capacity, whose cases have been referred under section 68, 71(2) or 75(1) of the Mental Health Act 1983 (c. 20) (“MHA”) (as the case may be) to the Tribunal for review. Rule 4(2)(b) inserts a new paragraph (5) to rule 35 to provide that the exception in paragraph (3) (as amended by these Rules) does not apply to those patients whose detention under the MHA has never been considered by the Tribunal or the Tribunal last considered their case without a hearing.
Rules 3 and 5 make minor and technical drafting improvements to the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) (“Upper Tribunal Rules”) and the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604) respectively, to remove redundant drafting, improve clarity and to update legislative references.
Rule 3(5)(c)(i) of the Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312) (“2022 Amendment Rules”) intended to amend rule 24(3)(e) of the Upper Tribunal Rules (response to the notice of appeal) to make substituted provisions to be inserted from “on which the respondent” in the second place the phrase appeared in that rule. This rule was not sufficiently specific in identifying that the substitution was intended to occur from the second place that “on which the respondent” appears in that rule. Rule 6 corrects the drafting in rule 3(5)(c)(i) of the 2022 Amendment Rules to remove this ambiguity.
No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.

---
Source: https://www.legislation.gov.uk/uksi/2024/1283/note (the official version)
Page: https://openlegislation.uk/tribunal-procedure-amendment-no-2-rules-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.