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

After rule 26 (references under the Forfeiture Act 1982) insert—

“Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal and proceedings without notice to a respondent

26A.

(1)

Paragraphs (2) and (3) apply to a case which—

(a)

has been transferred or referred to the Upper Tribunal from the First-tier Tribunal; or

(b)

is a case, other than an appeal or a case to which rule 26 (references under the Forfeiture Act 1982) applies, which is started by an application made directly to the Upper Tribunal.

(2)

In a case to which this paragraph applies—

(a)

the Upper Tribunal must give directions as to the procedure to be followed in the consideration and disposal of the proceedings; and

(b)

the preceding rules in this Part will only apply to the proceedings to the extent provided for by such directions.

(3)

If a case or matter to which this paragraph applies is to be determined without notice to or the involvement of a respondent—

(a)

any provision in these Rules requiring a document to be provided by or to a respondent; and

(b)

any other provision in these Rules permitting a respondent to participate in the proceedings

does not apply to that case or matter.”