The Tribunal Procedure (Amendment) Rules 2014

These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2014 and come into force on 6th April 2014.

The Tribunal Procedure (Upper Tribunal) Rules 2008^f1 are amended as follows.

In the table of contents—

In rule 1 (interpretation etc), in paragraph (3)^f1—

In rule 5 (case management powers), after paragraph (6)^f1, insert—

“(7)

In a wholesale energy case, the Upper Tribunal may direct that the effect of the decision in respect of which the reference has been made is to be suspended pending the determination of the reference.”

In rule 10 (orders for costs), in paragraph (3)(e)^f1, after “financial services case” insert “or a wholesale energy case”.

In rule 21 (application to the Upper Tribunal for permission to appeal)^f1—

In rule 22 (decision in relation to permission to appeal)^f1—

In the heading to rule 26B^f1, after “Financial services cases” insert “and wholesale energy cases”.

In rule 26B, after “financial services cases” insert “and wholesale energy cases”.

In rule 30 (decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing)^f1—

In the heading to Schedule 3^f1 after “Financial Services Cases” insert “and Wholesale Energy Cases”.

In Schedule 3—

The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010^f1 are amended as follows.

In rule 21(2) (application to the Tribunal for permission to appeal), after “permission to appeal” at the third place where those words appear, insert “, or sent notice that permission has been granted only on limited grounds,”.

The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008^f1 are amended as follows.

In rule 32 (procedure in mental health cases)^f1, after paragraph (8), insert—

“(9)

The responsible authority must make records relating to the detention or treatment of the patient and any after-care services available to the Tribunal on request and the Tribunal or an appropriate member of the Tribunal may, before or at the hearing, examine and take notes and copies of such records for use in connection with the proceedings.”

For rule 34 (medical examination of the patient), substitute—

“34.

(1)

Where paragraph (2) applies, an appropriate member of the Tribunal must, so far as practicable, examine the patient in order to form an opinion of the patient’s mental condition, and may do so in private.

(2)

This paragraph applies—

(a)

in proceedings under section 66(1)(a) of the Mental Health Act 1983^f1 (application in respect of an admission for assessment), unless the Tribunal is satisfied that the patient does not want such an examination;

(b)

in any other case, if the patient or the patient’s representative has informed the Tribunal in writing, not less than 14 days before the hearing, that—

(i)

the patient; or

(ii)

if the patient lacks the capacity to make such a decision, the patient’s representative,

wishes there to be such an examination; or

(c)

if the Tribunal has directed that there be such an examination.”

In rule 37 (time and place of hearings), in paragraph (4), for “14 days” substitute “21 days”.

In rule 39 (hearings in a party’s absence), for paragraph (2) substitute—

“(2)

The Tribunal may not proceed with a hearing that the patient has failed to attend unless the Tribunal is satisfied that—

(a)

the patient—

(i)

has decided not to attend the hearing; or

(ii)

is unable to attend the hearing for reasons of ill health; and

(b)

an examination under rule 34 (medical examination of the patient)—

(i)

has been carried out; or

(ii)

is impractical or unnecessary.”

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008^f1 are amended as follows.

In rule 22 (cases in which notice of appeal is sent to the Tribunal)^f1, in paragraph (6) omit “or (aa)” in both places.

(This note is not part of the Rules)