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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) (“Upper Tribunal Rules”), the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2600) (“Lands Chamber Rules”), the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) (“HESC Rules”) and the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2685) (“SEC Rules”).

The amendments made by rules 4 to 6, 9, 10, 12 and 13 prescribe the procedures applicable to cases referred to the Upper Tribunal resulting from certain decisions of the national regulatory authorities for the wholesale energy market (the Gas and Electricity Markets Authority in Great Britain and the Northern Ireland Authority for Utility Regulation, in Northern Ireland). Similar procedures are applied to references in wholesale energy cases as currently apply to references in financial services cases.

Rule 7 amends rule 21 of the Upper Tribunal Rules and rule 15 amends rule 21 of the Lands Chamber Rules. A person may apply for permission to appeal on grounds which have been refused or not admitted by the tribunal whose decision is being appealed.

Rules 8 and 11 amend rules 22 and 30 of the Upper Tribunal Rules, which relate to applications for permission to appeal and applications for permission to apply for judicial review respectively. In both situations the Tribunal must send a written notice of a refusal to admit a late application. Where an application to admit a late application for permission to apply for judicial review is refused by the Tribunal without a hearing, an applicant may apply for reconsideration of that refusal.

Rules 17 to 20 amend rules 32, 34, 37 and 39 of the HESC Rules. The amendments relate to the examination by the Tribunal of patients and their medical records and to the circumstances in which the Tribunal may proceed with the hearing of the appeal in the absence of the patient.

Rule 22 amends rule 22 of the SEC Rules in consequence of the amendment of legislation which currently prescribes time limits for appeals relating to child benefits and guardians’ allowances.