The Tribunal Procedure (Amendment) Rules 2015

These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2015 and come into force on 21st August 2015.

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

In rule 1(3) (definitions)—

In rule 23 (notice of appeal)^f1—

In rule 24 (response to the notice of appeal)^f1—

In rule 25 (appellant’s reply)^f1—

Before Schedule 1 (procedure after the notice of appeal in road transport cases)^f1 insert—

“SCHEDULE A1

Procedure in Quality Contracts Scheme cases

Rule 23

1.

This Schedule applies to quality contracts scheme cases.

Notice of appeal

2.

The appellant must send or deliver to the Upper Tribunal the notice of appeal together with the following materials —

(a)

a copy of the notice of the decision being challenged;

(b)

a copy of any separate written statement of reasons;

(c)

copies of the most significant documents (or relevant extracts) on which the appellant relies in support of the grounds stated in its notice of appeal, including—

(i)

the quality contracts scheme (or relevant extracts); and

(ii)

any report of the QCS Board (or relevant extracts); and

(d)

a list of the materials referred to in sub-paragraphs (a) to (c) and where such materials may be accessed (e.g. link to internet webpage).

3.

The appellant must, at the same time as sending its notice of appeal to the Upper Tribunal in accordance with paragraph 2, send a copy of the notice of appeal and of the additional materials to the respondent.

4.

The Upper Tribunal must send a copy of the notice of appeal and a copy of the list referred to in paragraph 2(d) to the appropriate national authority.

5.

The Upper Tribunal may, upon receipt of the notice of appeal, direct the respondent to—

(a)

give notice in at least one newspaper circulating in the area to which the scheme relates that a notice of appeal has been received;

(b)

give written notice to the persons consulted under section 125(3) (notice and consultation requirements) of the Transport Act 2000 and (if the case may be) those not consulted under section 125(3) but who in the opinion of the QCS Board, under section 126D(1)(b) (consideration of proposed schemes by boards) of that Act, ought to have been so consulted, that a notice of appeal has been received;

(c)

make arrangements for a place or website where copies of the notice of appeal and any response or reply and in each case their accompanying documents may be inspected;

(d)

ensure that each notice provided for in sub-paragraphs (a) and (b) states—

(i)

where copies of the notice of appeal and other documents relating to the proceedings may be inspected; and

(ii)

where information about the procedure for applying to be added as a party may be found.

Response to the notice of appeal

6.

A respondent must send or deliver to the Upper Tribunal its response to the notice of appeal together with the following materials —

(a)

a copy of the most significant documents (or relevant extracts) on which the respondent relies in support of the response;

(b)

a list of those documents.

7.

The respondent must, at the same time as providing its response to the Upper Tribunal in accordance with paragraph 6, provide copies of that response and of those materials to—

(a)

the appellant; and

(b)

the appropriate national authority.

8.

Any directions given by the Upper Tribunal to the respondent under paragraph 5 are also to be regarded as directions to the respondent to make available for inspection copies of its response and accompanying materials.

Appellant’s reply

9.

The appellant must send or deliver to the Upper Tribunal its reply (if any) to a response under paragraph 6 together with the following materials—

(a)

a copy of any additional documents (or relevant extracts) relied on in support of the reply;

(b)

a list of those documents.

10.

The appellant must, at the same time as providing its reply to the Upper Tribunal in accordance with paragraph 9, provide a copy of that reply and of those materials to the respondent.

11.

The Upper Tribunal must send a copy of the appellant’s reply and a copy of the list of documents referred to in paragraph 9(b) to the appropriate national authority.

12.

Any directions given by the Upper Tribunal to the respondent under paragraph 5 are also to be regarded as directions to the respondent to make available for inspection copies of the appellant’s reply and accompanying materials.

Adding further parties

13.

Any person who wishes to be added as a party to the proceedings, and has given notice to the respondent that they received the notice of the appeal in consequence of a direction made under paragraph 5, must apply to the Upper Tribunal in accordance with rule 9 within 1 month of the date on which they received notice of the appeal.

14.

Any application to be added as a party must state—

(a)

the name and address of the person making the application;

(b)

the name and address of the representative (if any) of that person;

(c)

an address where documents for that person may be sent or delivered;

(d)

whether or not copies of the notice of appeal, any response and any reply has been inspected, along with their accompanying documents;

(e)

whether the person making the application supports or opposes the appeal; and

(f)

the grounds relied upon for adding the person as a party.

15.

The person making the application must provide the following materials with the application—

(a)

a copy of the most significant documents (or relevant extracts) on which the person relies in support of the application, if not already listed by a party; and

(b)

a list of the documents referred to in sub-paragraph (a).

16.

The Upper Tribunal must notify the parties of any application to be joined as a party and send a copy of the list of documents with the notification.

17.

The Upper Tribunal may give further directions relating to any application to be added as a party and generally as to the conduct of the case.”

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

In rule 1(3) (definitions)^f1—

In rule 19 (application for leave)^f1, in paragraph (1)(b), for the words from “by virtue of regulation 34(3)” to the end substitute—

“by virtue of—

(i)

regulation 34(3) of the Special Educational Needs and Disability Regulations 2014^f2, or

(ii)

regulation 20(3) of the Special Educational Needs and Disability (Detained Persons) Regulations 2015^f3,

(appeals in a special educational needs case in the absence of a mediation certificate).”

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

In rule 1(3) (definitions), in the definition of “respondent”, after paragraph (c), omit “or” and insert—

“(cc)

an affected party within the meaning of section 61(5) of the Childcare Payments Act 2014^f1, other than an appellant; or”.

In rule 5 (case management powers), omit paragraph (3)(aa)^f1.

In rule 17 (withdrawal) for paragraphs (4) and (5) substitute—

“(4)

An application for a withdrawn case to be reinstated may be made by—

(a)

the party who withdrew the case;

(b)

where an appeal in a social security and child support case has been withdrawn, a respondent.

(5)

An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after the earlier of—

(a)

the date on which the applicant was sent notice under paragraph (6) that the withdrawal had taken effect; or

(b)

if the applicant was present at the hearing when the case was withdrawn orally under paragraph (1)(b), the date of that hearing.”.

In rule 22 (cases in which the notice of appeal is to be sent to the Tribunal)—

In rule 23 (cases in which the notice of appeal is to be sent to the decision maker)—

For Schedule 1 substitute the Schedule contained in the Schedule to these Rules.

The amendments made by rules 16 and 17 have no effect in relation to any appeal against a decision made before 6th April 2014 where the decision maker was Her Majesty’s Revenue and Customs.

“SCHEDULE 1

Rule 22

Time Limits for providing notices of appeal in social security and child support cases where mandatory reconsideration does not apply

	Type of proceedings	Time for providing notice of appeal
1	Appeal against a certification of NHS charges under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003f1	(a) 3 months after the latest of— (i) the date on the certificate; (ii) the date on which the compensation payment was made; (iii) if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or (iv) the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death; or (b) if the person to whom the certificate has been issued makes an application under section 157(4) of the Health and Social Care (Community Health and Standards) Act 2003, one month after— (i) the date of the decision on that application; or (ii) if the person appeals against that decision under section 157(6) of that Act, the date on which the appeal is decided or withdrawn.
2	Appeal against a waiver decision under section 157(6) of the Health and Social Care (Community Health and Standards) Act 2003	One month after the date of the decision.
3	Appeal against a certificate of NHS charges under section 7 of the Road Traffic (NHS Charges) Act 1999f2	3 months after the latest of— (a) the date on which the liability under section 1(2) of the Road Traffic (NHS Charges) Act 1999 was discharged; (b) if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or (c) the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of a traffic casualty and arising out of the injury or death.
4	Appeal against a certificate of recoverable benefits under section 11 of the Social Security (Recovery of Benefits) Act 1997f3	One month after the latest of— (a) the date on which any payment to the Secretary of State required under section 6 of the Social Security (Recovery of Benefits) Act 1997 was made; (b) if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; (c) the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the accident, injury or disease.
5	Cases other than those listed above	The latest of— (a) one month after the date on which notice of the decision being challenged was sent to the appellant; (b) if a written statement of reasons for the decision was requested within that month, 14 days after the later of— (i) the end of that month; or (ii) the date on which the written statement of reasons was provided; (c) if the appellant made an application for the revision of the decision under— (i) regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992f4; (ii) regulation 3(1) or (3) or 3A(1)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999f5; (iii) regulation 14(1)(a) of the Child Support Maintenance Calculation Regulations 2012f6; or (iv) regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013f7, and the application was unsuccessful, one month after the date on which notice that the decision would not be revised was sent to the appellant.

”

(This note is not part of the Rules)