Explanatory note

Rule 2 amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).

Rules 2(2)(a) and (c), 2(3), 2(4)(a) and (b) and 6 make amendments in respect of trade remedies appeals against decisions of the Trade Remedies Authority or the Secretary of State. Rule 2(2)(a) amends the definition of “interested party” to insert a new definition in respect of a trade remedies case, and rule 2(2)(c) inserts new definitions of “TRA” and “trade remedies case”. Rule 2(3) amends rule 14 (use of documents and information), and rule 2(4)(a) and (b) amends rule 23 (notice of appeal) in respect of trade remedies cases. Rule 6 makes transitional modifications to the Tribunal Procedure (Upper Tribunal) Rules 2008 in respect of trade remedies appeals until the Trade Remedies Authority is established.

Rules 2(2)(b) and 2(4)(c) make amendments in respect of bus services. Rule 2(2)(b) amends the definition of “road transport case”, and rule 2(4)(c) amends rule 23 (notice of appeal) in respect of certain bus services appeals.

Rule 2(5) amends rule 26A (cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal and proceedings without notice to a respondent) to make provision for cases where offences are certified to the Upper Tribunal by the First-tier Tribunal (see rule 3).

Rule 3 amends the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) to make provision for the certification of offences by the First-tier Tribunal to the Upper Tribunal in respect of certain acts or omissions under the Freedom of Information Act 2000 (c. 36) and the Data Protection Act 2018 (c. 12) which would constitute contempt of court if the proceedings had been before a court having power to commit for contempt. Rule 3 amends rule 1 (citation, commencement, application and interpretation), rule 21 (application of chapter 1) and rule 22 (the notice of appeal), and inserts a new rule 7A (certification).

Rule 4 amends the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2698). Rule 4(2) amends rule 41 (method of making application) to reflect changes made by the Infrastructure Act 2015 (c. 7) such that the register of local land charges will be transferred over time from being kept by local authorities to being kept by the Chief Land Registrar.

Rule 5 amends the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) in respect of new appeal routes introduced by the Tenant Fees Act 2019 (c. 4). Rule 5(2)(b) inserts a new definition of “tenant fees case” and rule 5(2)(a), (3) and (4) makes amendments to the Rules in respect of such cases.

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.