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Article 2 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008I1

United Kingdom

(1)

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

(2)

In rule 4 (delegation to staff)—

(a)

in paragraph (1)—

(i)

before “may” insert “or section 2(1) of the Courts Act 2003f2 (court officers, staff and services)”;

(ii)

for “with the approval of” substitute “if authorised by”;

(iii)

after “Tribunals” insert “under paragraph 3(3) of Schedule 5 to the 2007 Act”;

(b)

omit paragraph (2).

(3)

In rule 12 (calculating time)—

(a)

in paragraph (3) omit “or a disability discrimination in schools case”;

(b)

after paragraph (3) insert—

“(3A)

In a disability discrimination in schools case, the days from 25th December to 1st January inclusive and any day in August must not be counted when calculating the time by which any act must be done, other than the time for starting proceedings by providing the application notice to the Tribunal under rule 20 (the application notice).”;

(c)

in paragraph (4), for “Paragraph (3)(b) does” substitute “Paragraphs (3)(b) and (3A) do”.

C1C2(4)

In rule 26A (coronavirus temporary rule (recording of remote hearings)) after paragraph (3) insert—

“(4)

On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.”.

Annotations

Modifications

C1

Rule 2(4) continued until 25.9.2022 (E.W.) (24.3.2022) by virtue of The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2

C2

Rule 2(4) continued until 25.9.2022 despite the repeal of 2020 c. 7, s. 55(b) (28.6.2022) by virtue of The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022 (S.I. 2022/704), reg. 2

Commencement

I1

Rule 2 in force at 21.7.2021 in accordance with rule 1(1)

Footnotes

f1

S.I. 2008/2699, amended by S.I. 2020/416; there are other amending instruments but none is relevant.

f2

2003 c. 39.