The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and come into force on 1st September 2009.

These Rules apply to proceedings before the General Regulatory Chamber of the First-tier Tribunal F2, including where the Tribunal exercises its jurisdiction under section 61(4) of the Freedom of Information Act 2000 and section 202(2) of the Data Protection Act 2018.

In these Rules—

• “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

• “appellant” means a person who—

  1. (a)

     commences Tribunal proceedings, whether by making an appeal, an application, a claim, a complaint, a reference or otherwise; or

  2. (b)

     is added or substituted as an appellant under rule 9 (addition, substitution and removal of parties);

• F3“certification case” means a case in which the Tribunal may certify an offence to the Upper Tribunal under section 61(4) of the Freedom of Information Act 2000 or section 202(2) of the Data Protection Act 2018;

• F4“charities case” means—

  1. (a)

     an appeal or application in respect of a decision, order or direction of the Charity Commission listed in column 1 of Schedule 6 to the Charities Act 2011;

  2. (b)

     a reference under section 325 or 326 of the Charities Act 2011; or

  3. (c)

     an application under section 324A of the Charities Act 2011;

• “document” means anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

• F5...

• “hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

• “notice of appeal” means a document which starts proceedings;

• “party” means—

  1. (a)

     a person who is an appellant or a respondent;

  2. (b)

     if the proceedings have been concluded, a person who was an appellant or a respondent when the Tribunal finally disposed of all issues in the proceedings;

• F6“PDO or PGI wine decision” means a decision of the Secretary of State to approve or reject an application made under Article 94 of Regulation 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products for protection of a wine name as a designation of origin or geographical indication;

• “practice direction” means a direction given under section 23 of the 2007 Act;

• F7“REACH Agency” means the “Agency” as defined in Article 3(18) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

• “respondent” means—

  1. (a)

     in proceedings appealing against or challenging a decision, direction or order, the person who made the decision, direction or order appealed against or challenged;

  2. (b)

     a person against whom an appellant otherwise brings proceedings; or

  3. (c)

     a person added or substituted as a respondent under rule 9 (addition, substitution and removal of parties);

• “transport case” means proceedings under the Road Traffic Act 1988 M1, the Road Traffic Offenders Act 1988 M2, the Greater London Authority Act 1999 M3, the Postal Services Act 2000 M4, the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 M5 F8, the European Communities (Recognition of Professional Qualifications) Regulations 2007 and the European Union (Recognition of Professional Qualifications) Regulations 2015;

• “Tribunal” means the First-tier Tribunal.

The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.

Dealing with a case fairly and justly includes—

The Tribunal must seek to give effect to the overriding objective when it—

Parties must—

The Tribunal should seek, where appropriate—

Part 1 of the Arbitration Act 1996 M1 does not apply to proceedings before the Tribunal.

Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) F1or section 2(1) of the Courts Act 2003 (court officers, staff and services) may, F2if authorised by the Senior President of Tribunals F3under paragraph 3(3) of Schedule 5 to the 2007 Act, carry out functions of a judicial nature permitted or required to be done by the Tribunal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Within 14 days after the date that the Tribunal sends notice of a decision made by a member of staff F5... under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.

Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.

The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.

In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—

Notwithstanding anything in rule 32 (decision with or without a hearing), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.

The conditions are—

This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.

Provision for the allocation of cases to the standard track or the open track is to be made by practice direction.

The Tribunal may give a direction allocating a case to a different track at any time in accordance with rule 6 (procedure for applying for and giving directions) if it considers it in the interests of justice to do so.

This rule does not apply to cases to which rule 19(1A) (transfer of cases to the Upper Tribunal) applies.

The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.

An application for a direction may be made—

An application for a direction must include the reason for making that application.

Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any direction to every party and to any other person affected by the direction.

If a party or any other person sent notice of the direction under paragraph (4) wishes to challenge a direction which the Tribunal has given, they may do so by applying for another direction which amends, suspends or sets aside the first direction.

An irregularity resulting from a failure to comply with any provision of these Rules, a practice direction or a direction does not of itself render void the proceedings or any step taken in the proceedings.

If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may take such action as the Tribunal considers just, which may include—

The Tribunal may refer to the Upper Tribunal, and ask the Upper Tribunal to exercise its power under section 25 of the 2007 Act in relation to, any failure by a person to comply with a requirement imposed by the Tribunal—

This rule applies to certification cases.

An application for the Tribunal to certify an offence to the Upper Tribunal must be made in writing and must be sent or delivered to the Tribunal so that it is received no later than 28 days after the relevant act or omission (as the case may be) first occurs.

The application must include—

If an application is provided to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time)—

When the Tribunal admits the application, it must send a copy of the application and any accompanying documents to the respondent and must give directions as to the procedure to be followed in the consideration and disposal of the application.

A decision disposing of the application will be treated by the Tribunal as a decision which finally disposes of all issues in the proceedings comprising the certification case and rule 38 (decisions) will apply.

The proceedings, or the appropriate part of them, will automatically be struck out if the appellant has failed to comply with a direction that stated that failure by the appellant to comply with the direction would lead to the striking out of the proceedings or that part of them.

The Tribunal must strike out the whole or a part of the proceedings if the Tribunal—

The Tribunal may strike out the whole or a part of the proceedings if—

The Tribunal may not strike out the whole or a part of the proceedings under paragraph (2) or (3)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out.

If the proceedings, or part of them, have been struck out under paragraph (1) or (3)(a), the appellant may apply for the proceedings, or part of them, to be reinstated.

An application under paragraph (5) must be made in writing and received by the Tribunal within 28 days after the date on which the Tribunal sent notification of the striking out to that party.

This rule applies to a respondent as it applies to an appellant except that—

If a respondent has been barred from taking further part in proceedings under this rule and that bar has not been lifted, the Tribunal need not consider any response or other submission made by that respondent, and may summarily determine any or all issues against that respondent.

The Tribunal may give a direction adding, substituting or removing a party as an appellant or a respondent.

If the Tribunal gives a direction under paragraph (1) it may give such consequential directions as it considers appropriate.

Any person who is not a party may apply to the Tribunal to be added or substituted as a party.

If a person who is entitled to be a party to proceedings by virtue of another enactment applies to be added as a party, and any conditions applicable to that entitlement have been satisfied, the Tribunal must give a direction adding that person as a respondent or, if appropriate, as an appellant.

An application by a person to be added as a party to a reference under F2section 325 or 326 of the Charities Act 2011 must be made within 42 days of the date on which the Tribunal publishes details of the reference in accordance with rule 26(4).

F1Subject to paragraph (1A) the Tribunal may make an order in respect of costs (or, in Scotland, expenses) only—

If the Tribunal allows an appeal against a decision of the Gambling Commission, the Tribunal must, unless it considers that there is a good reason not to do so, order the Commission to pay to the appellant an amount equal to any fee paid by the appellant under the First-tier Tribunal (Gambling) Fees Order 2010 that has neither been included in an order made under paragraph (1) nor refunded.

The Tribunal may make an order under paragraph (1) on an application or on its own initiative.

A person making an application for an order under this rule must—

An application for an order under paragraph (1) may be made at any time during the proceedings but may not be made later than 14 days after the date on which the Tribunal F9sends—

The Tribunal may not make an order under paragraph (1) F13or (1A) against a person (“the paying person”) without first—

The amount of costs or expenses to be paid under an order under paragraph (1) may be ascertained by—

Following an order under paragraph (6)(c) a party may apply—

Upon making an order for the assessment of costs, the Tribunal may order an amount to be paid on account before the costs or expenses are assessed.

A party may appoint a representative (whether legally qualified or not) to represent that party in the proceedings.

If a party appoints a representative, that party must send or deliver to the Tribunal and to each other party written notice of the representative's name and address.

Anything permitted or required to be done by or provided to a party under these Rules, a practice direction or a direction may be done by or provided to the representative of that party except—

A person who receives due notice of the appointment of a representative—

At a hearing a party may be accompanied by another person whose name and address has not been notified under paragraph (2) but who, with the permission of the Tribunal, may act as a representative or otherwise assist in presenting the party's case at the hearing.

Paragraphs (2) to (4) do not apply to a person who accompanies a party under paragraph (5).

An act required by these Rules, a practice direction or a direction to be done on or by a particular day must be done before 5pm on that day.

If the time specified by these Rules, a practice direction or a direction for doing any act ends on a day other than a working day, the act is done in time if it is done on the next working day.

In this rule “working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 M1.

Any document to be provided to the Tribunal under these Rules, a practice direction or a direction must be—

Subject to paragraph (3), if a party provides a fax number, email address or other details for the electronic transmission of documents to them, that party must accept delivery of documents by that method.

If a party informs the Tribunal and all other parties that a particular form of communication, other than pre-paid post or delivery by hand, should not be used to provide documents to that party, that form of communication must not be so used.

If the Tribunal or a party sends a document to a party or the Tribunal by email or any other electronic means of communication, the recipient may request that the sender provide a hard copy of the document to the recipient. The recipient must make such a request as soon as reasonably practicable after receiving the document electronically.

The Tribunal and each party may assume that the address provided by a party or its representative is and remains the address to which documents should be sent or delivered until receiving written notification to the contrary.

The Tribunal may make an order prohibiting the disclosure or publication of—

The Tribunal may give a direction prohibiting the disclosure of a document or information to a person if—

If a party (“the first party”) considers that the Tribunal should give a direction under paragraph (2) prohibiting the disclosure of a document or information to another party (“the second party”), the first party must—

If the Tribunal gives a direction under paragraph (2) which prevents disclosure to a party who has appointed a representative, the Tribunal may give a direction that the documents or information be disclosed to that representative if the Tribunal is satisfied that—

Documents or information disclosed to a representative in accordance with a direction under paragraph (4) must not be disclosed either directly or indirectly to any other person without the Tribunal's consent.

The Tribunal may give a direction that certain documents or information must or may be disclosed to the Tribunal on the basis that the Tribunal will not disclose such documents or information to other persons, or specified other persons.

A party making an application for a direction under paragraph (6) may withhold the relevant documents or information from other parties until the Tribunal has granted or refused the application.

Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send notice that a party has made an application for a direction under paragraph (6) to each other party.

In a case involving matters relating to national security, the Tribunal must ensure that information is not disclosed contrary to the interests of national security.

The Tribunal must conduct proceedings and record its decision and reasons appropriately so as not to undermine the effect of an order made under paragraph (1), a direction given under paragraph (2) or (6) or the duty imposed by paragraph (9).

Without restriction on the general powers in rule 5(1) and (2) (case management powers), the Tribunal may give directions as to—

The Tribunal may—

The Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.

On the application of a party or on its own initiative, the Tribunal may—

A summons or citation under paragraph (1)(a) must—

No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.

A summons, citation or order under this rule must—

Subject to paragraph (2), F1... a party may give notice of the withdrawal of its case, or any part of it—

Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.

A party who has withdrawn their case may apply to the Tribunal for the case to be reinstated.

An application under paragraph (3) must be made in writing and be received by the Tribunal within 28 days after—

The Tribunal must notify each party in writing F3that a withdrawal has taken effect under F4paragraph (2).

The Tribunal must (save for good reason) treat the proceedings as withdrawn if the respondent provides notification in writing to the Tribunal and each other party that the decision or act to which the proceedings relate has been withdrawn or revoked, or that the respondent otherwise does not rely upon the decision or act.

For the purposes of paragraph (6) “decision or act” includes a direction or order, and means, where the proceedings relate to more than one decision or act, all of the decisions or acts.

The Tribunal must notify each party in writing that the proceedings have been treated as withdrawn under paragraph (6).

A party may apply to the Tribunal for proceedings which have been treated as withdrawn under paragraph (6) to be reinstated.

An application under paragraph (9) must be made in writing and be received by the Tribunal within 28 days after the date on which the Tribunal sent the notice under paragraph (8).

This rule applies if—

The Tribunal may give a direction—

When the Tribunal makes a decision in respect of the common or related issues—

Within 28 days after the date on which the Tribunal sent a copy of the decision to a party under paragraph (3)(a), that party may apply in writing for a direction that the decision does not apply to, and is not binding on the parties to, a particular related case.

The Tribunal must give directions in respect of cases which are stayed F1(or, in Scotland, sisted) under paragraph (2)(b), providing for the disposal of or further directions in those cases.

If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—

This rule applies to an appeal against a decision of, or notice issued by, the F2Information Commission.

The Tribunal may give a direction (“an entry direction”) requiring the occupier of any premises (“the occupier”), including a party, to permit entry to specified persons in order to allow such persons to—

In paragraph (2)—

• “relevant equipment” means equipment on the premises used or intended to be used in connection with the processing of personal data, or the storage, recording or deletion of other information; and

• “relevant materials” means any documents and other materials on the premises connected with the processing of personal data, or the storage, recording or deletion of other information.

A direction under paragraph (2) may not require a person to permit the inspection, examination or testing of any document or other materials which a person could not be compelled to produce in the trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.

A direction under paragraph (2) must specify the date and time at which the entry is to take place.

The Tribunal must send a copy of the direction to the occupier so that it is received at least 7 days before the date specified for the entry.

This rule applies to charities cases F1and proceedings under the Data Protection Act 1998 F2, the Data Protection Act 2018 and the Freedom of Information Act 2000 (including those Acts as applied and modified by the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Environmental Information Regulations 2004).

On receiving a notice of appeal in an appeal under section 28 of the Data Protection Act 1998 F4, sections 27, 79 or 111 of the Data Protection Act 2018 or section 60 of the Freedom of Information Act 2000 (including that section as applied and modified by regulation 18 of the Environmental Information Regulations 2004) (appeals in relation to national security certificates) the Tribunal must transfer the case to the Upper Tribunal without taking further action in relation to the appeal.

F5In any other case, the Tribunal may refer a case or a preliminary issue to the President of the General Regulatory Chamber F6of the First-tier Tribunal with a request that the case or issue be considered for transfer to the Upper Tribunal.

If a case or issue has been referred by the Tribunal under paragraph (2), the President of the General Regulatory Chamber may, with the concurrence of the President of the appropriate Chamber of the Upper Tribunal, direct that the case or issue be transferred to and determined by the Upper Tribunal.

The Tribunal may suspend the effect of a decision of the Gambling Commission (whether or not the decision has already taken effect) while an appeal against that decision—

In an appeal against a decision of the Immigration Services Commissioner, the Tribunal may direct that while the appeal is being dealt with the decision appealed against shall have—

If the Tribunal makes a direction under paragraph (2), the Tribunal must consider any application by the Immigration Services Commissioner for the cancellation or variation of the direction.

The Tribunal may vary or cancel a direction made under paragraph 9(3) of Schedule 5 to the Immigration and Asylum Act 1999 (interim directions pending the decision of the Tribunal).

This rule applies where F1rule 19A or another enactment provides in any terms for the Tribunal to stay F2(or, in Scotland, sist) or suspend, or to lift a stay F3(or, in Scotland, sist) or suspension of, a decision which is or may be the subject of an appeal to the Tribunal (“the substantive decision”) pending such appeal, including an enactment which provides for—

A person who wishes the Tribunal to decide whether the substantive decision should be stayed F5(or, in Scotland, sisted) or suspended must make a written application to the Tribunal which must include—

In the case of an appeal against a refusal by the registrar to stay F6(or, in Scotland, sist) a decision to refuse an application for registration as a driving instructor, an application under paragraph (2) must be sent or delivered to the Tribunal so that it is received within 10 days after the date on which the registrar sent notice of the refusal to the person making the application.

If the Tribunal grants a stay F7(or, in Scotland, sist) or suspension following an application under this rule—

Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any decision made under this rule to each party.

An appellant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of appeal so that it is received—

The time limit in paragraph (1)(b) does not apply to—

The notice of appeal must include—

If the proceedings are an application under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), the appellant must provide with the notice of appeal copies of—

If the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the appellant has or can reasonably obtain.

If the appeal is brought under section 141 or 337(1) of the Gambling Act 2005, the appellant must provide with the notice of appeal any fee payable to the Tribunal.

If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time)—

When the Tribunal receives the notice of appeal, F7subject to rule 19(1A) (national security appeals), it must send a copy of the notice of appeal and any accompanying documents to each respondent.

The time for providing the notice of appeal referred to in paragraph (1)(a) is as follows—

In this rule—

• “agricultural product or foodstuff decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B to Regulation (EU) No 1151/2012 of the European Parliament and of the Council;

• “aromatised wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 2B to Regulation (EU) No 251/2014 of the European Parliament and of the Council;

• “EUWA” means the European Union (Withdrawal) Act 2018;

• “spirit drink decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 to Regulation (EU) 2019/787 of the European Parliament and of the Council;

• “traditional term wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex A2 to Commission Delegated Regulation (EU) 2019/33.

Each respondent must send or deliver to the Tribunal a response to the notice of appeal so that it is received—

The response must include—

The response must include a statement as to whether the respondent opposes the appellant's case and, if so, any grounds for such opposition which are not contained in another document provided with the response.

If the proceedings challenge a decision, the respondent must provide with the response a copy of any written record of that decision, and any statement of reasons for that decision, that the appellant did not provide with the notice of appeal and the respondent has or can reasonably obtain.

If the respondent provides the response to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the response was not provided in time.

In a transport case, the Tribunal must send a copy of the response and any accompanying documents to each other party.

In any other case, the respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

The appellant may make a written submission and provide further documents in reply to a response.

Any reply and accompanying documents provided under paragraph (1) must be sent or delivered to the Tribunal within 14 days after the date on which the respondent or the Tribunal sent the response to the appellant.

If the appellant provides the reply to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time) the reply must include a request for an extension of time and the reason why the reply was not provided in time.

In a transport case, the Tribunal must send a copy of any reply and any accompanying documents to each other party.

In any other case, the appellant must send or deliver a copy of any reply and any accompanying documents to each other party at the same time as it provides the reply to the Tribunal.

This rule applies to an application by a charity or charity trustees of a charity for an order under section 324A (power to authorise costs to be incurred in relation to proceedings) of the Charities Act 2011 (“authorised costs order”).

An applicant for an authorised costs order must start proceedings before the Tribunal by sending or delivering to the Tribunal an application which must include—

The applicant must send or deliver a copy of the application (but need not send the further information or documents referred to in paragraph (2)(j)) to the respondent and any other interested party in the proceedings to which the application relates at the same time as it provides the application to the Tribunal.

In this rule, references to “charity” and “charity trustees” have the meanings given by the Charities Act 2011.

An appellant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of appeal so that it is received—

The notice of appeal must include—

If the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the appellant has or can reasonably obtain.

If the notice of appeal relates to a reference under F1section 325 or 326 of the Charities Act 2011—

If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time)—

The appellant must send or deliver a copy of the notice of appeal and any accompanying documents to the respondent at the same time as it provides the notice of appeal to the Tribunal.

The respondent must send or deliver to the Tribunal a response to the notice of appeal so that it is received within 28 days after the date on which the respondent received the notice of appeal.

The response must include—

The response must include a statement as to whether the respondent opposes the appellant's case and, if so, any grounds for such opposition which are not contained in another document provided with the response.

If the proceedings challenge a decision, the respondent must provide with the response a copy of any written record of that decision, and any statement of reasons for that decision, that the appellant did not provide with the notice of appeal and the respondent has or can reasonably obtain.

If the proceedings challenge a decision, the respondent must provide with the response a list of—

If the respondent provides the response to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the response was not provided in time.

The respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

The appellant may send or deliver to the Tribunal a reply to the respondent's response and any additional documents relied upon by the appellant.

Any reply must be sent or delivered to the Tribunal so that it is received within 28 days after the date on which the respondent sent the response to the appellant.

If the appellant provides a reply to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time) the reply must include a request for an extension of time and the reason why the reply was not provided in time.

The appellant may provide with the reply a list of documents on which the appellant relies in support of the appeal or application, and which—

The appellant must send or deliver a copy of any reply and any accompanying documents to each respondent at the same time as it provides the reply to the Tribunal.

If the appellant provides a reply under rule 28, the respondent must send or deliver to the Tribunal, so that it is received within 14 days after the date on which the respondent received the appellant's reply, a list of any further material which—

If the respondent provides the list to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the response was not provided in time.

The respondent must send or deliver a copy of the list to each other party at the same time as it provides the response to the Tribunal.

If a party has provided a list of documents under rule 27, 28 or 29, that party must within 7 days of receiving a request from another party—

If the Tribunal directs that all the necessary papers in proceedings be sent to the Attorney General under F1section 318(2) and (3) of the Charities Act 2011, the Attorney General must notify the Tribunal whether the Attorney General intends to intervene in the proceedings within 28 days of receiving the papers.

The Attorney General may at any time notify the Tribunal that the Attorney General intends to intervene in the proceedings on the Attorney General's own initiative.

If the Tribunal requests that the Attorney General argue a question in relation to the proceedings under F2section 318(4)(b) of the Charities Act 2011, the Tribunal must provide to the Attorney General—

If the Attorney General notifies the Tribunal that the Attorney General intends to intervene in, or to argue a question in relation to, proceedings under F3section 318(4) of the Charities Act 2011, the Tribunal must hold a case management hearing.

Subject to paragraphs F1(1A), (2) and (3), the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

The Tribunal may dispose of an application under rule 25A (application for an authorised costs order) without a hearing if the Tribunal is satisfied that it can properly determine the issues without a hearing.

This rule does not apply to a decision under Part 4 (correcting, setting aside, reviewing and appealing Tribunal decisions).

The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party's case).

Notwithstanding any other provision in these Rules, if the Tribunal holds a hearing to consider a preliminary issue, and following the disposal of that preliminary issue no further issue remains to be determined, the Tribunal may dispose of the proceedings without holding any further hearing.

Subject to rule 35(4) (exclusion of a person from a hearing) each party is entitled to—

The Tribunal may give a direction permitting or requesting any person to—

The Tribunal must give each person entitled, permitted or requested to attend a hearing (including any adjourned or postponed hearing) reasonable notice of the time and place of the hearing and any changes to the time and place of the hearing.

The period of notice under paragraph (1) in relation to a hearing to consider disposal of the proceedings must be at least 14 days, except that the Tribunal may give shorter notice—

Subject to the following paragraphs, all hearings must be held in public.

The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

The Tribunal may give a direction excluding from any hearing, or part of it—

The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

 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.

is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

considers that it is in the interests of justice to proceed with the hearing.

The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.

The Tribunal may give a decision orally at a hearing.

Subject to rule 14(10) (prevention of disclosure or publication of documents and information), in a standard track case, where the Tribunal makes a decision (other than a decision under Part 4) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e), the Tribunal must provide to each party within 21 days or, if that is not possible, as soon as reasonably practicable after making the decision—

Subject to rule 14(10), in an open track case, where the Tribunal makes a decision (other than a decision under Part 4) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e), the Tribunal must provide to each party as soon as reasonably practicable after making the decision—

If the Tribunal provides a written summary of the reasons under paragraph (2)(b)(i), a party may apply for written reasons for the decision and must do so before making an application for permission to appeal under rule 42 (application for permission to appeal).

An application made under paragraph (4) must be in writing and must be sent or delivered to the Tribunal so that it is received no later than 14 days after the date that the Tribunal sends the decision notice under paragraph (2)(a) to the party making the application.

The Tribunal must send written reasons for the decision to each party as soon as reasonably practicable after receiving an application made under paragraph (4).

The Tribunal may provide a written summary of the reasons or written reasons for any decision to which neither paragraph (2) nor (3) applies.

In this rule—

• “open track case” means a case allocated to the open track by practice direction or under rule 5B(2) (allocation of cases to the standard track or the open track);

• “standard track case” means a case allocated to the standard track by practice direction or under rule 5B(2).

sending notification of the amended decision or direction, or a copy of the amended document, to each party; and

making any necessary amendment to any information published in relation to the decision, direction or document.

The Tribunal may F1, on the application of a party or on its own initiative, set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if—

The conditions are—

A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 28 days after the date on which the Tribunal sent notice of the decision to the party.

If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.

A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.

An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received no later than 28 days after the latest of the dates that the Tribunal sends to the person making the application—

The Tribunal may direct that the 28 days within which a party may send or deliver to the Tribunal an application for permission to appeal against a decision that disposes of a preliminary issue shall run from the date of the decision that disposes of all issues in the proceedings.

The Tribunal may direct that the 28 days within which a party may send or deliver to the Tribunal an application for permission to appeal against a decision that disposes of an application under rule 25A (application for an authorised costs order) shall run from the date of the decision that disposes of all issues in the proceedings brought, or proposed to be brought, before the Tribunal to which the application under rule 25A relates.

The date in paragraph (2)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 41 (setting aside a decision which disposes of proceedings) or any extension of that time granted by the Tribunal.

If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time)—

An application under paragraph (1) must—

On receiving an application for permission to appeal the Tribunal must first consider, taking into account the overriding objective in rule 2, whether to review the decision in accordance with rule 44 (review of a decision).

If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.

The Tribunal must send a record of its decision to the parties as soon as practicable.

If the Tribunal refuses permission to appeal it must send with the record of its decision—

The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.

The Tribunal may only undertake a review of a decision—

The Tribunal must notify the parties in writing of the outcome of any review, and of any right of appeal in relation to the outcome.

If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.