# The Tribunal Procedure (Upper Tribunal) Rules 2008, Article 26A: Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal , cases where an offence has been certified and proceedings without notice to a respondent


(1) Paragraphs (2) and (3) apply to—
(a) a case transferred or referred to the Upper Tribunal from the First-tier Tribunal; ...
(b) a case, other than an appeal or a case to which rule 26 (references under the Forfeiture Act 1982) applies, which is started by an application made directly to the Upper Tribunal ; or
(c) a case where an offence has been certified to the Upper Tribunal.
(2) In a case to which this paragraph applies—
(a) the Upper Tribunal must give directions as to the procedure to be followed in the consideration and disposal of the proceedings; ...
(aa) in a reference under section 325 or 326 of the Charities Act 2011, the Upper Tribunal may give directions providing for an application to join the proceedings as a party and the time within which it may be made; and
(b) the preceding rules in this Part will only apply to the proceedings to the extent provided for by such directions.
(3) If a case or matter to which this paragraph applies is to be determined without notice to or the involvement of a respondent—
(a) any provision in these Rules requiring a document to be provided by or to a respondent; and
(b) any other provision in these Rules permitting a respondent to participate in the proceedings
does not apply to that case or matter.
(4) Schedule 2 makes further provision for national security certificate appeals transferred to the Upper Tribunal.

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Source: https://www.legislation.gov.uk/uksi/2008/2698/article/26A (the official version)
Page: https://openlegislation.uk/tribunal-procedure-upper-tribunal-rules-2008/article-26A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

