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Paragraph 9 References by third partiesF1

(1)

In the case of any reference made by an applicant under section 393 of the 2000 ActF2, regulation 40 of the 2013 Regulations or regulation 40 of the 2013 (NI) Regulations (third party rights) these rules apply subject to the modifications set out in this paragraph.

(2)

In this paragraph—

(a)

if the reference was made under section 393(9) of the 2000 ActF3, regulation 40(9) of the 2013 Regulations or regulation 40(9) of the 2013 (NI) Regulations (reference to the Upper Tribunal by a third party to whom a decision notice was copied), the notice of the decision in respect of which the reference has been made is the decision notice which was copied to the applicant by the respondent F4that gave the notice; and

(b)

if the reference was made under section 393(11) of the 2000 ActF5, regulation 40(11) of the 2013 Regulations or regulation 40(11) of the 2013 (NI) Regulations (reference to the Upper Tribunal by a third party who alleges that they were not given a copy of a decision notice), the notice of the decision in respect of which the reference has been made is the decision notice which the applicant alleges was not copied to them.

(3)

If the reference was made under section 393(11) of the 2000 ActF6, regulation 40(11) of the 2013 Regulations or regulation 40(11) of the 2013 (NI) Regulations, paragraph 2(4) does not apply.

(F74)

The duties of a respondent to—

(a)

set out information under paragraphs 4(2), 4A(2), 4A(4) or 4A(5); or

(b)

list material under paragraphs 4(3), 4A(6) or 6(1);

apply only to information or material which relate to the matters referred to the Upper Tribunal in accordance with section 393(9) or (as the case may be) section 393(11) of the 2000 ActF8, regulation 40(9) or, as the case may be, regulation 40(11) of the 2013 Regulations, or regulation 40(9) or, as the case may be, regulation 40(11) of the 2013 (NI) Regulations.

Annotations

Textual amendments

F1

Sch. 3 inserted (6.4.2010) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2010 (S.I. 2010/747), rules 1, 13

F2

Words in Sch. 3 para. 9(1) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(e)(i)

F3

Words in Sch. 3 para. 9(2)(a) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(e)(ii)

F4

Words in Sch. 3 para. 9(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(13)(a)

F5

Words in Sch. 3 para. 9(2)(b) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(e)(iii)

F6

Words in Sch. 3 para. 9(3) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(e)(iv)

F7

Sch. 3 para. 9(4) substituted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(13)(b)

F8

Words in Sch. 3 para. 9(4) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(e)(v)

Notes on Schedule 3

Textual amendments

F2

Words in Sch. 3 heading inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 12