The Tribunal Procedure (Upper Tribunal) Rules 2008

Changes over time for: Section 11

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Point in time view as at 01/11/2013.

Changes to legislation:

The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 11 is up to date with all changes known to be in force on or before 16 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Representatives

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11.—(1) [F1Subject to paragraph (5A),] a party may appoint a representative (whether a legal representative or not) to represent that party in the proceedings [F2save that a party in an asylum or immigration case may not be represented by any person prohibited from representing by section 84 of the Immigration and Asylum Act 1999].

(2) If a party appoints a representative, that party (or the representative if the representative is a legal representative) must send or deliver to the Upper Tribunal F3... written notice of the representative's name and address.

[F4(2A) If the Upper Tribunal receives notice that a party has appointed a representative under paragraph (2), it must send a copy of that notice to each other party.]

(3) Anything permitted or required to be done by a party under these Rules, a practice direction or a direction may be done by the representative of that party, except signing a witness statement.

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

(a)must provide to the representative any document which is required to be provided to the represented party, and need not provide that document to the represented party; and

(b)may assume that the representative is and remains authorised as such until they receive written notification that this is not so from the representative or the represented party.

(5) [F5Subject to paragraph (5B),] at a hearing a party may be accompanied by another person whose name and address has not been notified under paragraph (2) but who, subject to paragraph (8) and with the permission of the Upper Tribunal, may act as a representative or otherwise assist in presenting the party's case at the hearing.

[F6(5A) In [F7immigration judicial review] proceedings, a party may appoint as a representative only a person authorised under the Legal Services Act 2007 to undertake the conduct of litigation in the High Court.

(5B) At a hearing of [F8immigration judicial review] proceedings, rights of audience before the Upper Tribunal are restricted to persons authorised to exercise those rights in the High Court under the Legal Services Act 2007.]

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

(7) In a mental health case if the patient has not appointed a representative the Upper Tribunal may appoint a legal representative for the patient where—

(a)the patient has stated that they do not wish to conduct their own case or that they wish to be represented; or

(b)the patient lacks the capacity to appoint a representative but the Upper Tribunal believes that it is in the patient's best interests for the patient to be represented.

(8) In a mental health case a party may not appoint as a representative, or be represented or assisted at a hearing by—

(a)a person liable to be detained or subject to guardianship or after-care under supervision, or who is a community patient, under the Mental Health Act 1983; or

(b)a person receiving treatment for mental disorder at the same hospital [F9or] home as the patient.

[F10(9) In this rule “legal representative” means [F11a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act], [F12a qualified person as defined in section 84(2) of the Immigration and Asylum Act 1999,] an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland.]

[F13(10) In an asylum case or an immigration case, an appellant’s representative before the First-tier Tribunal will be treated as that party’s representative before the Upper Tribunal, unless the Upper Tribunal receives notice—

(a)of a new representative under paragraph (2) of this rule; or

(b)from the appellant stating that they are no longer represented.]

Textual Amendments

F1Words in rule 11(1) inserted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 6(a)

F2Words in rule 11(1) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 8(a)

F3Words in rule 11(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 8(a)

F4Words in rule 11(2A) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 8(b)

F5Words in rule 11(5) inserted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 6(b)

F6Rule 11(5A)(5B) inserted (17.10.2011) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I. 2011/2343), rules 1, 6(c)

F7Words in rule 11(5A) substituted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 7

F8Words in rule 11(5B) substituted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 7

F9Word in rule 11(8)(b) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 12