The Tribunal Procedure (Amendment No. 2) Rules 2009

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

17.  In rule 23 (notice of appeal)—

(a) for paragraphs (1) and (2) substitute—

“(1) This rule applies—

(a) to proceedings on appeal to the Upper Tribunal for which permission to appeal is not required, except proceedings to which rule 26A applies;

(b) if another tribunal has given permission for a party to appeal to the Upper Tribunal; or

(c) subject to any other direction by the Upper Tribunal, if the Upper Tribunal has given permission to appeal and has given a direction that the application for permission to appeal does not stand as the notice of appeal.

(2) The appellant must provide a notice of appeal to the Upper Tribunal so that it is received within 1 month after—

(a) the date that the tribunal that gave permission to appeal sent notice of such permission to the appellant; or

(b) if permission to appeal is not required, the date on which notice of decision to which the appeal relates was sent to the appellant.”; and

(b) for paragraph (6) substitute—

“(6) When the Upper Tribunal receives the notice of appeal it must send a copy of the notice and any accompanying documents—

(a) to each respondent; or

(b) in an appeal against the decision of a traffic commissioner, to—

(i) the traffic commissioner;

(ii) the appropriate national authority; and

(iii) in a case relating to the detention of a vehicle, the authorised person.”.