The Tribunal Procedure (Amendment) Rules 2021

Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

3.—(1) Rule 17 (withdrawal) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(1) is amended as follows.

(2) In paragraph (1) omit “and, in the case of a withdrawal of a reference from an ethical standards officer, to the provisions of regulation 5 of the Case Tribunals (England) Regulations 2008,”.

(3) In paragraph (5) for “this rule” substitute “paragraph (2)”.

(4) After paragraph (5) insert—

“(6) The Tribunal must (save for good reason) treat the proceedings as withdrawn if the respondent provides notification in writing to the Tribunal and each other party that the decision or act to which the proceedings relate has been withdrawn or revoked, or that the respondent otherwise does not rely upon the decision or act.

(7) 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.

(8) The Tribunal must notify each party in writing that the proceedings have been treated as withdrawn under paragraph (6).

(9) A party may apply to the Tribunal for proceedings which have been treated as withdrawn under paragraph (6) to be reinstated.

(10) 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).”.

(1)

S.I. 2009/1976; relevant amending instruments are S.I. 2010/43, 2013/477.