The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

Changes over time for: Section 22

Alternative versions:

Status:

Point in time view as at 06/04/2024.

Changes to legislation:

There are currently no known outstanding effects for the The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Section 22.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

The notice of appeal

This section has no associated Explanatory Memorandum

22.—(1) An appellant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of appeal so that it is received—

(a)[F1if a time for providing the notice of appeal is set out in paragraph (6), within that time];

(b)otherwise, within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant.

[F2(1A) The time limit in paragraph (1)(b) does not apply to—

(a)the laying before the Tribunal by the Immigration Services Commissioner of a disciplinary charge under paragraph 9(1)(e) of Schedule 5 to the Immigration and Asylum Act 1999; or

(b)an application by the Immigration Services Commissioner for suspension of a person’s registration under paragraph 4B(1) of Schedule 6 to that Act.]

(2) The notice of appeal must include—

(a)the name and address of the appellant;

(b)the name and address of the appellant's representative (if any);

(c)an address where documents for the appellant may be sent or delivered;

(d)the name and address of any respondent;

(e)details of the decision or act, or failure to decide or act, to which the proceedings relate;

(f)the result the appellant is seeking;

(g)the grounds on which the appellant relies; and

(h)any further information or documents required by a practice direction.

[F3(2A) If the proceedings are an application under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), the appellant must provide with the notice of appeal copies of—

(a)the complaint made to the Information Commissioner, and

(b)any information provided by the Information Commissioner to the appellant about progress on the complaint or of the outcome of the complaint.]

(3) If the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the appellant has or can reasonably obtain.

[F4(3A) If the appeal is brought under section 141 or 337(1) of the Gambling Act 2005, the appellant must provide with the notice of appeal any fee payable to the Tribunal.]

(4) If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time)—

(a)the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b)unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.

(5) When the Tribunal receives the notice of appeal, [F5subject to rule 19(1A) (national security appeals)], it must send a copy of the notice of appeal and any accompanying documents to each respondent.

[F6(6) The time for providing the notice of appeal referred to in paragraph (1)(a) is as follows—

(a)in an appeal against a refusal or revocation of a licence to give driving instruction, within 14 days of the date on which notice of the decision was sent to the appellant;

(b)in an appeal under section 28(4) of the Data Protection Act 1998[F7, sections 27(3), 79(5) or 111(3) of the Data Protection Act 2018] or section 60(1) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), at any time during the currency of the disputed certificate to which it relates;

(c)in an appeal under section 28(6) of the Data Protection Act 1998[F8, sections 27(5), 79(7) or 111(5) of the Data Protection Act 2018] or section 60(4) of the Freedom of Information Act 2000 (including that subsection as applied and modified by regulation 18 of the Environmental Information Regulations 2004), within 28 days of the date on which the claim was made that the certificate applies to the information or data in question;

[F9(cc)in an appeal under section 57(4) of the Freedom of Information Act 2000 as it applies by reason of regulation 19 of the Re-use of Public Sector Information Regulations 2015, within 28 days of the latest date by which the public sector body is required to comply with section 50(4) of that Act.]

(d) in the case of a reference from an ethical standards officer made in accordance with sections 63(3)(b) or section 65(4) of the Local Government Act 2000( a ), within 28 days of the completion of the report made in accordance with sections 63(3)(a) and 65(1) of that Act; F10...

(e)in the case of a reference from a Standards Committee under the Local Government Act 2000 within 28 days of the meeting which decided to make such a reference[F11; or]]

[F12(f)in the case of an application under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), within 28 days of the expiry of six months from the date on which the Commissioner received the complaint.]

[F13(g)in an appeal against a decision of the REACH Agency, within 90 days of the date on which the appellant was first notified, or otherwise became aware, of the decision;]

[F14(h)in an appeal against an agricultural product or foodstuff decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as incorporated into domestic law by section 3(1) of the EUWA;

(i)in an appeal against an aromatised wine decision, within 28 days beginning with the day on which on which notice of the decision is published by the Secretary of State under Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products as incorporated into domestic law by section 3(1) of the EUWA;]

[F15(j)in an appeal against a PDO or PGI wine decision, within 28 days of the date on which the decision was published;]

[F16(k)in an appeal against a spirit drink decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages as incorporated into domestic law by section 3(1) of the EUWA;

(l)in an appeal against a traditional term wine decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation as incorporated into domestic law by section 3(1) of the EUWA] [F17or]

[F18(m)in an appeal under regulation 30(5) or (7) of the Biodiversity Gain Site Register Regulations 2024, within 28 days beginning with the day after the date on which the entry on the biodiversity gain site register was amended or removed.]

[F19(7) In this rule—

“agricultural product or foodstuff decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B to Regulation (EU) No 1151/2012 of the European Parliament and of the Council;

“aromatised wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 2B to Regulation (EU) No 251/2014 of the European Parliament and of the Council;

“EUWA” means the European Union (Withdrawal) Act 2018;

“spirit drink decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 to Regulation (EU) 2019/787 of the European Parliament and of the Council;

“traditional term wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex A2 to Commission Delegated Regulation (EU) 2019/33.]

Textual Amendments

F1Words in rule 22(1)(a) substituted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 27(a)

F2Rule. 22(1A) substituted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), arts. 1(b), 18

F3Rule 22(2A) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 3(6)

F4Rule. 22(3A) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules. 1, 2(4)

F5Words in rule 22(5) substituted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(3)(a)

F6Rule 22(6) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 27(c)

F7Words in rule 22(6)(b) inserted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(3)(b)(i)

F8Words in rule 22(6)(c) inserted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(3)(b)(ii)

F9Rule 22(6)(cc) inserted (21.12.2017) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 1, 10

F10Word in rule 22(6)(d) omitted (30.10.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(3)(b)(iii)

F11Word in rule 22(6)(e) substituted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 4(3)(b)(iv)