The Tribunal Procedure (Amendment) Rules 2019

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

3.—(1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(1) are amended as follows.

(2) In rule 1 (citation, commencement, application and interpretation)—

(a) in paragraph (2), after “First-tier Tribunal” insert “, including where the Tribunal exercises its jurisdiction under section 61(4) of the Freedom of Information Act 2000(2) and section 202(2) of the Data Protection Act 2018(3)”;

(b) in paragraph (3), after the definition of “appellant”, insert—

““certification case” means a case in which the Tribunal may certify an offence to the Upper Tribunal under section 61(4) of the Freedom of Information Act 2000 or section 202(2) of the Data Protection Act 2018;”.

(3) After rule 7 (failure to comply with rules, practice directions or tribunal directions), insert—

“Certification

7A.— (1) This rule applies to certification cases.

(2) An application for the Tribunal to certify an offence to the Upper Tribunal must be made in writing and must be sent or delivered to the Tribunal so that it is received no later than 28 days after the relevant act or omission (as the case may be) first occurs.

(3) The application must include—

(a) details of the proceedings giving rise to the application;

(b) details of the act or omission (as the case may be) relied on;

(c) if the act or omission (as the case may be) arises following, and in relation to, a decision of the Tribunal, a copy of any written record of that decision;

(d) if the act or omission (as the case may be) arises following, and in relation to, an order of the Tribunal under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), a copy of the order;

(e) the grounds relied on in contending that if the proceedings in question were proceedings before a court having power to commit for contempt, the act or omission (as the case may be) would constitute contempt of court;

(f) a statement as to whether the applicant would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate, and

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

(4) If an application is provided to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time)—

(a) the application must include a request for an extension of time and the reason why the application was not provided in time, and

(b) unless the Tribunal extends time for the application, the Tribunal must not admit the application.

(5) When the Tribunal admits the application, it must send a copy of the application and any accompanying documents to the respondent and must give directions as to the procedure to be followed in the consideration and disposal of the application.

(6) A decision disposing of the application will be treated by the Tribunal as a decision which finally disposes of all issues in the proceedings comprising the certification case and rule 38 (decisions) will apply.”.

(4) In the heading above rule 21 (application of Chapter 1), after “charities cases” insert “or certification cases”.

(5) In rule 21, after “charities cases” insert “or certification cases (to which rule 7A applies)”.

(6) In rule 22 (the notice of appeal), after paragraph (2), insert—

“(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.”.

(1)

S.I. 2009/1976. Rule 1(2) was substituted by S.I. 2010/2653; there are amendments to rule 1(3) that are not relevant. There are amendments to rule 22 that are not relevant. There are other amending instruments but none is relevant to these Rules.

(2)

2000 c. 36. Section 61 was substituted by paragraph 60 of Schedule 19 to the Data Protection Act 2018 (c. 12).

(3)

2018 c. 12. Section 166 is due to be amended by S.I. 2019/419 (to come into force in full on exit day in accordance with regulation 1(2)).