PART 3F2Procedure for cases in the Upper Tribunal

Annotations:
Amendments (Textual)
F2

Words in Pt. 3 substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 13

F1Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal and proceedings without notice to a respondent26A

F31

Paragraphs (2) and (3) apply to—

a

a case transferred or referred to the Upper Tribunal from the First-tier Tribunal; or

b

a case, other than an appeal or a case to which rule 26 (references under the Forfeiture Act 1982) applies, which is started by an application made directly to the Upper Tribunal.

2

In a case to which this paragraph applies—

a

the Upper Tribunal must give directions as to the procedure to be followed in the consideration and disposal of the proceedings; F5...

F6aa

in a reference under Schedule 1D of the Charities Act 1993, the Upper Tribunal may give directions providing for an application to join the proceedings as a party and the time within which it may be made; and

b

the preceding rules in this Part will only apply to the proceedings to the extent provided for by such directions.

3

If a case or matter to which this paragraph applies is to be determined without notice to or the involvement of a respondent—

a

any provision in these Rules requiring a document to be provided by or to a respondent; and

b

any other provision in these Rules permitting a respondent to participate in the proceedings

does not apply to that case or matter.

F44

Schedule 2 makes further provision for national security certificate appeals transferred to the Upper Tribunal.