PART 3Procedure for cases in the Upper Tribunal

F1Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal F2, cases where an offence has been certified and proceedings without notice to a respondent26A.

F3(1)

Paragraphs (2) and (3) apply to—

(a)

a case transferred or referred to the Upper Tribunal from the First-tier Tribunal; F4...

(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 F5; or

F6(c)

a case where an offence has been certified 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; F7...

F8(aa)

in a reference under F9section 325 or 326 of the Charities Act 2011, 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.

F10(4)

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