PART 3 [F1 Procedure for cases in] the Upper Tribunal

Textual Amendments

F1 Words in Pt. 3 substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 13

[F2 Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal [F3 , cases where an offence has been certified] and proceedings without notice to a respondent

26A.— [F4 (1) Paragraphs (2) and (3) apply to—

(a) a case transferred or referred to the Upper Tribunal from the First-tier Tribunal; F5 ...

(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 [F6 ; or]]

[F7 (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; F8 ...

[F9 (aa) in a reference under [F10 section 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.]

[F11 (4) Schedule 2 makes further provision for national security certificate appeals transferred to the Upper Tribunal.]

Textual Amendments

F2 Rule 26A inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 16

F3 Words in rule 26A heading inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 2(5)(a) (with rule 6)

F4 Rule 26A(1) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 19

F5 Word in rule 26A(1)(a) omitted (3.6.2019) by virtue of The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 2(5)(b)(i) (with rule 6)

F6 Word in rule 26A(1)(b) substituted for full stop (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 2(5)(b)(ii) (with rule 6)

F7 Rule 26A(1)(c) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 2(5)(b)(iii) (with rule 6)

F8 Word in rule 26A(2)(a) omitted (6.4.2012) by virtue of The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 5(2)(a)

F9 Rule 26A(2)(aa) inserted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 5(2)(b)

F10 Words in rule 26A(2)(aa) substituted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 5(3)

F11 Rule 26A(4) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 10