The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

Citation, commencement, application and interpretation U.K.

1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 and come into force on 3rd November 2008.

[F1 (2) These Rules apply to proceedings before the Health, Education and Social Care Chamber of the First-tier Tribunal.]

(3) In these Rules—

“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

“applicant” means a person who—

(a)

starts Tribunal proceedings, whether by making an application, an appeal, a claim or a reference;

(b)

makes an application to the Tribunal for leave to start such proceedings; or

(c)

is substituted as an applicant under rule 9(1) (substitution and addition of parties);

“childcare provider” means a person who is a childminder or provides day care as defined in section 79A of the Children Act 1989 M1 , or a person who provides childcare as defined in section 18 of the Childcare Act 2006 M2 ;

“disability discrimination in schools case” means proceedings concerning disability discrimination in the education of a child or related matters;

“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;

“document” means anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

“Health, Education and Social Care Chamber” means the Health, Education and Social Care Chamber of the First-tier Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008;

“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

“legal representative” means [F2 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act];

“mental health case” means proceedings brought under the Mental Health Act 1983 M3 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M4 ;

“nearest relative” has the meaning set out in section 26 of the Mental Health Act 1983;

“party” means—

(a)

in a mental health case, the patient, the responsible authority, the Secretary of State (if the patient is a restricted patient or in a reference under rule 32(8) (seeking approval under section 86 of the Mental Health Act 1983)), and any other person who starts a mental health case by making an application;

(b)

in any other case, a person who is an applicant or respondent in proceedings before the Tribunal or, if the proceedings have been concluded, a person who was an applicant or respondent when the Tribunal finally disposed of all issues in the proceedings;

“patient” means the person who is the subject of a mental health case;

“practice direction” means a direction given under section 23 of the 2007 Act;

“respondent” means—

(a)

in an appeal against an order made by a justice of the peace under section 79K of the Children Act 1989 M5 , section 20 of the Care Standards Act 2000 M6 or section 72 of the Childcare Act 2006, the person who applied to the justice of the peace for the order;

(b)

in an appeal against any other decision, the person who made the decision;

(c)

in proceedings on a claim under section 28I of the Disability Discrimination Act 1995 M7 , the body responsible for the school as determined in accordance with paragraph 1 of Schedule 4A to that Act or, if the claim concerns the residual duties of a local education authority under section 28F of that Act, that local education authority;

(d)

in proceedings on an application under section 4(2) of the Protection of Children Act 1999 M8 or section 86(2) of the Care Standards Act 2000, the Secretary of State; or

(da)

[F3 in an application for, or for a review of, a stop order under the National Health Service (Optical Charges and Payments) Regulations 1997—

(i)

the supplier, where the Secretary of State is the applicant;

(ii)

the Secretary of State, where the supplier is the applicant;

(db)

in any other application under the National Health Service Act 2006 or regulations having effect as if made under that Act by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006—

(i)

the practitioner, performer or person against whom the application is made, where a Primary Care Trust is, or is deemed to be, the applicant;

(ii)

the Primary Care Trust that served the notice, obtained the order or confirmation of the order, where any other person is the applicant;]

(e)

a person substituted or added as a respondent under rule 9 (substitution and addition of parties);

“responsible authority” means—

(a)

in relation to a patient detained under the Mental Health Act 1983 in a hospital within the meaning of Part 2 of that Act, the managers (as defined in section 145 of that Act);

(b)

in relation to a patient subject to guardianship, the responsible local social services authority (as defined in section 34(3) of the Mental Health Act 1983);

(c)

in relation to a community patient, the managers of the responsible hospital (as defined in section 145 of the Mental Health Act 1983);

(d)

in relation to a patient subject to after-care under supervision, the Primary Care Trust or Local Health Board which has the duty to provide after-care for the patient.

“restricted patient” has the meaning set out in section 79(1) of the Mental Health Act 1983;

“special educational needs case” means proceedings concerning the education of a child who has or may have special educational needs;

“Suspension Regulations” means regulations which provide for a right of appeal against a decision to suspend, or not to lift the suspension of, a person's registration as a childcare provider;

“Tribunal” means the First-tier Tribunal;

“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 M9 .

Textual Amendments

F1 Rule 1(2) substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 3(2)

F2 Words in rule 1(3) substituted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 15

F3 Words in rule 1(3) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 3(3)

Marginal Citations

M1 1989 c.41. Section 79A was inserted by section 79(1) of the Care Standards Act 2000 (c.14).

M2 2006 c.21.

M3 1983 c.20.

M4 1984 c.47.

M5 1989 c.41. Section 79K was inserted by section 79(1) of the Care Standards Act 2000 (c.14).

M6 2000 c.14.

M7 1995 c.50. Section 28F was inserted by section 16 of the Special Educational Needs and Disability Act 2001 (c.10), section 28I was inserted by section 18 of that Act, and Schedule 4A was inserted by section 11(2) of, and Schedule 2 to, that Act.

M8 1999 c.14.

M9 1971 c.80.