SCHEDULE 4Transitional and saving provisions

Transitional and saving provisions2

1

The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal by virtue of paragraph 1.

2

Where a hearing began before 1st September 2009 but was not completed by that date, the First-tier Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.

3

The First-tier Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—

a

apply any provision in procedural rules which applied to the proceedings before 1st September 2009; or

b

disapply provisions of Tribunal Procedure Rules.

4

In sub-paragraph (3) “procedural rules” means provision (whether called rules or not) regulating practice or procedure before a tribunal.

5

Any direction or order given or made in proceedings which is in force immediately before 1st September 2009 remains in force on and after that date as if it were a direction or order of the First-tier Tribunal.

6

A time period which has started to run before 1st September 2009 and which has not expired shall continue to apply.

7

An order for costs may only be made if, and to the extent that, an order could have been made before 1st September 2009.