The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

Citation, commencement, application and interpretation

1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and come into force on 1st September 2009.

[F1 (2) These Rules apply to proceedings before the General Regulatory Chamber of the First-tier Tribunal [F2 , including where the Tribunal exercises its jurisdiction under section 61(4) of the Freedom of Information Act 2000 and section 202(2) of the Data Protection Act 2018].]

(3) In these Rules—

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

“appellant” means a person who—

(a)

commences Tribunal proceedings, whether by making an appeal, an application, a claim, a complaint, a reference or otherwise; or

(b)

is added or substituted as an appellant under rule 9 (addition, substitution and removal of parties);

[F3 “certification case” means a case in which the Tribunal may certify an offence to the Upper Tribunal under section 61(4) of the Freedom of Information Act 2000 or section 202(2) of the Data Protection Act 2018;]

“charities case” means an appeal or application in respect of a decision, order or direction of the Charity Commission, or a reference under Schedule 1D of the Charities Act 1993;

“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;

F4 ...

“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;

“notice of appeal” means a document which starts proceedings;

“party” means—

(a)

a person who is an appellant or a respondent;

(b)

if the proceedings have been concluded, a person who was an appellant or a respondent when the Tribunal finally disposed of all issues in the proceedings;

[F5 “PDO or PGI wine decision” means a decision of the Secretary of State to approve or reject an application made under Article 94 of Regulation 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products for protection of a wine name as a designation of origin or geographical indication;]

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

[F6 “REACH Agency” means the “Agency” as defined in Article 3(18) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;]

“respondent” means—

(a)

in proceedings appealing against or challenging a decision, direction or order, the person who made the decision, direction or order appealed against or challenged;

(b)

a person against whom an appellant otherwise brings proceedings; or

(c)

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

“transport case” means proceedings under the Road Traffic Act 1988 M1 , the Road Traffic Offenders Act 1988 M2 , the Greater London Authority Act 1999 M3 , the Postal Services Act 2000 M4 , the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 M5 [F7 , the European Communities (Recognition of Professional Qualifications) Regulations 2007 and the European Union (Recognition of Professional Qualifications) Regulations 2015];

“Tribunal” means the First-tier Tribunal.

Textual Amendments

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

F2 Words in rule 1(2) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 3(2)(a)

F3 Words in rule 1(3) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 3(2)(b)

F4 Words in rule 1(3) omitted (1.4.2011) by virtue of The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), arts. 1(2)(a), 2(2)

F5 Words in rule 1(3) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 60; 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in rule 1(3) inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 11 para. 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in rule 1 substituted (18.1.2016) by The European Union (Recognition of Professional Qualifications) Regulations 2015 (2015/2059), regs. 1, 76(2)

Modifications etc. (not altering text)

C1 Rule applied (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 3 para. 6(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Marginal Citations

M1 1988 c. 52.

M2 1988 c. 53.

M3 1999 c. 29.

M4 2000 c. 26.

M5 S.I. 2007/605.