This rule applies to charities cases F2and proceedings under the Data Protection Act 1998 F6, the Data Protection Act 2018 and the Freedom of Information Act 2000 (including those Acts as applied and modified by the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Environmental Information Regulations 2004).

On receiving a notice of appeal in an appeal under section 28 of the Data Protection Act 1998 F7, sections 27, 79 or 111 of the Data Protection Act 2018 or section 60 of the Freedom of Information Act 2000 (including that section as applied and modified by regulation 18 of the Environmental Information Regulations 2004) (appeals in relation to national security certificates) the Tribunal must transfer the case to the Upper Tribunal without taking further action in relation to the appeal.

F4In any other case, the Tribunal may refer a case or a preliminary issue to the President of the General Regulatory Chamber F5of the First-tier Tribunal with a request that the case or issue be considered for transfer to the Upper Tribunal.

If a case or issue has been referred by the Tribunal under paragraph (2), the President of the General Regulatory Chamber may, with the concurrence of the President of the appropriate Chamber of the Upper Tribunal, direct that the case or issue be transferred to and determined by the Upper Tribunal.