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

Procedure for applying for a stay of a decision pending an appeal

20.—(1) This rule applies where [F1 rule 19A or] another enactment provides in any terms for the Tribunal to stay [F2 (or, in Scotland, sist)] or suspend, or to lift a stay [F3 (or, in Scotland, sist)] or suspension of, a decision which is or may be the subject of an appeal to the Tribunal (“the substantive decision”) pending such appeal, including an enactment which provides for—

(a) an appeal to the Tribunal against a decision not to stay [F4 (or, in Scotland, sist)] the effect of the substantive decision pending an appeal; or

(b) an application to the Tribunal for an order that the substantive decision shall take effect immediately.

(2) A person who wishes the Tribunal to decide whether the substantive decision should be stayed [F5 (or, in Scotland, sisted)] or suspended must make a written application to the Tribunal which must include—

(a) the name and address of the person making the application;

(b) the name and address of any representative of that person;

(c) the address to which documents for that person should be sent or delivered;

(d) the name and address of any person who will be a respondent to the appeal;

(e) details of the substantive decision and any decision as to when that decision is to take effect, and copies of any written record of, or reasons for, those decisions; and

(f) the grounds on which the person making the application relies.

(3) In the case of an appeal against a refusal by the registrar to stay [F6 (or, in Scotland, sist)] a decision to refuse an application for registration as a driving instructor, an application under paragraph (2) must be sent or delivered to the Tribunal so that it is received within 10 days after the date on which the registrar sent notice of the refusal to the person making the application.

(4) If the Tribunal grants a stay [F7 (or, in Scotland, sist)] or suspension following an application under this rule—

(a) the Tribunal may give directions as to the conduct of the appeal of the substantive decision; and

(b) the Tribunal may, where appropriate, grant the stay [F8 (or, in Scotland, sist)] or suspension subject to conditions.

(5) Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any decision made under this rule to each party.

Textual Amendments

F1 Words in rule 20(1) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(a)(i)

F2 Words in rule 20(1) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(a)(ii)

F3 Words in rule 20(1) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(a)(ii)

F4 Words in rule 20(1)(a) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(a)(ii)

F5 Words in rule 20(2) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(b)

F6 Words in rule 20(3) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(c)

F7 Words in rule 20(4) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(d)

F8 Words in rule 20(4) inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 26(d)