The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

Citation, commencement, application and interpretation

1.—(1) These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 and come into force on 29th November 2010.

(2) These Rules apply to proceedings before the Lands Chamber of the Upper Tribunal.

(3) In these Rules—

“the 1949 Act” means the Lands Tribunal Act 1949(1);

“the 1961 Act” means the Land Compensation Act 1961(2);

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

“appellant” means a person who sends or delivers a notice of appeal to the Tribunal and any person added or substituted as an appellant under rule 9 (addition, substitution and removal of parties);

“applicant” means a person who makes an application to the Tribunal and includes a person who—

(a)

makes an application under section 84 of the Law of Property Act 1925;

(b)

makes an application under section 2 of the Rights of Light Act 1959;

(c)

applies for permission to appeal;

(d)

in judicial review proceedings transferred to the Tribunal, was a claimant in the proceedings immediately before they were transferred; or

(e)

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

“claimant” means a party to a reference sent or delivered under Part 5 (references) who is not a respondent authority, acquiring authority or compensating authority or has been added or substituted as a claimant under rule 9 (addition, substitution and removal of parties);

“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;

“objector” means a person who gives to the Tribunal notice of objection to an application under section 84 of the Law of Property Act 1925;

“party” means—

(a)

an appellant;

(b)

an applicant;

(c)

a claimant;

(d)

a respondent authority, an acquiring authority or a compensating authority in a reference made under Part 5 (references);

(e)

an objector;

(f)

a respondent; or

(g)

in a case transferred to the Tribunal, any person who was a party to the proceedings immediately before the transfer or who has been added or substituted as a party under rule 9 (addition, substitution and removal of parties);

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

“respondent” means—

(a)

in an application for permission to appeal or in an appeal against a decision of a tribunal, any person other than the applicant or the appellant who was a party in the proceedings before that tribunal and who—

(i)

was present or represented at the hearing before that tribunal; or

(ii)

where the proceedings were determined without a hearing, made representations in writing to that tribunal,

unless the person has ceased to be a respondent under rule 25(2) (respondent’s notice);

(b)

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

(c)

in a reference made under Part 5 (references) by consent, any person other than the claimant;

“Tribunal” means the Lands Chamber of the Upper Tribunal.

(1)

1949 c. 42

(2)

1961 c. 33