The Tribunal Procedure (Amendment No. 3) Rules 2010

Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

3.—(1) The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008(1) are amended as follows.

(2) For rule 1(2) (application) substitute—

“(2) These Rules apply to proceedings before the Health, Education and Social Care Chamber of the First-tier Tribunal.”.

(3) In rule 1(3) (interpretation) after sub-paragraph (d) of the interpretation of “respondent” insert—

“(da) in an application for, or for a review of, a stop order under the National Health Service (Optical Charges and Payments) Regulations 1997(2)—

(i) the supplier, where the Secretary of State is the applicant;

(ii) the Secretary of State, where the supplier is the applicant;

(db) in any other application under the National Health Service Act 2006(3) or regulations having effect as if made under that Act by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006(4)—

(i) the practitioner, performer or person against whom the application is made, where a Primary Care Trust is, or is deemed to be, the applicant;

(ii) the Primary Care Trust that served the notice, obtained the order or confirmation of the order, where any other person is the applicant;”.

(4) In rule 8(9) (striking out a party’s case) at the end, insert “and may summarily determine any or all issues against that respondent.”

(5) In rule 20 (the application notice) for sub-paragraph (a) of paragraph (1) substitute—

“(a) if a time for providing the application notice is specified in Schedule 1 to these Rules (time limits for providing applicant notices and responses),

(i) within the specified time;

(ii) where the Schedule specifies a period of time which must have elapsed or an event which must have occurred before an application may be made, in accordance with that period or occurrence; or”.

(6) The Schedule (time limits for providing application notices and responses), which lists in the first column the type of proceedings, in the second column the time for application notice, and in the third column the time for response, is amended by—

(a) omitting the entry in the Table relating to proceedings under section 28X of the National Health Service Act 1977; and

(b) substituting for the entry in the Table referring to proceedings under section 28I of the Disability Discrimination Act 1995)—

“(a) 2010 c.15”
“Under paragraph 4 of Schedule 17 (disabled pupils: enforcement) to the Equality Act 2010(a).	As set out in paragraph 4 of Schedule 17 to the Equality Act 2010.	30 working days after the respondent received the application notice.

(1)

S.I. 2008/2699, as amended by S.I. 2009/1975 and S.I. 2010/43.

(2)

S.I. 1997/818

(3)

2006 c. 41

(4)

2006 c. 43