The Tribunal Procedure (Amendment No. 3) Rules 2010

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Tribunal Procedure Rules applied by the First-tier Tribunal and Upper Tribunal. The changes, apart from minor refinements to maintain the common style of the Rules, are as follows.

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976) as to the circumstances in which the Gambling Commission may have to pay the costs of a successful appellant.

Rule 3 amends the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699). They add to the definition of “respondent” to identify the appropriate respondents in applications made under the National Health Service Act 2006 (c.41) and regulations made under that Act.

Rules 3(6) and 5(4) make minor amendments to the Schedules identifying time limits for certain proceedings in the Health, Education and Social Care Chamber and the Social Entitlement Chamber respectively.

Rule 6 amends the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 to reflect the addition of MP expenses cases to that Chamber. They make a number of additions and amendments to definitions to reflect this. Amendments to rules relating to costs, time limits and the allocation of cases have also been amended to reflect the addition of this jurisdiction. The amendment to rule 1(3) amends the definition of HMRC to reflect the functions of the recently established Director of Border Revenue. The amendment to rule 28, which deals with the transfer of cases to the Upper Tribunal, provides that a preliminary issue may be transferred to the Upper Tribunal.

Rule 7 amends the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (S.I. 2008/2686) governing lapse of cases in that Chamber.

Rule 8 inserts a new rule 48 into the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698). The Tribunal can treat certain post decision applications (to correct, set aside or review a decision and applications for permission to appeal) as interchangeable.