The Tribunal Procedure (Amendment No. 3) Rules 2014

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the rules of procedure which apply in some of the chambers of the First-tier Tribunal and Upper Tribunal.

Rules 2 to 16 make amendments to the rules of the Upper Tribunal. The amendments made by rules 5, 6, 8 to 10, 11, 12, 14 and 15 concern appeals in immigration and asylum cases in the Upper Tribunal, most particularly fast track cases where the appellant is detained under the Immigration Acts. They also make changes reflecting the coming into force in October 2014 of new Tribunal Procedure Rules for the Immigration and Asylum Chamber of the First-tier Tribunal.

Rules 17 and 18 amend the rules of the General Regulatory Chamber of the First-tier Tribunal. The amendments ensure that the general time limits for appealing do not apply to cases where the Immigration Services Commissioner is making an application for suspension of a person’s registration.

Rules 19 to 28 amend the rules of the Health, Education and Social Care Chamber of the First-tier Tribunal. They relate to changes made by Part 3 of the Children and Families Act 2014 (c. 6) (children and young people in England with special educational needs or disabilities) and the Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530) made under that Act. They make provision, in particular, where young persons bring appeals themselves in cases relating to special educational needs or disability discrimination in schools, for matters such as the need for permission to appeal if no mediation certificate has been issued, the time limits for appealing, and they cover matters such as their right to be represented, attend the hearing, give evidence and make submissions to the Tribunal. A related saving provision is contained in rule 38.

Rule 28 introduces a three month time limit for appeals to the Tribunal under section 129 of the Education and Skills Act 2008 (c. 25).

Rules 29 to 32 amend the rules of the Property Chamber of the First-tier Tribunal. The amendments reflect the recent conferral by the Mobile Homes Act 2013 (c. 14) of further jurisdiction relating to mobile homes and caravan sites.

Rules 33 to 37 amend the rules of the Social Entitlement Chamber of the First-tier Tribunal. The amendments relate to the circumstances in which joint claimants in social security and child support cases can request that the Tribunal keeps certain information confidential, namely their own, or their child’s, address. A similar amendment is made by Rule 7 to the rules of the Upper Tribunal for cases which are heard in that Tribunal.

The other changes revoke obsolete provisions or are minor corrections or improvements.