The Tribunal Procedure (Amendment) Rules 2015

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the rules of procedure which apply in certain chambers of the First-tier Tribunal and Upper Tribunal. They mainly update those rules of procedure to reflect recent changes in primary legislation.

Rules 2 to 7 amend the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) (“Upper Tribunal Rules”). They introduce provisions for appeals relating to bus quality contracts schemes made under Part 2 of the Transport Act 2000 (c. 26) following the conferral of jurisdiction on the Upper Tribunal by the Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65).

Rule 7 inserts Schedule A1 (Procedure in Quality Contracts Schemes Cases) into the Upper Tribunal Rules. It adds provisions regarding the documentation needed in such cases and places duties on the respondent to ensure that such documentation is available for inspection. The Schedule also makes further provision as to adding further parties to the proceedings.

Rules 8 to 10 amend the Tribunal Procedure (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699). Rule 9 amends the definition of respondent. In appeals against an order made by a justice of the peace, the respondent is always the person who applied for that order. It identifies the correct respondent in claims under Schedule 17 to the Equality Act 2010 (c. 15) for schools of different types. Rule 10 updates the rule relating to circumstances in which a person requires permission to appeal to the Tribunal by adding in reference to regulation 20(3) of the Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62).

Rules 11 to 17 and the Schedule amend the Tribunal Procedure (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2699). The definition of “special educational needs case” is amended consequential on the Children and Families Act 2014 (c. 6) so as to cover the special educational needs of detained children and young persons under 18. A similar amendment is made by rule 3(b) to the same definition in the Upper Tribunal Rules.

Rules 15 to 17 amend rules 22, 23 and Schedule 1 of the First-tier Tribunal (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2685) to clarify which appeals should be lodged directly at the Tribunal and which should still be lodged with the decision making Department or body. They reflect more clearly the position which now exists in relation to mandatory reconsideration of certain decisions before appeal rights are exercised.

Rule 18 is a saving provision that the amendments to rules 23 and Schedule 1 do not apply to HMRC decisions made before 6th April 2014.