The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020

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

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

(2) After rule 5 (case management powers), insert—

“Coronavirus temporary rule (decisions without a hearing)

5A.— (1) Notwithstanding anything in rule 22 (order that a school be regarded as not registered pending determination of an appeal), rule 23 (decision with or without a hearing), rule 35 (restrictions on disposal of proceedings without a hearing) or rule 37 (time and place of hearings), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.

(2) The conditions are—

(a) the matter is urgent;

(b) it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and

(c) it is in the interests of justice to do so.

(3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.”.

(3) In rule 26 (public and private hearings), after paragraph (3), insert—

“(3A) Without prejudice to paragraph (3), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(c) a media representative is not able to access the proceedings remotely while they are taking place; and

(d) such a direction is necessary to secure the proper administration of justice.”.

(4) After rule 26 (public and private hearings), insert—

“Coronavirus temporary rule (recording of remote hearings)

26A.— (1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

(2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

(3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

(a) held in private under rule 26(3A); or

(b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.”.

(5) In rule 37 (time and place of hearings)—

(a) in paragraph (1)—

(i) at the beginning, insert “Subject to paragraph (1A),”; and

(ii) for “7”, substitute “10”;

(b) after paragraph (1), insert—

“(1A) If the Tribunal considers that it is not reasonably practicable for a hearing to start within the period specified in paragraph (1), the hearing must start within such time as the Tribunal may direct.”.

(1)

S.I. 2008/2699; relevant amending instruments are S.I. 2014/514 and S.I. 2014/2128.