The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

Entry directions

18A

• (1) This rule applies to an appeal against a decision of, or notice issued by, the Information Commissioner.

• (2) The Tribunal may give a direction (“an entry direction”) requiring the occupier of any premises (“the occupier”), including a party, to permit entry to specified persons in order to allow such persons to—

• (a) inspect, examine, operate or test relevant equipment;

• (b) inspect, examine or test relevant materials.

• (3) In paragraph (2)—

• “relevant equipment” means equipment on the premises used or intended to be used in connection with the processing of personal data, or the storage, recording or deletion of other information; and

• “relevant materials” means any documents and other materials on the premises connected with the processing of personal data, or the storage, recording or deletion of other information.

• (4) A direction under paragraph (2) may not require a person to permit the inspection, examination or testing of any document or other materials which a person could not be compelled to produce in the trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.

• (5) A direction under paragraph (2) must specify the date and time at which the entry is to take place.

• (6) The Tribunal must send a copy of the direction to the occupier so that it is received at least 7 days before the date specified for the entry.

Transfer of ... cases to the Upper Tribunal

Power to stay or sist decision pending an appeal to, or decision by, the Tribunal

19A

• (1) The Tribunal may suspend the effect of a decision of the Gambling Commission (whether or not the decision has already taken effect) while an appeal against that decision—

• (a) could be brought within the time required by these Rules; or

• (b) has been brought and has not yet been finally determined or withdrawn.

• (2) In an appeal against a decision of the Immigration Services Commissioner, the Tribunal may direct that while the appeal is being dealt with the decision appealed against shall have—

• (a) no effect; or

• (b) only such limited effect as is specified in the direction.

• (3) If the Tribunal makes a direction under paragraph (2), the Tribunal must consider any application by the Immigration Services Commissioner for the cancellation or variation of the direction.

• (4) The Tribunal may vary or cancel a direction made under paragraph 9(3) of Schedule 5 to the Immigration and Asylum Act 1999 (interim directions pending the decision of the Tribunal).

Procedure for applying for a stay of a decision pending an appeal

Certification

7A

• (1) This rule applies to certification cases.

• (2) An application for the Tribunal to certify an offence to the Upper Tribunal must be made in writing and must be sent or delivered to the Tribunal so that it is received no later than 28 days after the relevant act or omission (as the case may be) first occurs.

• (3) The application must include—

• (a) details of the proceedings giving rise to the application;

• (b) details of the act or omission (as the case may be) relied on;

• (c) if the act or omission (as the case may be) arises following, and in relation to, a decision of the Tribunal, a copy of any written record of that decision;

• (d) if the act or omission (as the case may be) arises following, and in relation to, an order of the Tribunal under section 166(2) of the Data Protection Act 2018 (orders to progress complaints), a copy of the order;

• (e) the grounds relied on in contending that if the proceedings in question were proceedings before a court having power to commit for contempt, the act or omission (as the case may be) would constitute contempt of court;

• (f) a statement as to whether the applicant would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate, and

• (g) any further information or documents required by a practice direction.

• (4) If an application is provided to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time)—

• (a) the application must include a request for an extension of time and the reason why the application was not provided in time, and

• (b) unless the Tribunal extends time for the application, the Tribunal must not admit the application.

• (5) When the Tribunal admits the application, it must send a copy of the application and any accompanying documents to the respondent and must give directions as to the procedure to be followed in the consideration and disposal of the application.

• (6) A decision disposing of the application will be treated by the Tribunal as a decision which finally disposes of all issues in the proceedings comprising the certification case and rule 38 (decisions) will apply.

Striking out a party's case

Addition, substitution and removal of parties

Orders for costs

Representatives

Calculating time

Sending and delivery of documents

Prevention of disclosure or publication of documents and information

Disclosure, evidence and submissions

Summoning or citation of witnesses and orders to answer questions or produce documents

Withdrawal

Lead cases

Entry directions

Transfer of ... cases to the Upper Tribunal

Power to stay or sist decision pending an appeal to, or decision by, the Tribunal

Procedure for applying for a stay of a decision pending an appeal

Coronavirus temporary rule (decisions without a hearing)

5A

• (1) Notwithstanding anything in rule 32 (decision with or without a hearing), 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.

Procedure for applying for and giving directions

Failure to comply with rules, practice directions or tribunal directions

Certification

Striking out a party's case

Addition, substitution and removal of parties

Orders for costs

Representatives

Calculating time

Sending and delivery of documents

Prevention of disclosure or publication of documents and information

Disclosure, evidence and submissions

Summoning or citation of witnesses and orders to answer questions or produce documents

Withdrawal

Lead cases

Entry directions

Transfer of ... cases to the Upper Tribunal

Power to stay or sist decision pending an appeal to, or decision by, the Tribunal

Procedure for applying for a stay of a decision pending an appeal

Coronavirus temporary rule (recording of remote hearings)

35A

• (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 35(2A); 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.

• (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.

Hearings in a party's absence

Application for an authorised costs order

25A

• (1) This rule applies to an application by a charity or charity trustees of a charity for an order under section 324A (power to authorise costs to be incurred in relation to proceedings) of the Charities Act 2011 (“authorised costs order”).

• (2) An applicant for an authorised costs order must start proceedings before the Tribunal by sending or delivering to the Tribunal an application which must include—

• (a) the name and address of the applicant;

• (b) the name and address of the applicant’s representative (if any);

• (c) an address where documents for the applicant may be sent or delivered;

• (d) the basis on which the applicant has standing to start proceedings before the Tribunal;

• (e) the name and address of any respondent and any other interested party in the proceedings to which the application relates;

• (f) details of the proceedings brought, or proposed to be brought, before the Tribunal to which the application relates;

• (g) the result the applicant is seeking;

• (h) the grounds on which the applicant relies;

• (i) whether the applicant wants the application to be determined at a hearing; and

• (j) any further information or documents required by a practice direction.

• (3) The applicant must send or deliver a copy of the application (but need not send the further information or documents referred to in paragraph (2)(j)) to the respondent and any other interested party in the proceedings to which the application relates at the same time as it provides the application to the Tribunal.

• (4) In this rule, references to “charity” and “charity trustees” have the meanings given by the Charities Act 2011.

The notice of appeal

The response

Appellant's reply

Secondary disclosure by the respondent

Provision of copy documents

Involvement of the Attorney General under section 318 of the Charities Act 2011