The Tribunal Procedure (Amendment No. 2) Rules 2021

Made: 21st October 2021

Laid before Parliament: 26th October 2021

Coming into force: 16th November 2021

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

Citation, commencement and extent

1

• (1) These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2021 and come into force on the twenty-first day after the day on which they are laid.

• (2) Subject to paragraph (3), these Rules extend to England and Wales, Scotland and Northern Ireland.

• (3) Rule 2 extends to England and Wales only.

Amendments to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

2

• (1) Rule 13(1) (orders for costs, reimbursement of fees and interest on costs) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013[^f00002] is amended as follows.

• (2) In sub-paragraph (d), for “which have been transferred from the Upper Tribunal” substitute—

— (i) under Part 4A (code rights in respect of land connected to leased premises: unresponsive occupiers); or (ii) that have been transferred from the Upper Tribunal.

• (3) In paragraph (1A), for “paragraph (1)(d)” substitute “paragraph (1)(d)(ii)”.

Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

3

• (1) Rule 10(4) (orders for costs) of the Tribunal Procedure (First-tier) (General Regulatory Chamber) Rules 2009[^f00003] is amended as follows.

• (2) At the end of sub-paragraph (a) omit “or”.

• (3) At the end of sub-paragraph (b) omit the full stop and insert—

; or (c) notice under rule 17(8) that the proceedings have been treated as withdrawn.

Signed

We make these Rules

Peter Roth — Tim Fagg — Donald W Ferguson — Michael Reed — Susan Humble — Mark Loveday — Dr Elizabeth Stuart-Cole — Philip Brook Smith — TPC Members — 18th October 2021

I allow these Rules

James Cartlidge — Parliamentary Under Secretary of State — Ministry of Justice — 21st October 2021

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) to allow for costs to be awarded in proceedings under Part 4A of Schedule 3A to the Communications Act 2003.

Rule 3 amends the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) to ensure that the time limit for making an application for a costs order applies in relation to a deemed withdrawal in the same way as it applies to a withdrawal which takes effect following a notice of withdrawal by a party.

No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.

Footnotes

[^f00001]: 2007 c. 15. There are amendments to the Act but none are relevant to this instrument.

[^f00002]: S.I. 2013/1169, amended by S.I. 2019/925 and S.I. 2021/322.

[^f00003]: type=start slip=2022-02-01 time=1645459787368S.I. 2009/1976, amended by S.I. 2013/477type=end slip=2022-02-01 time=1645459787368; there are other amending instruments but none is relevant.