Legislation – The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020

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EXPLANATORY NOTE
(This note is not part of the Rules)

These Rules make temporary amendments to the various rules which apply in the First-tier Tribunal and Upper Tribunal. Rule 1 provides that the amendments made by the Rules will expire on the same day as section 55(b) of the Coronavirus Act 2020.

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) (“the HESC Rules”).

Rule 3 amends the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (S.I. 2008/2686).

Rule 4 amends the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2685).

Rule 5 amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).

Rule 6 amends the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976).

Rule 7 amends the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (S.I. 2009/273)

Rule 8 amends the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2600) (“the Lands Chamber Rules”).

Rule 9 amends the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169).

Rule 10 amends the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604).

There are three kinds of amendments made:

A rule which makes provision about when hearings are heard in private or public is amended, and a new rule on recording of remote hearings is inserted, in each set of Rules mentioned above.

A new rule which provides additional powers to decide a case without a hearing is inserted into each set of Rules mentioned above, other than the UT LC Rules.

Rule 37 of the HESC Rules is amended to extend the time limit within which the hearing of an appeal under 66(1)(a) of the Mental Health Act 1983 must be started, and to provide the Tribunal with the discretion to extend that time limit when it is not reasonably practicable for it to be complied with.