Tribunal Procedure Committee rules
The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 came into force on 10 April 2020.
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This Statutory Instrument makes a series of temporary amendments to the Tribunal Procedure Rules which introduce the following measures.
First, it will extend the timeframe for starting the hearing of an appeal under Section 66(1) (a) of the Mental Health Act 1983 (often known as ‘section 2 cases’) in the First-tier Tribunal from 7 to 10 calendar days, with the option of extending the time limit further if 10 calendar days is still not practicable.
Second, it will insert a rule, which allows both the First-tier Tribunal and Upper Tribunal to make a decision on the papers without the parties’ consent. This will only be applied in circumstances where a decision is urgent, and a hearing is not reasonably practicable. Both these rule changes are being made by the Tribunal Procedure Committee in response to a direction by the Lord Chancellor as provided for under paragraph 29 of Schedule 5 of the Tribunals, Courts and Enforcement Act 2007.
The final amendment will allow the First-tier Tribunal and Upper Tribunal to direct a remote hearing to take place privately, if it is not practicable for that hearing to be broadcasted to the public in a Court or Tribunal building. If a hearing does take privately it will be recorded and any person may access that recording afterwards with the Tribunal’s permission. This change has not been made under direction from the Lord Chancellor. It mirrors the arrangements being made for video and audio hearings in the civil courts (166th PD Update to the Civil Procedure Rules) to remedy a gap in the Coronavirus Act 2020.
These temporary measures have been taken to protect public health and to ensure the continued administration of justice.