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Statutory Instruments

2008 No. 2699 (L. 16)

Tribunals And Inquiries, England And Wales

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

Made

9th October 2008

Laid before Parliament

15th October 2008

Coming into force

3rd November 2008

Contents

Go to Preamble

  1. PART 1

    Introduction

    1. 1. Citation, commencement, application and interpretation

    2. 2. Overriding objective and parties’ obligation to co-operate with the Tribunal

    3. 3. Alternative dispute resolution and arbitration

  2. PART 2

    General powers and provisions

    1. 4. Delegation to staff

    2. 5. Case management powers

    3. 6. Procedure for applying for and giving directions

    4. 7. Failure to comply with rules etc.

    5. 8. Striking out a party’s case

    6. 9. Substitution and addition of parties

    7. 10. Orders for costs

    8. 11. Representatives

    9. 12. Calculating time

    10. 13. Sending and delivery of documents

    11. 14. Use of documents and information

    12. 15. Evidence and submissions

    13. 16. Summoning of witnesses and orders to answer questions or produce documents

    14. 17. Withdrawal

  3. PART 3

    Proceedings before the Tribunal other than in mental health cases

    1. CHAPTER 1

      Before the hearing

      1. 18. Application of Part 3

      2. 19. Application for leave

      3. 20. The application notice

      4. 21. The response

      5. 22. Order that a school be regarded as not registered pending determination of an appeal

    2. CHAPTER 2

      Hearings

      1. 23. Decision with or without a hearing

      2. 24. Entitlement to attend a hearing

      3. 25. Notice of hearings

      4. 26. Public and private hearings

      5. 27. Hearings in a party’s absence

      6. 28. Power to pay allowances

    3. CHAPTER 3

      Decisions

      1. 29. Consent orders

      2. 30. Decisions

  4. PART 4

    Proceedings before the Tribunal in mental health cases

    1. CHAPTER 1

      Before the hearing

      1. 31. Application of Part 4

      2. 32. Procedure in mental health cases

      3. 33. Notice of proceedings to interested persons

      4. 34. Medical examination of the patient

    2. CHAPTER 2

      Hearings

      1. 35. No disposal of proceedings without a hearing

      2. 36. Entitlement to attend a hearing

      3. 37. Time and place of hearings

      4. 38. Public and private hearings

      5. 39. Hearings in a party’s absence

      6. 40. Power to pay allowances

    3. CHAPTER 3

      Decisions

      1. 41. Decisions

      2. 42. Provisional decisions

  5. PART 5

    Correcting, setting aside, reviewing and appealing Tribunal decisions

    1. 43. Interpretation

    2. 44. Clerical mistakes and accidental slips or omissions

    3. 45. Setting aside a decision which disposes of proceedings

    4. 46. Application for permission to appeal

    5. 47. Tribunal’s consideration of application for permission to appeal

    6. 48. Application for review in special educational needs cases

    7. 49. Review of a decision

    8. 50. Power to treat an application as a different type of application

    1. SCHEDULE

      Time limits for providing application notices and responses

Go to Explanatory Note

After consulting in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007(1), the Tribunal Procedure Committee has made the following Rules in exercise of the power conferred by sections 9(3), 22 and 29(3) and (4) of, and Schedule 5 to, that Act.

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

Amended by correction slip on 01 September 2009

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