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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012 No. 2890 (L. 11) URL: http://www.bailii.org/uk/legis/num_reg/2012/uksi_20122890_en_1.html |
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Statutory Instruments
Tribunals And Inquiries
Made
13th November 2012
Laid before Parliament
19th November 2012
Coming into force
11th December 2012
The Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred on it by section 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007(1), having consulted in accordance with paragraph 28(1) of that Schedule.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of that Schedule.
1. These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012 and come into force on 11th December 2012.
2. The Tribunal Procedure (Upper Tribunal) Rules 2008(2) are amended as follows.
3. In rule 44 (application for permission to appeal)-
(a)at the beginning of paragraph (1) insert "Subject to paragraph (4A),";
(b)after paragraph (4) insert-
"(4A) Where, in judicial review proceedings in the Immigration and Asylum Chamber of the Upper Tribunal, a decision is given orally at a hearing, a person may apply to the Tribunal for permission to appeal-
(a)orally at that hearing; or
(b)in writing, before the commencement or the expiry of the relevant period determined by reference to paragraph (4)."; and
(c)in paragraph (7) after "paragraph (1)" insert "or (4A)(a)".
We make these Rules
Brian F J Langstaff
Philip Brook Smith QC
Simon Cox
Simon Ennals
Mark Rowland
Douglas J May QC
M J Reed
I allow these Rules,
Signed by the authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
13th November 2012
(This note is not part of the Rules)
These Rules amend the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I.2008/2698).
Rule 3 applies to appeals against decisions in judicial review proceedings in the Immigration and Asylum Chamber of the Upper Tribunal. Where a decision of the Upper Tribunal in such proceedings is given orally at a hearing, rule 3 allows a person seeking permission from that Tribunal to appeal to the Court of Appeal, to make that application orally at that hearing or in writing.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
S.I. 2008/2698. Amendments to rule 44 have been made by S.I. 2009/274, S.I. 2010/44, S.I. 2010/747 and S.I. 2011/651.