The Tribunal Procedure (Amendment) Rules 2019

Document Number:2019 No. 925
 
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Statutory Instruments

Tribunals And Inquiries

Made

9 th May 2019

Laid before Parliament

13 th May 2019

Coming into force in accordance with regulation 1

The Tribunal Procedure Committee makes the following Rules, in exercise of the powers conferred 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 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.

Citation and commencement

  1. —(1) These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2019.

    (2) These Rules come into force on the twenty-first day after the day on which they are laid.

    Amendment to the Tribunal Procedure (Upper Tribunal) Rules 2008

  2. —(1) Subject to rule 6 (transitional provision) , the Tribunal Procedure (Upper Tribunal) Rules 2008(2) are amended as follows.

    (2) In rule 1 (citation, commencement, application and interpretation) , paragraph (3)—

    (a) in the definition of “interested party”—

    (i) at the end of sub-paragraph (b) omit “and”;

    (ii) at the end of sub-paragraph (d) insert “and”;

    (iii) after sub-paragraph (d) insert—

    “(e) in a trade remedies case, any person other than the appellant who could have appealed to the Upper Tribunal and who has been added or substituted as an interested party under rule 9 (addition, substitution and removal of parties);”;

    (b) for the definition of “road transport case”, substitute—

    ““road transport case” means an appeal against a decision of—

    (a) a traffic commissioner, other than an appeal pursuant to—

    (i) section 6 F of the Transport Act 1985(3) , or

    (ii) section 123 T of the Transport Act 2000(4) , or

    (b) the Department of the Environment in Northern Ireland;”, and

    (c) after the definition of “special educational needs case”, insert—

    ““TRA” means the Trade Remedies Authority;

    “trade remedies case” means an appeal pursuant to the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019(5) against a decision made by the TRA or a determination of the Secretary of State;”.

    (3) In rule 14 (use of documents and information) , after paragraph (8) , insert—

    “(8 A) In a trade remedies case, the Upper Tribunal may give a direction under paragraph (8) if the Upper Tribunal is satisfied that—

    (a) where such documents or information have been supplied to the TRA, the TRA is treating such documents or information as confidential in accordance with—

    (i) regulation 45 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019(6);

    (ii) regulation 16 of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019(7); or

    (iii) regulation 5 of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019; or

    (b) where such documents or information have not been supplied to the TRA, if such documents or information were to be supplied to the TRA in accordance with regulation 5 of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 , the TRA would be entitled to treat such documents or information as confidential in accordance with that regulation,

    and the Upper Tribunal is not precluded from considering such documents or information in making its decision in the case.”.

    (4) In rule 23 (notice of appeal)—

    (a) in paragraph (2)(b)—

    (i) at the end of paragraph (i) , omit “or”;

    (ii) at the end of paragraph (ii) , for the full stop substitute “, or”;

    (iii) after paragraph (ii) , insert—

    “(iii) in a trade remedies case—

    (aa) where the appeal is against a decision made by the TRA and notice is required to be published in accordance with the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 , the date of such publication or (if later) when the notice comes into effect;

    (bb) where the appeal is against a decision made by the TRA and no notice is required to be published in accordance with the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 , the date on which the appellant is notified of the decision, or

    (cc) where the appeal is against a determination of the Secretary of State under the Taxation (Cross-border Trade) Act 2018(8) , the...

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