2.2.2 The First-Tier Tribunal (England)
Tribunal Procedure (First-tier Tribunal)
(Property Chamber) Rules 2013
SI 2013/1169
Part 1
Introduction
1. Citation, commencement and interpretation
(1)These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and come into force on 1st July 2013.
(2)These Rules apply to proceedings before the Property Chamber of the First-tier Tribunal.
(3)In these Rules—
“the 1983 Act” means the Mobile Homes Act 1983;
“the 1986 Act” means the Agricultural Holdings Act 1986;
“the 1991 Act” means the Land Drainage Act 1991;
“the 2002 LR Act” means the Land Registration Act 2002;
“the 2004 Act” means the Housing Act 2004;
“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007.
“agricultural land and drainage case” means any case in respect of which the Tribunal has jurisdiction conferred—
(a)by or under any enactment specified in section 6A(2) of the Agriculture (Miscellaneous Provisions) Act 1954; or
(b)by the Hill Farming Act 1946;
“applicant” means—
(a)the person who commences Tribunal proceedings, whether by making an appeal, an application, an objection or otherwise;
(b)where an issue in proceedings before a court is transferred by order of the court to the Tribunal, the claimant or applicant in those proceedings;
(c)where proceedings before another tribunal are transferred to the Tribunal, the claimant or applicant in those proceedings;
(d)in a land registration case, the party which the Tribunal has specified as applicant under rule 28(3)(c);
(e)a person who is added or substituted as an applicant under rule 10;
and “application” bears a corresponding meaning;
“designated applicant” in relation to agricultural land and drainage cases means a person who is validly designated by the deceased in the deceased’s will in accordance with section 39(4) of the 1986 Act;
“document” means anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“holding” means land (including a ditch) in respect of which an application under the 1986 Act is made;
“IMO authorisation application” means an application for authorisation to make an interim management order under section 102(4) or (7) of the 2004 Act, and “IMO” bears a corresponding meaning;
“interested person”—
(a)in relation to an agricultural land and drainage case under section 39 of the 1986 Act, includes—
(i)any other applicant under that section or any other person eligible to be such an applicant;
(ii)any personal representative of the deceased tenant, any person eligible to apply to be the personal representative of the deceased tenant or any person administering the estate of the deceased tenant;
(b)in relation to a residential property case, means—
(i)a person other than the applicant who would have been entitled under the 2004 Act or the Housing Act 1985 to make the application;
(ii)a person to whom notice of the application must be given in accordance with the following provisions of the 2004 Act—
(aa)paragraph 11(2) of Schedule 1; or
(bb)paragraph 14(2) of Schedule 3;
(iii)a person to whom the Tribunal must give the opportunity of being heard in accordance with the following provisions—
(aa)section 34(4) of the 2004 Act; or
(bb)section 317(2) of the Housing Act 1985;
(iv)except in relation to an application made under the 1983 Act, the local housing authority, where it is not a party to the application;
(v)the person to whom the occupier wants to sell or gift a mobile home under [paragraph 7B or 8B]12 of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act;
(vi)a qualifying residents’ association;
“land registration case” means a case in respect of which the Tribunal has jurisdiction under the 2002 LR Act;
“leasehold case” means a case in respect of which the Tribunal has jurisdiction under any of the enactments specified in section 176A(2) of the Commonhold and Leasehold Reform Act 2002;
“official expert” means a person who for agricultural, drainage or similar expertise is engaged by the Secretary of State to report or act on behalf of the Secretary of State in connection with an application in an agricultural land case;
“original application” means the application originally made to the registrar under the 2002 LR Act that resulted in a reference;
“party” means a person who is, or if the proceedings have been concluded, a person who was, an applicant or respondent when the Tribunal finally disposed of all issues in the proceedings;
“practice direction” means a direction given under section 23 of the 2007 Act;
“qualifying residents’ association” means an association that meets the requirements set out in Part 1 of Schedule 1 to the 1983 Act;
“rectification application” means an application to rectify or set aside a document under section 108(2) of the 2002 LR Act;
“registrar” means the Chief Land Registrar;
“residential property case” means a case in respect of which the Tribunal has jurisdiction conferred by or under [the Caravan Sites and Control of Development Act 1960,]13 the 1983 Act, the Housing Act 1985 or the 2004 Act;
“respondent” means—
(a)in an appeal against a decision, direction or order, the person who made the decision, direction or order appealed against;
(b)a person against whom an applicant otherwise brings proceedings;
(c)in a case referred to the Tribunal by a rent officer who has registered a rent under the Rent Act 1977, the landlord or the tenant, as the case may be, who has not objected to the rent which has been registered;
(d)where an issue in proceedings before a court is transferred by order of the court to the Tribunal, the person who was the defendant or respondent in the court proceedings;
(e)in relation to residential property cases or leasehold cases listed in a Schedule to a practice direction, the person or persons, or one of the persons, identified as the respondent in the relevant Schedule to the practice direction;
(f)in a land registration case—
(i)in a reference by the registrar, the party or parties which the Tribunal has specified as respondent under rule 28(3)(c);
(ii)in proceedings under section 108(2) of the 2002 LR Act, the party or parties making an objection to a rectification application;
(iii)in an appeal under paragraph 4 of Schedule 5 to the 2002 LR Act, the registrar;
(g)a person added or substituted as a respondent under rule 10; “Tribunal” means the First-tier Tribunal.
Amendments
2. Rules not overriding enactments
Nothing in these Rules overrides any specific provision that is contained in an enactment which confers jurisdiction on the Tribunal.
3. Overriding objective and parties’ obligation to co-operate with the Tribunal
(1)The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2)Dealing with a case fairly and justly includes—
(a)dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;
(b)avoiding unnecessary formality and seeking flexibility in the proceedings;
(c)ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
(d)using any special expertise of the Tribunal effectively; and
(e)avoiding delay, so far as compatible with proper consideration of the issues.
(3)The Tribunal must seek to give effect to the overriding objective when it—
(a)exercises any power under these Rules; or
(b)interprets any rule or practice direction.
(4)Parties must—
(a)help the Tribunal to further the overriding objective; and
(b)co-operate with the Tribunal generally.
4. Alternative dispute resolution and arbitration
(1)The Tribunal should seek, where appropriate—
(a)to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; and
(b)if the parties wish, and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.
(2)Part 1 of the Arbitration Act 1996 does not apply to proceedings before the Tribunal.
Part 2
General powers and provisions
5. Delegation to staff
(1)Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(2)The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
(3)Within 14 days after the date that the Tribunal sends notice of a decision made by a member of staff pursuant to an approval under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
6. Case management powers
(1)Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
(2)The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
(3)In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—
(a)extend or shorten the time for complying with any rule, practice direction or direction, even if the application for an extension is not made until after the time limit has expired;
(b)consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case (whether under rule 23 or otherwise);
(c)permit or require a party to amend a document;
(d)permit or require a party or another person to provide or produce documents, information or submissions to any or all of the following—
(i)the Tribunal;
(ii)a party;
(iii)in land registration cases, the registrar;
(e)direct that enquiries be made of any person;
(f)require a party to state whether that party intends to—
(i)attend,
(ii)be represented, or
(iii)call witnesses,
at the hearing;
(g)deal with an issue in the proceedings as a preliminary issue;
(h)hold a hearing to consider any matter, including a case management issue;
(i)decide the form of any hearing;
(j)adjourn or postpone a hearing;
(k)require a party to produce a bundle for a hearing;
(l)require a party to provide an estimate of the length of the hearing;
(m)stay proceedings;
(n)transfer proceedings to another court or tribunal if that other court or tribunal has jurisdiction in relation to the proceedings and
(i)because of a change of circumstances since the proceedings were started, the Tribunal no longer has jurisdiction in relation to the proceedings; or
(ii)the Tribunal considers that the other court or tribunal is a more appropriate forum for the determination of the case;
(o)suspend the effect of its own decision pending the determination by the Tribunal or the Upper Tribunal of an application for permission to appeal against, and any appeal or review of, that decision.
7. Procedure for applying for and giving directions
(1)The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.
(2)An application for a direction may be made—
(a)by sending or delivering a written application to the Tribunal; or
(b)orally during the course of a hearing.
(3)An application for a direction must include the reason for making that application.
(4)Except with the permission of the Tribunal, if a written application for a direction is made without the consent of every party the applicant must provide—
(a)a copy of the proposed application to every other party before it is made; and
(b)confirmation to the Tribunal that the other parties have been notified that any objection they wish to make to the application must be provided in accordance with paragraph (5).
(5)A party who wishes to object to a written application that has been made to the Tribunal for a direction must send written notice of the objection to the Tribunal and the applicant for the direction.
(6)Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any direction made by the Tribunal to every party and to any other person affected by the direction.
(7)If a party or any other person sent notice under paragraph (6) of the direction made by the Tribunal wishes to challenge that direction, they may do so by applying for another direction which amends, suspends or sets aside the first direction.
8. Failure to comply with rules, practice directions or Tribunal directions
(1)An irregularity resulting from a failure to comply with any provision of these Rules, a practice direction or a direction does not of itself render void the proceedings or any step taken in the proceedings.
(2)If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may take such action as the Tribunal considers just, which may include—
(a)waiving the requirement;
(b)requiring the failure to be remedied;
(c)exercising its power under rule 9 (striking out a party’s case);
(d)exercising its power under paragraph (5); or
(e)barring or restricting a party’s participation in the proceedings.
(3)In land registration cases, the action that the Tribunal may take includes—
(a)where the party who failed to comply was the person who made (or has been substituted for or added to the party who made) the original application, directing the registrar to cancel the original application in whole or in part;
(b)where the party who failed to comply was an objector to (or was substituted for or added as an objector to) the original application, directing the registrar to give effect to that application in whole or in part as if that objection had not been made.
(4)In land registration cases, the Tribunal must, if the action taken does not include either of the requirements referred to in paragraph (3), send written notice to the parties of the Tribunal’s decision as to what action is taken (if any) and give any consequential directions.
(5)The Tribunal may refer to the Upper Tribunal, and ask the Upper Tribunal to exercise its power under section 25 of the 2007 Act in relation to, any failure by a person to comply with a requirement imposed by the Tribunal—
(a)to attend at any place for the purpose of giving evidence;
(b)otherwise to make themselves available to give evidence;
(c)to swear an oath in connection with the giving of evidence;
(d)to give evidence as a witness;
(e)to produce a document; or
(f)to facilitate the inspection of a document or any other thing (including any premises).
9. Striking out a party’s case
(1)The proceedings or case, or the appropriate part of them, will automatically be struck out if the applicant has failed to comply with a direction that stated that failure by the applicant to comply with the direction by a stated date would lead to the striking out of the proceedings or that part of them.
(2)The Tribunal must strike out the whole or a part of the proceedings or case if the Tribunal—
(a)does not have jurisdiction in relation to the proceedings or case or that part of them; and
(b)does not exercise any power under rule 6(3)(n)(i) (transfer to another court or tribunal) in relation to the proceedings or case or that part of them.
(3)The Tribunal may strike out the whole or a part of the proceedings or case if—
(a)the applicant has failed to comply with a direction which stated that failure by the applicant to comply with the direction could lead to the striking out of the proceedings or case or that part of it;
(b)the applicant has failed to co-operate with the Tribunal such that the Tribunal cannot deal with the proceedings fairly and justly;
(c)the proceedings or case are between the same parties and arise out of facts which are similar or substantially the same as those contained in a proceedings or case which has been decided by the Tribunal;
(d)the Tribunal considers the proceedings or case (or a part of them), or the manner in which they are being conducted, to be frivolous or vexatious or otherwise an abuse of the process of the Tribunal; or
(e)the Tribunal considers there is no reasonable prospect of the applicant’s proceedings or case, or part of it, succeeding.
(4)The Tribunal may not strike out the whole or a part of the proceedings or case under paragraph (2) or paragraph (3)(b) to (e) without first giving the parties an opportunity to make representations in relation to the proposed striking out.
(5)If the proceedings or case, or part of them, have been struck out under paragraph (1) or (3)(a), the applicant may apply for the proceedings or case, or part of it, to be reinstated.
(6)An application under paragraph (5) must be made in writing and received by the Tribunal within 28 days after the date on which the Tribunal sent notification of the striking out to that party.
(7)This rule applies to a respondent as it applies to an applicant except that—
(a)a reference to the striking out of the proceedings or case or part of them is to be read as a reference to the barring of the respondent from taking further part in the proceedings or part of them; and
(b)a reference to an application for the reinstatement of proceedings or case or part of them which have been struck out is to be read as a reference to an application for the lifting of the bar on the respondent from taking further part in the proceedings, or part of them.
(8)If a respondent has been barred from taking further part in proceedings under this rule and that bar has not been lifted, the Tribunal need not consider any response or other submission made by that respondent, and may summarily determine any or all issues against that respondent.
10. Addition, substitution and removal of parties
(1)The Tribunal may give a direction adding, substituting or removing a person as an applicant or a respondent.
(2)If the Tribunal gives a direction under paragraph (1) it may give such consequential directions as it considers appropriate.
(3)A person who is not a party may apply to the Tribunal to be added or substituted as a party.
11. Fees: non-payment
(1)In any case where a fee is payable under an order made under section 42 of the 2007 Act (fees), the Tribunal must not proceed further with the case until the fee is paid.
(2)Where a fee remains unpaid for a period of 14 days after the date on which the fee is payable, the case, if not already started, must not be started.
(3)Where the case has started, it shall be deemed to be withdrawn 14 days after the date on which the Tribunal sends or delivers to the party liable to make payment a written notification that the fee has not been paid.
12. Security for costs
(1)In a land registration case, a respondent may apply for security for the respondent’s costs of the proceedings in the Tribunal.
(2)Paragraph (1) does not apply where the Tribunal has directed a party under section 110(1) of the 2002 LR Act to commence court proceedings for the court’s decision on the whole or part of a matter.
(3)An application for security for costs must be supported by written evidence and copies of the application and supporting evidence must be provided by the respondent to the applicant in the proceedings.
(4)The Tribunal may make an order for security for costs if it is satisfied that—
(a)one or more of the conditions subject to which security for costs might be ordered in proceedings in a court to which the Civil Procedure Rules 1998 apply exists;
(b)it is just to make such an order; and
(c)the applicant in the proceedings has the ability to comply with the order.
(5)Where the Tribunal decides to order security for costs, it must—
(a)determine the amount of security; and
(b)direct the manner in which, and the time within which, the security must be given.
13. Orders for costs, reimbursement of fees and interest on costs
(1)The Tribunal may make an order in respect of costs only—
(a)under section 29(4) of the 2007 Act (wasted costs) and the costs incurred in applying for such costs;
(b)if a person has acted unreasonably in bringing, defending or conducting proceedings in—
(i)an agricultural land and drainage case,
(ii)a residential property case, or
(iii)a leasehold case; or
(c)in a land registration case.
(2)The Tribunal may make an order requiring a party to reimburse to any other party the whole or part of the amount of any fee paid by the other party which has not been remitted by the Lord Chancellor.
(3)The Tribunal may make an order under this rule on an application or on its own initiative.
(4)A person making an application for an order for costs—
(a)must, unless the application is made orally at a hearing, send or deliver an application to the Tribunal and to the person against whom the order is sought to be made; and
(b)may send or deliver together with the application a schedule of the costs claimed in sufficient detail to allow summary assessment of such costs by the Tribunal.
(5)An application for an order for costs may be made at any time during the proceedings but must be made within 28 days after the date on which the Tribunal sends—
(a)a decision notice recording the decision which finally disposes of all issues in the proceedings; or
(b)notice of consent to a withdrawal under rule 22 (withdrawal) which ends the proceedings.
(6)The Tribunal may not make an order for costs against a person (the “paying person”) without first giving that person an opportunity to make representations.
(7)The amount of costs to be paid under an order under this rule may be determined by—
(a)summary assessment by the Tribunal;
(b)agreement of a specified sum by the paying person and the person entitled to receive the costs (the “receiving person”);
(c)detailed assessment of the whole or a specified part of the costs (including the costs of the assessment) incurred by the receiving person by the Tribunal or, if it so directs, on an application to a county court; and such assessment is to be on the standard basis or, if specified in the costs order, on the indemnity basis.
(8)The Civil Procedure Rules 1998, section 74 (interest on judgment debts, etc) of the County Courts Act 1984 and the County Court (Interest on Judgment Debts) Order 1991 shall apply, with necessary modifications, to a detailed assessment carried out under paragraph (7)(c) as if the proceedings in the Tribunal had been proceedings in a court to which the Civil Procedure Rules 1998 apply.
(9)The Tribunal may order an amount to be paid on account before the costs or expenses are assessed.
14. Representatives
(1)A party may appoint a representative (whether legally qualified or not) to represent that party in the proceedings.
(2)If a party appoints a representative, that party must send or deliver to the Tribunal and to each other party written notice of the representative’s name and address.
(3)Anything permitted or required to be done by or provided to a party under these Rules, a practice direction or a direction may be done by or provided to the representative of that party except—
(a)signing a witness statement; or
(b)sending or delivering a notice under paragraph (2), if the representative is not a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act.
(4)A person who receives due notice of the appointment of a representative—
(a)must thereafter provide to the representative any document which is required to be sent to the represented party, and need not provide that document to the represented party; and
(b)may assume that the representative is and remains authorised until receiving written notification to the contrary and an alternative address for communications from the representative or the represented party.
(5)At a hearing a party may be accompanied by another person whose name and address has not been notified under paragraph (2) but who, with the permission of the Tribunal, may act as a representative or otherwise assist in presenting the party’s case at the hearing.
(6)Paragraphs (2) to (4) do not apply to a person who accompanies a party under paragraph (5).
15. Calculating time
(1)An act required by these Rules, a practice direction or a direction to be done on or by a particular day must be done before 5pm on that day.
(2)If the time specified by these Rules, a practice direction or a direction for doing any act ends on a day other than a working day, the act is done in time if it is done on the next working day.
(3)In this rule “working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.
16. Provision of documents
(1)Any document to be provided under these Rules, a practice direction or a direction must be—
(a)sent by prepaid post or by document exchange, or delivered by hand to the address specified in paragraph (5);
(b)sent by fax to the number specified for the proceedings;
(c)as regards any document sent or delivered to or by the Tribunal, by such other method as the Tribunal may permit; or
(d)as regards any document to be sent or delivered by a method other than one provided for by sub-paragraphs (a), (b) or (c) or another paragraph in this rule, by such other method as the recipient may permit.
(2)The Tribunal may provide any document (including any notice or summons or other information) under these Rules by—
(a)itself sending or delivering the document; or
(b)requiring a party to do so.
(3)In any case to which section 39, 41 or 53 of the 1986 Act applies, the applicant, not the Tribunal, must send or deliver a copy of the application and accompanying documents to the landlord of the agricultural holding to which the application relates and to any other person known to the applicant to be interested in the outcome of the application.
(4)If the Tribunal permits or directs documents to be provided to it by email, any requirement in these Rules for a signature on a document may be satisfied by a typed instead of a handwritten signature.
(5)Subject to paragraph (6), the address for the purposes of paragraph (1)(a) is—
(a)in the case of the Tribunal, the address of the office of the Tribunal;
(b)in the case of an incorporated company or other body registered in the United Kingdom, the address of the registered or principal office of the company or body or any alternative address notified by that company or body to the Tribunal and all other parties for the purposes of provision of documents;
(c)in the case of any other person, body or authority, the usual or last known address of that person, body or authority.
(6)The Tribunal and each party may assume that the address provided by a party or its representative or, in a reference, by the registrar is and remains the address to which documents should be sent or delivered until receiving written notification to the contrary and an alternative address for communications.
(7)Subject to paragraph (8), if a party provides a fax number, email address or other details for the electronic transmission of documents to them, that party must accept delivery of documents by that method.
(8)If a party informs the Tribunal and all other parties that a particular form of communication, other than pre-paid post or delivery by hand, should not be used to provide documents to that party, that form of communication must not be used.
(9)If the Tribunal or a party sends a document to another party or to the Tribunal by email or any other electronic means of communication, the recipient may request that the sender provide a hard copy of the document to the recipient. The recipient must make such a request as soon as reasonably practicable after receiving the document electronically.
(10)Unless the Tribunal otherwise permits, where a document is provided for the purposes of the proceedings is or contains a map, plan, drawing or photograph, any copy provided of that map, plan or drawing must be in the same colours as the map, plan, drawing or photograph of which it is a copy, and in agricultural land and drainage cases, maps of any holding or land must be to a scale of 1:10,000 or larger.
(11)The Tribunal may waive a requirement under these Rules to send or deliver a notice or other document to a person or make an order for provision by alternative method (whether by advertisement in a newspaper or otherwise) as the Tribunal may think fit if that person—
(a)cannot be found after all diligent enquiries have been made;
(b)has died and has no personal representative;
(c)is out of the United Kingdom; or
(d)for any other reason a notice or other document cannot readily be sent or delivered to that person in accordance with these Rules.
(12)Where an enactment requires evidence that a party has supplied any person with a document, that party may satisfy the requirement by providing a certificate signed by the party confirming that the document was provided in accordance with the requirements of this rule.
17. Prevention of disclosure or publication of documents and information
(1)The Tribunal may make an order prohibiting the disclosure or publication of—
(a)specified documents or information relating to the proceedings; or
(b)any matter likely to lead members of the public to identify any person whom the Tribunal considers should not be identified.
(2)The Tribunal may give a direction prohibiting the disclosure of a document or information to a person if—
(a)the Tribunal is satisfied that such disclosure would be likely to cause that person or some other person serious harm; and
(b)the Tribunal is satisfied, having regard to the interests of justice, that it is proportionate to give such a direction.
(3)If a party (the first party) considers that the Tribunal should give a direction under paragraph (2) prohibiting the disclosure of a document or information to another party (the second party), the first party must—
(a)exclude the relevant document or information from any documents that will be provided to the second party; and
(b)provide to the Tribunal the excluded document or information, and the reason for its exclusion, so that the Tribunal may decide whether the document or information should be disclosed to the second party or should be the subject of a direction under paragraph (2).
(4)The Tribunal may give a direction that certain documents or information must or may be disclosed to the Tribunal on the basis that the Tribunal will not disclose such documents or information to other persons, or specified other persons.
(5)A party making an application for a direction under paragraph (4) may withhold the relevant documents or information from other persons, or the specified other persons, until the Tribunal has made a decision on the application.
(6)Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send notice that a party has made an application for a direction under paragraph (4) to each other party.
(7)In a case involving matters relating to national security, the Tribunal must ensure that information is not disclosed contrary to the interests of national security.
(8)The Tribunal must conduct proceedings and record its decision and reasons appropriately so as not to undermine the effect of an order made under paragraph (1), a direction given under paragraph (2) or (4) or the duty imposed by paragraph (7).
18. Disclosure, evidence and submissions
(1)Without restriction on the general powers in rule 6(1) and (2) (case management powers), the Tribunal may give directions as to—
(a)the exchange between parties of lists of documents which are relevant to the application, or relevant to particular issues, and the inspection of such documents;
(b)the provision by parties of statements of agreed matters;
(c)issues on which it requires evidence or submissions;
(d)the nature of the evidence or submissions it requires;
(e)whether the parties are permitted or required to provide expert evidence, and if so whether the parties must jointly appoint a single expert to provide such evidence;
(f)any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;
(g)the manner in which any evidence or submissions are to be provided, which may include a direction for them to be given—
(i)orally at a hearing; or
(ii)by written submissions or witness statement; and
(h)the time at which any evidence or submissions are to be provided.
(2)Instead of giving directions under paragraph (1)(a), the Tribunal may provide for the disclosure and inspection of documents to any extent which it considers relevant to the issues in dispute, including—
(a)taking all reasonable steps to ensure that each of the parties is given a copy of any document which has been received from any other party or former party; or
(b)supplying the parties with a copy of any document which embodies the results of any relevant enquiries made by or for the Tribunal for the purposes of the proceedings.
(3)A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed except where—
(a)the document has been read to or by the Tribunal, or referred to, at a hearing which has been held in public;
(b)the Tribunal gives permission; or
(c)the party who disclosed the document and the person to whom the document belongs agree.
(4)The Tribunal may make an order restricting or prohibiting the use of a document which has been disclosed, even where the document has been read to or by the Tribunal, or referred to, at a hearing which has been held in public.
(5)An application for such an order may be made—
(a)by a party; or
(b)by any person to whom the document belongs.
(6)The Tribunal may—
(a)admit evidence whether or not it—
(i)would be admissible in a civil trial in England and Wales; or
(ii)was available to a previous decision maker; or
(b)exclude evidence that would otherwise be admissible where—
(i)the evidence was not provided within the time allowed by a direction or a practice direction;
(ii)the evidence was otherwise provided in a manner that did not comply with a direction or a practice direction; or
(iii)it would otherwise be unfair to admit the evidence.
(7)The Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.
(8)A party cannot be directed to produce any document which a party could not be compelled to produce on the trial of an action in a court of law.
(9)On receipt of written notice from the Tribunal of an application under the 1991 Act, the Secretary of State must provide the Tribunal with a report on the matters to which the application relates.
19. Expert evidence
(1)It is the duty of an expert to help the Tribunal on matters within the expert’s expertise and this duty overrides any obligation to the person from whom the expert has received instructions or by whom the expert is paid.
(2)No party may adduce expert evidence without the permission of the Tribunal.
(3)Expert evidence is to be given in a written report unless the Tribunal directs otherwise.
(4)Subject to paragraph (6), each party must provide a copy of the written report of any expert witness to the Tribunal and each other party at least 7 days before—
(a)the date of the hearing; or
(b)the date notified upon which the issue to which the expert evidence relates will be determined without a hearing.
(5)A written report of an expert must—
(a)contain a statement that the expert understands the duty in paragraph (1) and has complied with it;
(b)contain the words “I believe that the facts stated in this report are true and that the opinions expressed are correct”;
(c)be addressed to the Tribunal;
(d)include details of the expert’s qualifications and relevant experience;
(e)contain a summary of the instructions the expert has received for the making of the report; and
(f)be signed by the expert.
(6)The Tribunal may direct that—
(a)the expert’s evidence must be limited to such matters as the Tribunal directs;
(b)the expert must attend a hearing to give oral evidence; or
(c)the parties must jointly instruct the expert.
20. Summoning of witnesses and orders to answer questions or produce documents
(1)On the application of a party or on its own initiative, the Tribunal may—
(a)by summons require any person to attend as a witness at a hearing at the time and place specified in the summons; or
(b)order any person to answer any questions or produce any documents in that person’s pos-session or control which relate to any issue in the proceedings.
(2)A summons under paragraph (1)(a) must—
(a)give the person required to attend not less than 14 days’ notice of the hearing or such shorter period as the Tribunal may direct; and
(b)where the person is not a party, make provision for the person’s necessary expenses of attendance to be paid, and state who is to pay them.
(3)No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an action in a court of law.
(4)A summons or order under this rule must—
(a)state that the person on whom the requirement is imposed may apply to the Tribunal to vary or set aside the summons or order, if they have not had an opportunity to object to it; and
(b)state the consequences of failure to comply with the summons or order.
21. Site inspections
(1)Subject to paragraph (2), the Tribunal may inspect—
(a)the land, property or premises which is the subject of the application;
(b)any other land, property or premises inspection of which may assist the Tribunal in determining the application;
(c)the locality of the land, property or premises.
(2)The making of and attendance at an inspection is subject to the Tribunal obtaining all appropriate consents to its request for entry.
(3)The Tribunal must give reasonable written notice of the date and time proposed for the inspection.
(4)The Tribunal may include in its request for entry a request to be accompanied by one or more of—
(a)the parties (and any party’s representative);
(b)in an agricultural land and drainage case, the official expert;
(c)if the Tribunal considers necessary—
(i)any party’s witness;
(ii)one or more members of the Tribunal’s staff;
(d)any other person, if the Tribunal considers it appropriate.
(5)In an agricultural land and drainage case, the condition of consent referred to in paragraph (2) does not apply, but the exercise of the right of entry under this paragraph or paragraph (6) is subject to the Tribunal making a direction requiring the person who is the owner or occupier to permit entry to the land, property or premises.
(6)In an agricultural land and drainage case, the Tribunal may direct any person who owns or occupies any land or premises which are relevant to the proceedings to permit the official expert to enter and inspect the land or premises for the purposes for which the official expert was appointed.
(7)Every direction under paragraph (5) or (6) must, unless the occupier was present when the direction was made, contain a statement that the occupier may apply to the Tribunal to vary or set aside the direction.
(8)Where a direction has been made under paragraph (5) or (6), the occupier of the land, property or premises must be given at least 7 days’ notice of any inspection.
(9)Rule 19 also applies to the report and evidence of the official expert.
22. Withdrawal
(1)Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it—
(a)orally at a hearing; or
(b)by sending or delivering to the Tribunal a written notice of withdrawal.
(2)A written notice of withdrawal must—
(a)be signed and dated;
(b)identify the case or part of the case which is withdrawn;
(c)state whether any part of the case, and if so what, remains to be determined;
(d)confirm that a copy of the notice of the withdrawal has been provided to all other parties and state the date on which this was done;
(e)include the written consent of any of the other parties who have consented to the withdrawal.
(3)Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.
(4)The Tribunal may make such directions or impose such conditions on withdrawal as it considers appropriate.
(5)A party which has withdrawn its case may apply to the Tribunal for the case to be reinstated.
(6)An application under paragraph (5) must be made in writing and be received by the Tribunal within 28 days after—
(a)the date of the hearing at which the case was withdrawn orally under paragraph (1)(a); or
(b)the date on which the Tribunal received the notice under paragraph (1)(b).
(7)The Tribunal must notify each party in writing of a withdrawal under this rule.
(8)Any party may, within 28 days after the date of receipt of notification by the Tribunal under paragraph (7), apply for a case, or part of a case, which has been withdrawn under this rule to be re-instated.
23. Lead cases
(1)This rule applies if—
(a)two or more cases have been started before the Tribunal;
(b)in each such case the Tribunal has not made a decision disposing of the proceedings; and
(c)the cases give rise to common or related issues.
(2)The Tribunal may direct that one or more such cases be specified as a lead case, and stay the other cases (“the related cases”).
(3)The Tribunal must send a copy of any direction given under paragraph (2) to each party in a lead case and in the related cases.
(4)A party in a related case referred to in paragraph (3) may apply for the related case to be substituted as the lead case (or added as a lead case) within 28 days after the date of receipt of notification from the Tribunal of a direction made under paragraph (2).
(5)Where the Tribunal makes a decision in a lead case or cases in respect of the common or related issues—
(a)the Tribunal must send a copy of the decision to each party in each of the related cases; and
(b)subject to paragraph (6), the decision will be binding on each of those parties in relation to the common or related issues.
(6)Within 28 days after the date on which the Tribunal sent a copy of the decision to a party under paragraph (5)(a), that party may apply in writing for a direction that the decision is not binding on the parties to a particular related case.
(7)The Tribunal must give directions in respect of cases which are stayed under paragraph (2), providing for the disposal of or further directions in those cases.
(8)If a lead case is withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—
(a)whether another case or other cases are to be specified as a lead case or lead cases; and
(b)whether any direction affecting the related cases should be set aside or amended.
24. Subsequent applications related to lead case
(1)This rule applies where a decision has been given in a lead case in accordance with rule 23 and a subsequent application is made which includes any of the common or related issues.
(2)The Tribunal may send written notice to the parties to the subsequent application of—
(a)the matters which it appears to the Tribunal are the common or related issues in the subsequent application and the previously decided lead case;
(b)the decision recorded in respect of the common or related issues in the lead case;
(c)the Tribunal’s proposal to record its decision on the common or related issues in the subsequent application in materially identical terms to the decision in the lead case;
(d)the date (being not less than 21 days after the date that the notice was sent) by which any objection to this proposal must be received by the Tribunal; and
(e)a requirement that any objection must include the grounds on which it is made.
(3)Where no objection is received on or before the date specified in the notice—
(a)the Tribunal need not determine the matters mentioned in paragraph (2) (a); and
(b)the decision of the Tribunal in respect of the common or related issues in the lead case must be recorded as the decision of the Tribunal in respect of the common or related issues in the subsequent application.
(4)Where an objection is delivered to the Tribunal’s proposal on or before the date specified in the notice the Tribunal must determine the application in accordance with the other provisions of these Rules.
25. Transfer of case to the Upper Tribunal
(1)The Tribunal may refer a case to the President of the Property Chamber with a request that the case be considered for transfer to the Upper Tribunal.
(2)If a case has been referred under paragraph (1), the President of the Property Chamber may, with the concurrence of the President of the Lands Chamber, direct that the case be transferred to and determined by the Upper Tribunal.
(3)The President of the Property Chamber may only direct a transfer under paragraph (2) if the President of the Property Chamber considers that the issues in dispute are likely to be further appealed to the Upper Tribunal and—
(a)will require lengthy or complex evidence or a lengthy hearing; or
(b)involve a complex or important principle or issue; or
(c)involve a large financial sum.
(4)This rule does not apply to a land registration case or an agricultural land and drainage case.
Part 3
Written documentation, time limits etc
26. Starting proceedings
(1)An applicant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of application.
(2)Such an application must be signed and dated and, unless a practice direction makes different provision, include—
(a)the name and address of the applicant;
(b)the name and address of the applicant’s representative (if any);
(c)an address where documents for the applicant may be sent or delivered;
(d)the name and address of each respondent;
(e)the address of the premises or property to which the application relates;
(f)the applicant’s connection with the premises or property;
(g)the name and address of any landlord or tenant of the premises to which the application relates;
(h)the result the applicant is seeking;
(i)the applicant’s reasons for making the application;
(j)a statement that the applicant believes that the facts stated in the application are true;
(k)the name and address of every person who appears to the applicant to be an interested person, with reasons for that person’s interest;
(l)in agricultural land and drainage cases, a description of all the land or holding to which the application relates;
(m)in agricultural land and drainage cases relating to succession under section 39, 41 or 53 of the 1986 Act—
(i)confirmation that the applicant has given prior written notice of the application to the landlord of the holding and has brought the application to the notice of other persons interested in the outcome of the application; and
(ii)the names and addresses of each person to whom the applicant has provided such notice;
(n)all further information or documents required by a practice direction.
(3)Where an application is made to which a paragraph in a practice direction relating to residential property cases or leasehold cases applies, it must be accompanied by the particulars and documents specified in the relevant paragraph.
(4)In proceedings to appeal a decision to the Tribunal, the application must be accompanied by a copy of any written record of that decision and any statement of reasons for that decision that the applicant has or can reasonably obtain.
(5)The applicant must provide with the notice of application any fee payable to the Tribunal.
(6)This rule does not apply to the extent that rule 28 applies.
(7)This rule does not apply where a form is prescribed for the purposes of starting proceedings in the Tribunal under Part V of the Rent Act 1977 (rents under restricted contracts) or Part 1 of the Housing Act 1988 (assured tenancies, shorthold and non-shorthold).
27. Time limits
(1)This rule applies where no time limit for starting proceedings is prescribed by or under another enactment.
(2)Where the notice of application relates to a right to appeal from any decision (including any notice, order or licence), the applicant must provide the notice of application to the Tribunal within 28 days after the date on which notice of the decision to which the appeal relates was sent to the applicant.
(3)In a land registration case to which rule 28(3)(c) applies (references by the registrar), the person directed to be the applicant must provide the statement of case to the Tribunal within 28 days after the date on which written notice of receipt by the Tribunal of the reference by the registrar was sent to the applicant.
(4)In an agricultural land and drainage case—
(a)a notice of application under section 67(5) of the 1986 Act (compensation for long-term improvements: consent needed) must be made within 28 days after the date on which notice in writing of the Tribunal’s decision approving the carrying out of the improvement was sent to the landlord;
(b)in proceedings under section 26(1) or 28(2) of the 1986 Act (restriction on operation of notices to quit) for the Tribunal’s consent to the operation of a notice to quit, made by a landlord after service on the landlord by the tenant of a counter-notice, the notice of application must be made within two months after the date of service of the counter-notice;
(c)where, at the expiry of the period specified in section 39(1) of the 1986 Act (application for tenancy of holding), only one application under that section in respect of the holding has been made, any application by the landlord under section 44(1) of that Act (opportunity for landlord to seek Tribunal’s consent to serve notice to quit) must be made before the expiry of two months after the end of that period;
(d)where, at the expiry of the period specified in section 39(1) of the 1986 Act (application for tenancy of holding), more than one application under section 39 of the 1986 Act has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of two months after the Tribunal notifies the landlord that the number of applications under section 39 of the 1986 Act is reduced to one.
28. Referred and transferred cases
(1)This rule applies where a matter is referred, sent or transferred to the Tribunal by—
(a)a rent officer under paragraph 6 of Schedule 11 to the Rent Act 1977;
(b)the registrar under section 73(7) of the 2002 LR Act;
(c)another tribunal, or
(d)a court.
(2)The requirement to start proceedings in accordance with rule 26(1) does not apply.
(3)Upon receipt of a matter to which this rule relates, the Tribunal must provide to the parties written notice specifying—
(a)the date when the Tribunal received the matter;
(b)the names and any known addresses of the parties to the proceedings; and
(c)in a case referred by the registrar, which party or parties will be the applicant or applicants for the purposes of the proceedings and which party or parties will be the respondent or respondents.
(4)Each party whom the Tribunal directs in accordance with paragraph (3) (c) to act as an applicant for the purposes of the Tribunal proceedings, must send or deliver to the Tribunal a statement of case—
(a)containing any information referred to in rule 26(2) which the Tribunal requires;
(b)stating the applicant’s reasons for supporting or objecting to the original application to the registrar;
(c)accompanied by copies of any documents available to the applicant which—
(i)are important to the applicant’s case; or
(ii)the Tribunal or any other party to the proceedings will require in order properly to understand the applicant’s case.
(5)Where a matter has been transferred by a court, the Tribunal may require any party to provide it with a copy of the court order by which the matter was transferred.
29. Notice to respondents, interested persons and other persons
(1)When the Tribunal receives a notice of application in accordance with rule 26(1) or a statement of case in accordance with rule 28(4), the Tribunal must provide a copy of the application and any accompanying documents to the respondent.
(2)The Tribunal must also provide to the respondent a written notice informing the respondent of the requirements of rule 30.
(3)On being notified of the name and address of an interested person, the Tribunal must provide that person with a copy of the application and any accompanying documents.
(4)On receipt of an application relating to service charges, administration charges or estate charges the Tribunal must provide notice of the application to—
(a)the secretary of any recognised tenants’ association within the meaning of section 29 of the Landlord and Tenant Act 1985 identified in the application; and
(b)any person whose name and address is known to the Tribunal whom the Tribunal considers is likely to be significantly affected by the application.
(5)In paragraph (4), “an application relating to service charges, administration charges or estate charges” means an application made under—
(a)section 20ZA or section 27A of or paragraph 8 of the Schedule to the Landlord and Tenant Act 1985; or
(b)section 159 of or paragraph 3 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.
(6)The Tribunal may give notice of the application to any other person it considers appropriate.
(7)Any notice given under paragraph (4) or (6)—
(a)must state that a person may apply to the Tribunal to be joined as a party to the proceedings; and
(b)may be given by publication of the notice in two newspapers (at least one of which should be a freely distributed newspaper) circulating in the locality in which the premises to which the application relates are situated.
(8)Where a rectification application under section 108(2) of the 2002 LR Act has been received by the Tribunal, the Tribunal must provide the person against whom the order is sought and any other person who the Tribunal considers should be a party to the proceedings, with—
(a)a copy of the application, and
(b)a notice specifying that if the person wishes to object, the person must send or deliver to the Tribunal an objection in response within 28 days of the date on which the person received the copy of the application provided by the Tribunal.
(9)The requirement to provide documents referred to in paragraph (1) does not apply where the Tribunal is satisfied that the circumstances to which rule 9(2)(a) (no Tribunal jurisdiction) applies exist.
(10)The requirement under paragraph (3) to provide the notice of application to an interested person does not apply in cases to which section 39, 41 or section 53 of the 1986 Act applies (succession cases); see instead rule 16(3).
30. The response
(1)In circumstances to which rule 28(1)(b) or 29(8) (certain land registration cases) apply, the respondent’s response must—
(a)state the respondent’s reasons for supporting or objecting to the original application or for objecting to the rectification application (as the case may be);
(b)be accompanied by copies of any documents available to the respondent which—
(i)are important to the respondent’s case; or
(ii)the Tribunal or any other party to the proceedings will require in order properly to understand the respondent’s case; and
(c)in circumstances to which rule 28(1)(b) applies, be the respondent’s statement of case and sent or delivered to the Tribunal within such time as the Tribunal may direct.
(2)In an appeal, paragraphs (3) to (6) apply.
(3)The respondent must, unless a practice direction or direction makes different relevant provision, within 28 days after the date on which the respondent was provided with a copy of the notice of application, send or deliver to the Tribunal a response.
(4)The response must state—
(a)the name and address of the respondent;
(b)the name and address of the respondent’s representative (if any);
(c)an address where documents for the respondent may be sent or delivered;
(d)where not included in the application, the name and address of every person who appears to the respondent to be an interested person, with reasons for that person’s interest;
(e)whether the respondent opposes the application and, if so, any grounds for such opposition which are not contained in another document provided with the response;
(f)whether the respondent would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate; and
(g)any further information or documents required by a practice direction or direction.
(5)The respondent must provide with the response a copy of any written record of the decision appealed and any statement of reasons for that decision that the applicant did not provide and the respondent has or can reasonably obtain.
(6)The respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.
Part 4
Hearings
31. Decision with or without a hearing
(1)Subject to the remainder of this rule, the Tribunal must hold a hearing before making a decision which disposes of proceedings.
(2)The Tribunal need not hold a hearing if consent to proceeding without a hearing has been given by—
(a)each party; and
(b)each other person who has been sent a notification as being entitled, invited or permitted to attend the hearing.
(3)For the purposes of paragraph (2) a party or other person shall be taken to have consented if—
(a)the Tribunal has given that party or other person not less than 28 days’ notice of its intention to dispose of the proceedings without a hearing, and
(b)no objection has been received from that party or other person within that time,
except that the Tribunal may regard such a party or other person as having consented upon shorter notice in urgent or exceptional circumstances.
(4)The Tribunal may in any event dispose of proceedings without a hearing under rule 9 (striking out a party’s case) or under rule 39(4) (implementation of court order in land registration cases).
32. Notice of hearings
(1)The Tribunal must give each party reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.
(2)The notice period for a hearing to consider disposal of the proceedings must be no less than 14 days, except that the Tribunal may give shorter notice—
(a)with the parties’ consent; or
(b)in urgent or exceptional circumstances.
33. Public and private hearings
(1)Subject to the following paragraphs, all hearings must be held in public.
(2)The Tribunal may give a direction that a hearing, or part of it, is to be held in private.
(3)Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.
(4)The Tribunal may admit persons to a hearing under paragraph (3) on such terms and conditions as it considers appropriate.
(5)The Tribunal may give a direction excluding from any hearing, or part of it—
(a)any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;
(b)any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;
(c)any person who the Tribunal considers should be excluded in order to give effect to the requirement at rule 17 (8) (prevention of disclosure or publication of documents and information); or
(d)any person where the purpose of the hearing would be defeated by the attendance of that person.
(6)The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.
34. Hearings in a party’s absence
If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—
(a)is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
(b)considers that it is in the interests of justice to proceed with the hearing.
35. Consent orders
(1)The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.
(2)Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1) or provide reasons for the order.
36. Decisions
(1)The Tribunal may give a decision orally at a hearing.
(2)Subject to rule 17(8) (prevention of disclosure or publication of documents and information), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 6) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 6(3)(g)—
(a)a decision notice stating the Tribunal’s decision;
(b)written reasons for the decision or, in cases relating to rents, notification of the right to request written reasons under paragraph (4); and
(c)notification of any right of appeal against the decision and the time within which, and manner in which, such right of appeal may be exercised.
(3)The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.
(4)Where a party is notified under paragraph (2)(b) of the right to request written reasons any such request must be made not later than 1 month from the date the Tribunal sends to the party the decision notice and notification of any right of appeal.
Part 5
Special procedures
[Rules 37 to 40 are not reproduced.]
Chapter 2
Agricultural land and drainage cases relating to succession
41. Succession cases
(1)This rule applies to an application made under section 39 or section 53 of the 1986 Act.
(2)In proceedings under section 39, an applicant who opposes or intends to oppose any other application under that section may include in their own notice of application, or in a separate response, the following additional information—
(a)the reasons why they oppose or intend to oppose that other application;
(b)a statement whether they dispute that applicant’s claim to be a designated applicant and, if so, why;
(c)a claim to be a more suitable applicant than any other and, if so, why;
(d)a statement whether or not the applicant has agreed with one or more other applicants or intending applicants to request the landlord’s consent to a direction entitling them to a joint tenancy of the holding or might be willing to do so.
(3)If the landlord does not respond to an application within the time allowed, the landlord is not entitled to dispute any matter alleged in the application but—
(a)in the case of an application under section 39 or section 53, the landlord is entitled to give the landlord’s views on the suitability of the applicant; and
(b)in the case of an application under section 39, the landlord may make an application under section 44 of the 1986 Act for consent to the operation of a notice to quit.
42. Procedure at hearing in case of multiple applicants where designation is claimed
(1)In proceedings under section 39 of the 1986 Act, the Tribunal must (in such sequence as the Tribunal considers appropriate) at a hearing consider and determine the validity of each applicant’s claim, if any, to be a designated applicant, giving all other parties and all other applicants for succession the opportunity to be heard.
(2)If the Tribunal determines that any such claim is valid, the Tribunal must then hear that applicant’s application as if that applicant were the only applicant and, if the Tribunal determines that the applicant is a suitable person to become the tenant of the holding, the Tribunal must dismiss all other applications under section 39 of the 1986 Act in respect of the same holding.
(3)If the Tribunal determines that the designated applicant is not a suitable person to become a tenant of the holding, the Tribunal must dismiss the application.
43. Multiple applications under the 1986 Act where there is no designated applicant
(1)The Tribunal must, subject to any direction by the Tribunal to the contrary, consider any issue of eligibility or suitability by applying the 1986 Act in the following sequence—
(a)any question arising under section 41(3) of the 1986 Act (treatment as eligible person);
(b)any question of eligibility under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;
(c)any question of suitability under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;
(d)any exercise of discretion under section 39(9) of the 1986 Act (direction for joint tenancy);
(e)any question of relative suitability under section 39(6) of the 1986 Act;
(f)any question arising under section 39(10) of the 1986 Act (tenancy of part of holding);
(g)any question arising under section 44 of the 1986 Act (consent to operation of notice to quit).
(2)Before giving a direction under section 39(9) of the 1986 Act, the Tribunal must—
(a)ask the landlord if the landlord consents to the giving of a direction; and
(b)consider any representations made by other suitable applicants.
(3)The landlord will be deemed not to consent to the giving of a direction under section 39(9) of the 1986 Act if the landlord does not respond to the Tribunal within the period specified by the Tribunal.
(4)Before giving a direction under section 39(10) of the 1986 Act, the Tribunal must ask each applicant whether that applicant agrees to such a direction being given.
[Rules 44 to 48 are not reproduced.]
Part 6
Correcting, setting aside, reviewing and appealing Tribunal decisions
49. Interpretation
In this Part—
“appeal” means the exercise of a right of appeal from the Tribunal—
(a)on a point of law under section 11 of the 2007 Act;
(b)on a point other than a point of law where such a right of appeal is conferred—
(i)by any enactment in relation to a residential property case or a leasehold case;
(ii)by section 111(1) of the 2002 LR Act in relation to a land registration case;
“review” means the review of a decision by the Tribunal under section 9 of the 2007 Act.
50. Clerical mistakes and accidental slips or omissions
The Tribunal may at any time correct any clerical mistake or other accidental slip or omission in a decision, direction or any document produced by it, by—
(a)sending notification of the amended decision or direction, or a copy of the amended document, to each party; and
(b)making any necessary amendment to any information published in relation to the decision, direction or document.
51. Setting aside a decision which disposes of proceedings
(1)The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if—
(a)the Tribunal considers that it is in the interests of justice to do so; and
(b)one or more of the conditions in paragraph (2) are satisfied.
(2)The conditions are—
(a)a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party’s representative;
(b)a document relating to the proceedings was not sent to or was not received by the Tribunal at an appropriate time;
(c)a party, or a party’s representative, was not present at a hearing related to the proceedings; or
(d)there has been some other procedural irregularity in the proceedings.
(3)A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received—
(a)within 28 days after the date on which the Tribunal sent notice of the decision to the party; or
(b)if later, within 28 days after the date on which the Tribunal sent notice of the reasons for the decision to the party.
52. Application for permission to appeal
(1)A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.
(2)An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received within 28 days after the latest of the dates that the Tribunal sends to the person making the application—
(a)written reasons for the decision;
(b)notification of amended reasons for, or correction of, the decision following a review; or
(c)notification that an application for the decision to be set aside has been unsuccessful.
(3)The date in paragraph (2)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 51 or any extension of that time granted by the Tribunal.
(4)If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 6 (3)(a) (power to extend time)—
(a)the application must include a request for an extension of time and the reason why the application was not received in time; and
(b)unless the Tribunal extends time for the application under rule 6 (3)(a) (power to extend time) the Tribunal must not admit the application.
(5)An application under paragraph (1) must—
(a)identify the decision of the Tribunal to which it relates;
(b)state the grounds of appeal; and
(c)state the result the party making the application is seeking.
53. Tribunal’s consideration of application for permission to appeal
(1)On receiving an application for permission to appeal the Tribunal must first consider, taking into account the overriding objective in rule 3, whether to review the decision in accordance with rule 55 (review of a decision).
(2)If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.
(3)The Tribunal must send a record of its decision to the parties as soon as practicable.
(4)If the Tribunal refuses permission to appeal it must send with the record of its decision—
(a)a statement of its reasons for such refusal; and
(b)notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.
(5)The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.
54. Stay pending appeal to the Upper Tribunal
(1)A party who wishes to apply to the Tribunal to stay the implementation of the whole or part of a decision pending the outcome of the appeal must make such an application to the Tribunal at the same time as the party applies to the Tribunal for permission to appeal.
(2)The party applying for a stay under paragraph (1) must provide reasons for the application and provide notice of the application to the other parties.
(3)Before reaching a decision to stay implementation of the whole or part of a decision, the Tribunal must allow the parties the opportunity to make representations or objections.
(4)The Tribunal must notify the parties of any decision that the Tribunal makes as to granting a stay of the implementation of the whole or part of the Tribunal’s decision.
(5)In a land registration case, where the Tribunal’s decision to stay implementation of a decision relates to a decision disposing of the proceedings, the Tribunal must provide to the registrar a copy of the notice under paragraph (4).
(6)The notice under paragraph (4) must—
(a)be in writing;
(b)be dated;
(c)specify the decision made by the Tribunal; and
(d)include the Tribunal’s reasons for the decision.
55. Review of a decision
(1)The Tribunal may only undertake a review of a decision—
(a)pursuant to rule 53 (review on an application for permission to appeal); and
(b)if it is satisfied that a ground of appeal is likely to be successful.
(2)The Tribunal must notify the parties in writing of the outcome of any review, and of any right of appeal in relation to the outcome.
(3)If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.
56. Power to treat an application about a decision as a different type of application
The Tribunal may treat an application for a decision to be corrected or set aside or for permission to appeal against that decision, as an application for any other one of those things.
Forms
Forms for all applications to the First Tier Tribunal are available on the tribunal’s website at the following link: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Agricultural%20Lands%20and%20Drainage
2.2.3 The Agricultural Land Tribunal (Wales only)
Agricultural Land Tribunals (Rules) Order 2007
SI 2007/3105
1. Citation and commencement
This Order may be cited as the Agricultural Land Tribunals (Rules) Order 2007 and comes into force on 15th January 2008.
2. Agricultural Land Tribunals Rules
(1)The Schedule (Agricultural Land [Tribunal]14 Rules) has effect.
(2)The Rules set out in that Schedule may be cited as the Agricultural Land [Tribunal]1 Rules 2007.1
Amendments
3. Revocations and savings
(1)The Agricultural Land Tribunals (Rules) Order 1978 and the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984 are revoked.
(2)Where an application to an Agricultural Land Tribunal—
(a)has been made before the commencement of this Order;
(b)is made after the commencement of this Order for a direction entitling the applicant to a tenancy of an agricultural holding on the death or retirement of the tenant when the date of death or the giving of the retirement notice was before the commencement of this Order; or
(c)is made after the commencement of this Order for the Tribunal’s consent to operation of notice to quit when the date on which the tenant served a counter-notice in writing requiring section 26(1) of the Agricultural Holdings Act 1986 shall apply to the notice to quit was before the date of the commencement of this Order,
the Agricultural Land Tribunals (Rules) Order 1978 or the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984, as the case may be, continue to apply to that application as if they had not been revoked.
Schedule 1
Agricultural Land [Tribunal]15 Rules
Article 2
Part 1
Interpretation
1. Interpretation
In these Rules, unless the context otherwise requires, the following definitions apply—
“the 1947 Act” means the Agriculture Act 1947;
“the 1954 Act” means the Agriculture (Miscellaneous Provisions) Act 1954;
“the 1986 Act” means the Agricultural Holding Act 1986;
“the 1991 Act” means the Land Drainage Act 1991;
“application” means an application to the Tribunal and “apply” and “applicant” have corresponding meanings;
“Chairman” means—
(a)the Chairman of the Tribunal;
(b)a person nominated under paragraph 16(1) of Schedule 9 to the 1947 Act to act as Chairman at any hearing; or
(c)a person appointed under paragraph 16(A) of that Schedule to act as Chairman;
“confidential matter” means any matter that relates to intimate personal, medical or financial circumstances or national security, or is commercially sensitive, or consists of information communicated or obtained in confidence;
“costs” means any costs that the Tribunal has the authority to award under section 5 of the 1954 Act or section 27(7) of the 1986 Act;
“decision” means a decision of the Tribunal on the application before it or any substantive issue that arises in it, and includes a dismissal of an application or reply;
“decision document” has the meaning given by rule 30(4);
“designated applicant” means a person who is validly designated by the deceased in his will in accordance with section 39(4) of the 1986 Act;
“direction” means any order or other determination by a Tribunal or the Chairman other than a decision;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information—
(a)in legible form; or
(b)in a form from which it can be readily produced in a legible form;
“drainage case” means proceedings started by an application under the 1991 Act;
“holding” means land (including a ditch) in respect of which an application is made;
“interested party” includes—
(a)in the case of an application under section 39 of the 1986 Act—
(i)any other applicant under that section or any other person eligible to be such an applicant;
(ii)any personal representative of the deceased tenant, any person eligible to apply to be the personal representative of the deceased tenant or any person administering the estate of the deceased tenant;
(b)in the case of an application under section 53 of the 1986 Act, the tenant of the holding,
but does not include the applicant or the respondent;
“the landlord” means the landlord of the holding;
“other applicant” means any person who is also making an application in respect of the same or some of the same land;
“the official expert” means a person who for his agricultural, drainage or similar expertise is engaged by …16 the Welsh Ministers …2 to report or act on behalf of …2 Welsh Ministers in connection with the application ;
“party” means the applicant or respondent;
“register” means the register of applications and decisions kept by the Secretary;
“reply” includes a reply by a respondent or interested party as provided for in rule 4 of these Rules;
“respondent” means a person against whom any application is made or any person added or substituted as a respondent;
“the Secretary” means the person for the time being acting as Secretary of the Tribunal and includes any assistant Secretary or other officer or servant appointed under paragraph 22 of Schedule 9 to the 1947 Act;
“the Tribunal” means the Agricultural Land Tribunal ….2
Amendments
Part 2
Applications and replies
2. Making an application
(1)An application to the Tribunal must be made in writing.
(2)The application must state—
(a)the name and address of the applicant;
(b)the name and address of every respondent;
(c)the address, description and area of all land which is referred to in the application;
(d)the reasons for the application including particulars of any hardship to the applicant;
(e)the order and every other remedy which the applicant seeks;
(f)the name and address of every person who appears to the applicant to be an interested party, with reasons for that person’s interest;
(g)where the applicant bases his application on the ground of hardship to any person other than himself, the name and address of each such person and particulars of the hardship on which the applicant relies; and
(h)the name, address and profession of any representative of the applicant and whether the Tribunal should deliver notices concerning the application to the representative instead of to the applicant.
(3)The application and any supporting written statement must state at the end “I believe that the facts stated in this document are true” and be signed by the applicant or the applicant’s representative.
(4)The application, any supporting written statement and any accompanying material must be delivered to the Secretary, together with copies of those documents for all respondents.
3. Acknowledgement, registration and delivery of applications
(1)Upon receiving an application the Secretary must—
(a)deliver an acknowledgement of its receipt to the applicant or the applicant’s representative;
(b)enter brief particulars of it in the register; and
(c)deliver copies of the application to the named respondents.
(2)The Secretary must, at the same time, advise the applicant or the applicant’s representative, the respondents and interested parties in writing of the following information—
(a)the title of the proceedings;
(b)the case number of the application entered in the register;
(c)the address to which notices and other communications to the Tribunal must be delivered;
(d)any further steps which they must take; and
(e)that general procedural guidance in relation to the proceedings may be obtained from the office of the Tribunal.
4. Action by respondent on receipt of an application
(1)A respondent who receives a copy of an application must deliver to the Secretary a written reply acknowledging receipt of the application and setting out—
(a)the title of the proceedings, the name of the applicant and the case number;
(b)his name and address and the name and address of every person who appears to the respondent to be an interested party who is not already named in the application, with reasons for that person’s interest;
(c)a statement whether or not he intends to resist the application and, if so, the reasons for resisting it or the position he will adopt;
(d)whether he intends to be present or be represented at any hearing; and
(e)the name, address and the profession of any representative and whether the Tribunal should deliver notices concerning the application to the representative instead of to the respondent.
(2)The reply must state at the end “I believe that the facts stated in this document are true” and be signed by the respondent or the respondent’s representative and must be delivered to the Secretary within one month of the date on which the application was delivered to the respondent by the Secretary.
(3)Copies of the reply and any accompanying material must be provided to the Secretary for all applicants.
(4)The Secretary must deliver copies of the reply to the applicant.
(5)A reply which is delivered to the Secretary after the time appointed by paragraph (3) which contains the respondent’s reasons for the delay must be treated as including an application for an extension of the time so appointed.
(6)Subject to rules 39 and 40(6), a respondent who has not delivered a written reply within the time appointed or extended may not, without the approval of the Chairman, take any part in the proceedings before the Tribunal on the application except—
(a)to apply for an extension of time for delivering a reply;
(b)to apply for a direction that the applicant provide further particulars of his application;
(c)to apply under rule 32 for a review of the Tribunal’s decision for the reason that the respondent did not receive the application or statement of reasons or was not able to deliver a reply;
(d)to be called as a witness; or
(e)to be delivered a copy of a decision or corrected decision.
5. Additional matters
The applicant or respondent may include in the application or reply, or in a separate application to the Tribunal, as appropriate—
(a)a request for disclosure of any document or additional information about an application or reply;
(b)a request for an early hearing of the application or of any question relating to the application, with the reasons for that request;
(c)consent to the matter being dealt with on written representations only;
(d)an application under rule 27(2) for permission to rely on the evidence of more than two experts;
(e)a request for a decision on any question as a preliminary issue.
6. Withdrawal of application or reply
(1)A party may withdraw his application or reply—
(a)at any time before the hearing of the application by delivering to the Secretary a notice signed by the party or the party’s representative stating that the application or reply is withdrawn; or
(b)at the hearing of the application, with the permission of the Tribunal.
(2)The withdrawal of an application or reply does not prevent the Tribunal from exercising its power to award costs.
(3)Any application for such an award of costs must be made promptly.
7. Documents and other material to accompany application or reply
(1)A party must deliver with his application or reply two copies of the following documents (with copies for all other parties)—
(a)maps of any land which is referred to in the application or reply on a scale of 1/10,000 or larger;
(b)every other map (which, where possible, should be on a scale of 1/10,000 or larger), plan, certificate, report or other document which he intends to rely upon for the purposes of his application or reply.
(2)The Chairman may excuse a party from providing any document referred to in paragraph (1) where the document could more conveniently be provided by some other party or where it would be unreasonable on the grounds of expense or otherwise to require it to be delivered at this stage.
(3)A party need not provide a document if copies have already been delivered to the Secretary.
Part 3
Preliminary procedures
8. Amendment of application or reply
(1)A party may, at any time before he is notified of the date of the hearing of the application, amend his application or reply, or deliver a supplementary statement of reasons for the application or reply.
(2)A party may amend his application or reply with the permission of the Chairman at any time after he has been notified of the date of the hearing of the application or at the hearing itself with the permission of the Tribunal and such permission may be granted on terms that the Chairman or Tribunal thinks fit.
(3)A party must deliver a copy of every amendment and supplementary statement to the Secretary and to all other parties.
9.Action by interested parties on receipt of copy of application or reply
(1)An interested party may give notice to the Secretary that he wishes to take part in the proceedings as a respondent.
(2)That person must include in the notice—
(a)the title of the proceedings, the name of the applicant and the case number;
(b)his name and address and the name and address of every person who appears to him to be an interested party who is not already named in the application, with reasons for that person’s interest;
(c)a statement whether or not he intends to resist the application and, if so, the reasons for resisting and or the position he will adopt;
(d)whether he intends to be present or be represented at any hearing; and
(e)the name, address and the profession of any representative and whether the Tribunal should deliver notices concerning the application to the representative instead of to him.
(3)A person who wishes to take part in the proceedings must deliver to the Secretary copies of the notice and accompanying documents to enable the Secretary to send a copy to each of the other parties.
(4)A notice given under this rule shall, if the person giving it is made a respondent to the proceedings, be treated as that person’s reply to the application.
10.Addition of new parties to the proceedings
If the Chairman considers, whether on the application of a party or otherwise, that it is desirable that a person having an interest in the proceedings be made a party, the Chairman may order that person to be joined as a respondent or, with the consent of that person, as an applicant and may give any consequential directions which may be just including directions as to the delivery of documents.
11.Directions
(1)At any stage of the proceedings the Chairman may, either of his own initiative or on the application of a party, give the directions he considers necessary or desirable in the conduct of the application, and may in particular—
(a)direct any party to provide, to the Tribunal and to the other parties, any further information or supplementary statements or to produce any documents or copies of any documents which may reasonably be required;
(b)where a party has access to information which is not reasonably available to the other party, direct the party who has access to the information to prepare and file a summary recording the information;
(c)direct a party who wishes to rely on the evidence of any witness to deliver a signed statement or report of that witness to the Secretary and to the other parties;
(d)give a direction as to—
(i)the issues on which the Tribunal may require evidence;
(ii)the nature of that evidence; and
(iii)the way in which the evidence is to be placed before the Tribunal;
(e)by direction exclude evidence that would otherwise be admissible if the evidence is irrelevant, unnecessary or improperly obtained;
(f)by direction limit cross-examination;
(g)direct any party to lodge before the hearing an outline argument; or
(h)give any direction necessary in the exercise of any of powers conferred by these Rules.
(2)It is a condition of the supply of any document that a party must only use the document supplied for the purposes of the proceedings.
(3)A party cannot be directed to produce any document which a party could not be compelled to produce on the trial of an action in a court of law.
(4)In giving effect to this rule, the Chairman must take into account the need to protect any matter that relates to confidential material.
12. Case management meeting
(1)If the Chairman concludes that any proceedings would be facilitated by holding a case management meeting, he may, on the application of a party or on his own initiative, give directions for a case management meeting to be held.
(2)The Secretary must give the parties not less than 14 days’ notice, or a shorter time if agreed by all parties, of the time and the place of the case management meeting.
(3)At a case management meeting the Chairman must give all directions which appear necessary or desirable for the conduct of the application and where appropriate set a time and place for the hearing of the application and a timetable for the hearing.
(4)The Chairman may encourage parties or their expert witnesses to meet with a view to resolving the dispute without a hearing or with a view to narrowing the issues for the hearing.
13. Preliminary issues
(1)The Chairman may direct that any question of fact or law which appears to be in issue in the application be decided at a preliminary hearing.
(2)If, in the opinion of the Tribunal, deciding that question substantially disposes of the whole application, the Tribunal may treat the preliminary hearing as the hearing of the application and may give such direction as it thinks fit to dispose of the application.
(3)The Tribunal may decide the question and may also dispose of the application without a further hearing, but, in each case, only if—
(a)the parties so agree and the Tribunal has considered any representations made by them;
(b)having regard to the material before it and the nature of the issues raised, to do so would not prejudice the administration of justice; and
(c)there is no important public interest consideration that requires a hearing in public.
(4)Rule 30 applies to the Tribunal’s decisions on a preliminary issue.
14. Varying or setting aside of directions
Where a person to whom a direction issued under these Rules is addressed had no opportunity of objecting to the giving of the direction, that person may apply to the Tribunal, or Chairman as appropriate, to vary it or set it aside, but the Chairman or Tribunal must not do so without first notifying the parties and considering any representations made by them.
15. Failure to comply with directions
(1)If any direction given to a party under these Rules is not complied with by that party, the Tribunal may, before or at the hearing—
(a)dismiss the whole or part of the application; or
(b)strike out the whole or part of a reply and, where appropriate, direct that a respondent is debarred from contesting the application altogether or some part of it.
(2)But a Tribunal must not dismiss, strike out or give such a direction unless notice has been delivered to the party who has not complied, giving that party an opportunity to comply within the period specified in the notice or to establish why the Tribunal should not dismiss, strike out or give such a direction.
16. Notice of date, time and place
(1)Subject to any direction of the Chairman, the Secretary must, with due regard to the reasonable convenience of the parties, and as soon as reasonably practicable, fix the date, time and place of a hearing and, where appropriate, set a timetable for the hearing and, not less than 14 days before the first date fixed (or a shorter time if agreed by the parties), deliver to each party a notice that the hearing is to be or commence on that date and at that time and place and the details of any timetable for the hearing.
(2)The Secretary must include with the notice of hearing—
(a)information and guidance as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right of representation or assistance by another person and the procedure applicable to the hearing, having regard to any applicable burden and standard of proof and rules of evidence;
(b)a statement of the right of the parties to receive reasons in writing for a decision of the Tribunal unless the decision is made by consent of all parties;
(c)a statement explaining the advantages of attendance, the consequences of non-attendance, and the right of an applicant and of any party who has presented a reply, who does not intend to be present or represented at the hearing, to deliver to the Secretary and the other parties, before the hearing, additional written representations or evidence in support of their case; and
(d)a request to be informed of any special requirements, such as for wheelchair access, which a party, representative or witness may have.
(3)When a party receives the notice of the date, time and place of the hearing, he must inform the Secretary whether or not he intends to be present or represented at the hearing, and whether he intends to call witnesses and, if so, their names.
17.Public notice of hearings
The Secretary must provide for public inspection at the office of the Tribunal or through other media a list of all applications for which a hearing is to be held and of the time and place fixed for the hearing.
18.Consolidation or hearing together of applications
(1)Where two or more applications have been lodged in respect of the same subject matter, or in respect of several interests in the same subject matter, or which involve the same or similar issues, the Chairman may, on the application of any party to the applications or on his own initiative, direct that the applications or any particular issue or matter raised in the applications be consolidated or heard together or consecutively.
(2)Before giving a direction under this rule, unless all parties have consented, the Secretary must give notice to the parties to the applications and the Chairman must consider any representations made in consequence of the notice.
(3)Subject to any specific provisions of these Rules or directions by the Chairman, all applications to the Tribunal in respect of any particular holding, whether made by the landlord or tenant, must be heard and determined together.
19.Power to decide application without a hearing
(1)The Tribunal may (except in a drainage case) deal with an application or preliminary issue without a hearing if—
(a)no reply is delivered to the Secretary within the time appointed by rule 4 or any extension of time granted under rule 51 or the parties agree in writing or the respondent states in writing that he does not oppose the application;
(b)there is no other opposition to the application;
(c)having regard to the material before the Tribunal and the nature of the issues raised by the application the Tribunal considers that to do so will not prejudice the administration of justice; and
(d)there is no important public interest consideration that requires a hearing in public.
(2)Before deciding an application in the absence of a party, the Tribunal must consider any representations in writing submitted by that party in response to a notice of hearing.
(3)Nothing in this rule prevents a party from making an application for a review of the Tribunal’s decision under rule 32.
20.Hearing bundles
(1)When practicable and subject to any directions that the Chairman may make, the applicant must compile a hearing bundle containing copies of all relevant documents.
(2)The respondent must assist with the preparation of the hearing bundle.
(3)The contents must be agreed, indexed and paginated.
(4)The applicant must deliver four copies of the bundle to the Secretary and one copy to each of the parties not less than 7 days before the start of the hearing.
Part 4
Hearings and decisions
21. Hearings to be in public
(1)All hearings by the Tribunal must be in public unless the Tribunal is satisfied that, by reason of disclosure of confidential matters it is just and reasonable to hold the hearing or part of a hearing in private.
(2)Subject to any direction by the Tribunal hearing the proceedings, any [deputy chairman of the Agricultural Land Tribunal]17 or any member of a panel for the Tribunal, notwithstanding that he is not part of the Tribunal for the purpose of the hearing, and the Secretary is entitled to attend a hearing whether or not it is in private.
(3)The Tribunal, with the consent of the parties, may permit any other person to attend the hearing of an application which is held in private.
Amendment
22.Failure of parties to attend
(1)If a party fails to attend or be represented at a hearing, the Tribunal may, if it is satisfied that the party was duly notified of the hearing and that there is no good reason for such absence—
(a)hear and decide the application or question in the party’s absence; or
(b)adjourn the hearing,
and may give such directions as it thinks fit.
(2)Before deciding to dispose of any application or question in the absence of a party, the Tribunal must consider the application and any reply, as appropriate, and any written representations or evidence supplied.
(3)Where an applicant has failed to attend or be represented at a hearing of which he was duly notified, and the Tribunal has disposed of the application, no fresh application may be made by the applicant to the Tribunal for relief arising out of the same facts without the prior permission of the Tribunal.
(4)Nothing in this rule prevents the applicant making an application for a review of the Tribunal’s decision under rule 32.
23.Procedure at hearing
(1)At the beginning of any hearing the Chairman may explain the manner and order of proceeding, having regard to any applicable burden and standard of proof and rules of evidence.
(2)The Tribunal—
(a)may conduct the hearing in the manner it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings; and
(b)must, so far as it appears to it appropriate, seek to avoid formality and inflexibility in its proceedings.
(3)The parties may appear at the hearing and may be represented.
(4)The parties may give evidence, call witnesses, question any witnesses and address the Tribunal both on the evidence and generally on the subject matter of the application.
(5)The Tribunal may at any stage of the proceedings direct the personal attendance of any maker of a witness statement or deponent of an affidavit, or any expert whose report has been filed.
(6)The Tribunal may receive evidence of any fact which seems to the Tribunal to be relevant even if the evidence would be inadmissible in law but, subject to rule 27, must not refuse to admit any evidence presented in due time which is admissible in law and is relevant and necessary and has not been improperly obtained.
24. Evidence of witnesses
(1)Except where the Chairman otherwise directs, any party who wishes to rely on the evidence of any witness must deliver a statement of that witness to the Secretary and must deliver copies to every party at least 10 days before the date of the hearing.
(2)The witness statement must state at the end “I believe that the facts stated in this witness statement are true” and be signed by the witness.
25. Entry on land or premises
(1)For the purpose of enabling the Tribunal to understand the issues in any proceedings before it, the Chairman may give a direction requiring the occupier of any land or premises which are relevant to the proceedings to permit the Tribunal (and any party, party’s representative, expert witness, official expert and any of the Tribunal’s officers or members of its staff as the Chairman considers necessary) to enter and inspect the land or premises.
(2)The direction must specify a date and time for the entry and inspection at least 24 hours (or 7 days in drainage cases) after the date when a copy of the direction is delivered to the occupier or the occupier is notified of any change in the date specified.
(3)This direction can be given in a notice of hearing.
(4)If notice of the Tribunal’s intention to enter and inspect any land or premises is given orally at a hearing, the Tribunal may waive the 24 hours’ minimum notice requirement under paragraph (2).
(5)The Secretary must deliver a copy of the direction to the parties and must notify them of any change in the date or time specified.
26. Inspection of land or premises by official expert
(1)The Chairman may direct any person who owns or occupies any land or premises which are relevant to the proceedings to permit the official expert to enter and inspect the land or premises for the purpose for which he was appointed.
(2)Every such direction must, unless the occupier was present when the direction was made, contain a statement informing the occupier that he may apply to the Chairman to vary or set aside the direction.
(3)The occupier of the land or premises and the other parties must be given at least seven days notice of any inspection, unless the occupier and the other parties agree in writing to a shorter period of notice.
(4)That inspection must take place during the hours of daylight and must take place on a business day unless there is good reason or the occupier and parties consent for the inspection to take place on another day.
(5)The Secretary must deliver a copy of the report of the official expert and any written statement made by or on behalf of …18 the Welsh Ministers to each of the parties and inform them that they may make written comments (with copies for all other parties and the official expert) as to the contents of the report within one month (or such other period as the Chairman directs) of receiving the report.
(6)Rules 27, 28 and 29 apply to the report and evidence of the official expert.
(7)In this rule, “business day” means any day except Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.
Amendment
27.Expert evidence
(1)No expert may give oral evidence unless he has provided a written report which has been previously delivered to all parties or the Chairman otherwise directs.
(2)No party may rely on the evidence of more than two experts without the Chairman’s permission.
(3)An application for permission must state—
(a)the reasons why the party wishes to rely on further expert evidence; and
(b)where practicable, the name and address of the experts on whose evidence the party wishes to rely.
(4)If permission is granted it must be in relation only to the experts named and the reasons identified under paragraph (3).
28. Expert’s overriding duty to the Tribunal
(1)It is the duty of an expert to help the Tribunal on the matters within his expertise.
(2)This duty overrides any obligation to the person from whom the expert has received instructions or by whom the expert is paid.
29. Form and content of expert’s report
(1)Expert evidence must be given in a written report unless the Chairman directs otherwise.
(2)Every expert must attend the oral hearing for cross-examination unless the Chairman directs otherwise.
(3)An expert’s report must be addressed to the Tribunal and not to the party from whom the expert has received instructions.
(4)The expert’s report must contain—
(a)details of the expert’s qualifications;
(b)a statement of the substance of all material instructions whether written or oral, on the basis of which the report was written;
(c)details of any literature or any other material which the expert has relied on in making the report;
(d)where there is a range of opinion on the matter dealt with in the report—
(i)a summary of the range of opinion; and
(ii)the reasons for the expert’s own opinion;
(e)a summary of the conclusions reached; and
(f)a statement that the expert understands his duty to the Tribunal and has complied with that duty.
(5)The expert report must be restricted to that which is reasonably required to resolve the proceedings.
30. Decision of Tribunal
(1)A decision of the Tribunal may be taken by a majority.
(2)The Chairman may, at or following the hearing, give the parties an informal, non-binding indication of the decision that the Tribunal is minded to make.
(3)At any time before a decision document is signed by the Chairman, the Tribunal may reconsider of its own accord and if necessary may reconvene the hearing or request further submissions and may decide to make a different decision than previously informally indicated.
(4)Whether there has been a hearing or not, every decision must be recorded in a document (the “decision document”) which, except in the case of a decision by consent, must also contain a statement of the reasons for the decision and must be signed by the Chairman and dated.
(5)The Secretary must deliver a certified copy of the decision document to each party.
(6)Where any document refers to any evidence that has been heard in private, the material relating to that evidence must be omitted from the decision document as the Tribunal may direct.
(7)Every copy of a document or entry delivered to the parties under this rule must be accompanied by a notification of the provisions in these Rules relating to review of the Tribunal’s decision and reference to the High Court on a question of law.
31.Duty to adjourn part of hearing where time limits have not expired
(1)Where on the date appointed for the hearing the time allowed for a response has not expired, or has not started to run, the Tribunal must not proceed to hear the application except with the consent of the party whose response has not been received.
(2)Where consent is required but is not given, the Tribunal must adjourn the proceedings and the Chairman must give such directions as he considers appropriate for the further hearing of the proceedings.
32.Review of Tribunal’s decision
(1)If, on the application of a party or on its own initiative, a Tribunal is satisfied that—
(a)its decision contains a clerical mistake or error arising from an accidental slip or omission or contains an ambiguity that should be clarified or removed;
(b)it should make an additional order or direction which relates to a matter which was presented to the Tribunal but was not dealt with in its decision or which is consequential to its decision;
(c)a party, who was entitled to be heard at a hearing but failed to be present or represented, had a good reason for failing to be present or represented; or
(d)new evidence, to which the decision relates, has become available since the conclusion of the proceedings and its existence could not reasonably have been known or foreseen before then,
the Tribunal may set aside or vary the relevant decision.
(2)An application under paragraph (1) must—
(a)be made in writing stating the reasons in full; and
(b)unless made at the hearing, be delivered to the Secretary within 28 days of a certified copy of the decision document being delivered to the person making the application.
(3)When the Tribunal proposes to review its decision on its own initiative, the Secretary must deliver notice of that proposal to the parties.
(4)The parties must have an opportunity to be heard on any application or proposal for review under this rule and the review must be decided by the Tribunal which decided the case or, where it is not practicable for it to be heard by that Tribunal, by a differently constituted Tribunal.
(5)If having reviewed the decision, the decision is set aside, the Tribunal must substitute the decision it thinks fit or order a rehearing before either the same or a differently constituted Tribunal.
(6)On the setting aside or variation of the Tribunal’s decision, the Secretary must immediately make such correction as may be necessary in the register and deliver a copy of the entry so corrected and the decision document to each of the parties.
(7)Rule 30 applies to the Tribunal’s decision on the review.
Part 5
Additional powers and provisions
33. Power to regulate procedure etc.
(1)Subject to the provisions of the 1947 Act, the 1954 Act, the 1986 Act, and the 1991 Act and of these Rules—
(a)the Tribunal may regulate its own procedure;
(b)the Chairman may regulate procedure at a case management meeting and any other meeting chaired by him alone.
(2)The Tribunal may exercise any power which these Rules give to the Chairman.
34. Power to strike out
(1)On the application of any party, the Tribunal may order that all or part of the application, reply or any document supplied in the course of an application be struck out if it appears to the Tribunal that it—
(a)discloses no reasonable grounds for making or defending the application; or
(b)is an abuse of the Tribunal’s process or is otherwise likely to obstruct the fair disposal of the proceedings.
(2)The Secretary must deliver to the parties copies of an application for an order under this rule, and inform the parties of their opportunity to reply within 28 days or such period as the Chairman considers appropriate explaining why such an order should or should not be made.
35. Exclusion of persons disrupting proceedings
(1)This rule applies to any of the following events—
(a)a hearing before the Tribunal;
(b)an inspection by the Tribunal;
(c)any meeting chaired by the Chairman alone;
(d)an inspection conducted by an official expert.
(2)Without prejudice to any other powers it may have, the Chairman or Tribunal, as appropriate, may—
(a)exclude from any event, or part of it, any person (including a party or a party’s representative) whose conduct has disrupted the event, threatens to disrupt the event, or whose conduct has otherwise interfered with the administration of justice; or
(b)limit the number of persons attending the event in the interests of disease prevention or for other good reason.
(3)In deciding whether to exercise the power conferred by paragraph (2), the Chairman or Tribunal as appropriate, must, apart from other considerations, have regard—
(a)to the interests of the parties;
(b)in the case of the exclusion of a party, to the extent to which the proceedings involve an assessment of the party’s conduct, character or manner of life; and
(c)in the case of the exclusion of a party or a party’s representative, to whether the interests of that party will be adequately protected.
(4)If the Chairman or Tribunal decides to exclude a party it must allow the party’s representative sufficient opportunity to consult the party.
36. Enquiries of local authorities etc
The Chairman or the Tribunal either before or during a hearing may direct that enquiries are made of any local or other public authority or utility within whose area the land in question is situated, and the Tribunal may adjourn the hearing until the response to such enquiries has been received and copies supplied to the parties.
37. …19
…1
Amendment
38.Modification of Tribunal’s decision following High Court proceedings
(1)Following a decision of the [Upper Tribunal]1 the Chairman may exercise the powers of the Tribunal under section 6(5) of the 1954 Act in any case if he considers that it is not necessary to convene the Tribunal for the purpose.
(2)In every other case he must direct the Secretary to fix a date, time and place for the Tribunal to convene.
(3)Where it is not possible or convenient to re-convene the Tribunal as originally constituted, the hearing must take place before a differently constituted Tribunal.
(4)These Rules apply to any proceedings which are consequent on the [notification of an appeal to the Upper Tribunal under section 6 of the 1954 Act or the decision upon such an appeal].20
Amendments
Part 6
Specific applications
39. Consent to operation of notice to quit
An application for the Tribunal’s consent to the operation of a notice to quit under section 26(1) or 28(2) of the 1986 Act which is made by the landlord after service upon him by the tenant of a counter-notice must be made within one month of the service of the counter-notice.
40. Succession on death or retirement
(1)This rule applies to an application made under section 39 or section 53 of the 1986 Act.
(2)Before making such an application, the applicant must deliver a notice in writing of his intention to do so to all interested parties.
(3)The applicant must include in his application, in addition to the information required by rule 2(2), confirmation that he has notified the interested parties.
(4)In the case of proceedings under section 39 of the 1986 Act, an applicant who opposes or intends to oppose any other application under that section may include in his own application, or in a separate reply, the following information, in addition to the information required by rule 2(2)—
(a)reasons why he opposes or intends to oppose that other application;
(b)a statement indicating whether he disputes that applicant’s claim to be a designated applicant and, if so, why;
(c)a claim to be a more suitable applicant than any other;
(d)a statement that he has agreed with one or more other applicants to request the landlord’s consent to a direction entitling them to a joint tenancy of the holding.
(5)If any person entitled to make an application under section 39 of the 1986 Act supplies the information under paragraph (4), he may present evidence and make representations to the Tribunal that he is more suitable to be a tenant than any other applicant.
(6)If the landlord does not reply to an application under section 39 or 53 of the 1986 Act within the time allowed by rule 4(3), he is not entitled to dispute any matter alleged in the application form but—
(a)in the case of an application under section 39 or 53, the landlord is entitled to give his views on the suitability of the applicant; and
(b)in the case of an application under section 39, the landlord may where appropriate make an application under section 44 of the 1986 Act for consent to the operation of a notice to quit.
41. Applications under sections 44, 46 or 55 of the 1986 Act
(1)Where, at the expiry of the period specified in section 39(1) of the 1986 Act, only one application under that section in respect of the holding has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after the end of that period or, if later, one month after a copy of the application under section 39 is delivered to him.
(2)Where at the expiry of that period more than one application under section 39 of the 1986 Act has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after notice is delivered to him by the Secretary that the number of applications under section 39 of the 1986 Act is reduced to one or such earlier date as the Chairman directs.
(3)Any application under section 44(6), section 46(2)(a) or section 55(8) (a) of the 1986 Act must be made in writing to the Secretary before the hearing, or orally at the hearing.
42. Procedure at hearing in case of multiple applicants where designation is claimed
(1)In the case of proceedings under section 39 of the 1986 Act, the Tribunal must (in such order as the Tribunal considers appropriate) consider and determine the validity of each applicant’s claim, if any, to be a designated applicant, giving all other parties and all other applicants for succession the opportunity to be heard.
(2)If the Tribunal determines that any such claim is valid, the Tribunal must then hear that applicant’s application as if that applicant were the only applicant and, if the Tribunal determines that the applicant is a suitable person to become the tenant of the holding, the Tribunal must dismiss all other applications under section 39(1) of the 1986 Act in respect of the same holding.
(3)If the Tribunal determines that the designated applicant is not a suitable person to become a tenant of the holding, the Tribunal must dismiss his application.
43. Multiple applications under the 1986 Act where there is no designated applicant
(1)The Tribunal must, subject to any direction by the Chairman, consider any question of eligibility or suitability by applying the 1986 Act in the following order—
(a)any question arising under section 41(3) of the 1986 Act (treatment as eligible person);
(b)any question of eligibility under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;
(c)any question of suitability under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;
(d)any exercise of discretion under section 39(9) of the 1986 Act (direction for joint tenancy);
(e)any question of relative suitability under section 39(6) of the 1986 Act;
(f)any question arising under section 39(10) of the 1986 Act (tenancy of part of holding);
(g)any question arising under section 44 of the 1986 Act (consent to operation of notice to quit).
(2)Before giving a direction under section 39(9) of the 1986 Act, the Tribunal must—
(a)ask the landlord if he consents to the giving of a direction; and
(b)consider any representations made by other suitable applicants.
(3)The landlord will be deemed not to consent under section 39(9) of the 1986 Act if he does not respond to the Secretary within the period specified by the Chairman.
(4)Before giving a direction under section 39(10) of the 1986 Act, the Tribunal must ask each applicant whether he agrees.
44. Applications under section 67 of the 1986 Act
The period prescribed by these Rules within which a landlord may serve a notice under section 67(5) of the 1986 Act that he proposes himself to carry out an improvement is one month from the date on which notice in writing of the Tribunal’s approval of the carrying out of the improvement is delivered to him.
45. Applications under the Land Drainage Act 1991
(1)On receipt of an application in a drainage case, the Secretary must request …21 the Welsh Ministers …1 to provide the Tribunal with a report on the matters to which the application relates.
(2)A report made under this rule may make recommendations to the Tribunal regarding the application.
(3)The reply delivered under rule 4 may state the respondent’s position pending receipt of the report from the official expert and the applicant’s comments on the recommendations in that report.
(4)On receipt of the report, the Secretary must deliver a copy to every party.
(5)The applicant must, within one month of delivery of a copy of the report to him, deliver to the Secretary written comments on the report (with copies for all other parties and the official expert), including in particular whether, and if so, why they dispute any of the facts or recommendations.
(6)The Secretary must deliver to the respondent a copy of the applicant’s comments and request written comments from the respondent within one month including whether, and if so, why they dispute any of the facts or recommendations.
(7)At the expiry of the one month period referred to in the preceding paragraph, the Secretary must deliver to each party a copy of comments received from every other party.
(8)Each party has a further month from the date of receipt of copies of the comments to write to the Secretary supplementing their original comments and paragraph (7) applies as to delivery of any supplementary comments received by the Secretary.
(9)A report under this rule is prima facie evidence of the facts to which it refers.
(10)Where a report under this rule recommends that an order be made, the Tribunal may make such an order without a hearing if the following conditions are met—
(a)the report recommends that a specified party to the proceedings should be required or authorised to carry out any work or authorised to enter any land;
(b)that person has notified the Secretary of his acceptance of the recommendation; and
(c)every other party has—
(i)notified the Secretary of his acceptance of the recommendation;
(ii)failed to reply to the application within the time allowed; or
(iii)withdrawn their reply.
(11)The Tribunal may, after giving all parties an opportunity to be heard, vary an order made following a decision in a land drainage case, whether as to the time within which any work is to be carried out or otherwise.
(12)An application for such a variation must set out the variation sought and the reasons for the application.
(13)For the purposes of an application under the 1991 Act, the interested parties include the owner and occupier of any land which may be entered or on which any work may be done in pursuance of the proposed order or which could be adversely affected in consequence of the proposed work or improvement.
(14)Where an application is made under section 28 but not section 30 of the 1991 Act the Chairman may direct that the application is to be treated as if it had been made under section 30 for the same or substantially the same work.
Amendment
Part 7
Supplemental provisions
46. Review of directions
The Chairman or the Tribunal may at any time reconsider any direction and may revoke, amend or replace the direction.
47.Irregularities
(1)Any irregularity resulting from a failure to comply with any provisions of these Rules or any direction of the Tribunal or of the Chairman before the Tribunal has reached its decision does not of itself render the proceedings invalid.
(2)Where any such irregularity comes to the attention of the Tribunal, the Tribunal or the Chairman as appropriate may give any directions it thinks just, before reaching its decision, to cure or waive the irregularity.
(3)Clerical mistakes in any document recording a direction or decision of the Tribunal or the Chairman, or errors arising in such a document from an accidental slip or omission, may be corrected by the Chairman by certificate in writing.
48. Proof of documents and decisions
(1)Any document purporting to be a document signed or issued by the Secretary on behalf of the Tribunal is, unless the contrary is proved, deemed to be a document so executed or issued as the case may be.
(2)A document purporting to be certified by the Secretary to be a true copy of a decision of the Tribunal or of any entry of a decision in the register is, unless the contrary is proved, sufficient evidence of the decision of the Tribunal or the entry and of matters contained in it.
49. Method of delivering and receipt of documents
(1)Any document required or authorised by these Rules to be delivered to any person, body or authority is duly delivered to that person, body or authority—
(a)if it is sent to the proper address of that person, body or authority by post, by special delivery, by recorded delivery or otherwise with proof of posting;
(b)if it is sent to that person, body or authority at that address by fax or other means of electronic communication which produces a text which is received in legible form; or
(c)if it is delivered to or left at the proper address of that person, body or authority,
provided that it will only duly be delivered by fax or other means of electronic communication if the recipient consents in writing to the use of that means.
(2)For the purposes of the proviso in paragraph (1), a legal representative is deemed to consent in writing if the reference or address for the means of electronic communication is shown as an acceptable means of delivery on the legal representative’s notepaper.
(3)Where a document has been sent in accordance with paragraph (1) it shall, unless the contrary is proved, be taken to have been received by the party to whom it is addressed—
(a)in the case of a document sent by post, on the day on which the document would be delivered in the ordinary course of post;
(b)in the case of a document transmitted by fax or other means of electronic communication, on the day on which the document is transmitted; or
(c)in the case of a notice or document delivered in person, on the day on which the document is delivered.
(4)Any document required or authorised to be delivered may—
(a)in the case of a company or other body incorporated or registered in the United Kingdom, be delivered to the secretary or clerk of the company or body;
(b)in the case of a company or other body incorporated outside the United Kingdom, be delivered to the person authorised to accept it;
(c)in the case of a partnership, be delivered to any partner; or
(d)in the case of an unincorporated association other than a partnership, be delivered to any member of the governing body of the association.
(5)The proper address of any person, body or authority to whom any document is required or authorised to be delivered is—
(a)in the case of a secretary or clerk of an incorporated company or other body registered in the United Kingdom, that of the registered or principal office of the company or body;
(b)in the case of the person authorised to accept it on behalf of a company or other body incorporated outside the United Kingdom, the address of the principal office or place of business of that company or other body in the United Kingdom;
(c)in the case of the Tribunal or the Secretary, the address of the office of the Tribunal;
(d)in the case of any other person, the usual or last known address of that person.
(6)Where any document is to be delivered to a diocesan board of finance as having an interest in land, a copy must also be delivered to the Church Commissioners.
50.Substituted delivery of documents
If any person to whom any document is required to be delivered for the purposes of these Rules—
(a)cannot be found or has died and has no known personal representative; or
(b)is out of the United Kingdom,
or if for any other reason delivery to that person cannot be readily effected, the Chairman may dispense with the delivery to that person or may give a direction for substituted delivery to another person or in any other form (whether by advertisement in a newspaper or otherwise) which the Chairman may think fit and may make such consequential directions as he considers appropriate.
51.Variation of time limits
(1)The Chairman may extend any time limit under these Rules or in any direction whether or not it has already expired, where he considers that it would not be reasonable to expect or have expected compliance with the time limit and he may shorten any time limit where he considers that it would be reasonable to expect compliance within a shorter time limit.
(2)Before deciding whether to extend or shorten the time limit the Chairman must give persons whose interests might be affected an opportunity to be heard or to make objections in writing and responses must be made within five days or such period as the Chairman considers appropriate.
(3)Unless the Chairman otherwise directs, a time limit may be varied once by the written agreement of all parties provided that the Secretary is notified in writing of the agreement before the original time limit expires.
(4)Unless the Chairman otherwise directs, a variation of a time limit under paragraph (3) must end not more than 28 days after the original time limit and end no less than seven days before a hearing.
(5)Any application for an extension or shortening of time must be in writing, stating reasons for the delay and enclosing copies for all other parties.
Forms
Forms for all applications to the Agricultural Land Tribunal (Wales) are available on the tribunal’s website at the following link: http://alt.gov.wales/guidance-forms/?lang=en.
1SI 2013/1169, as amended by SI 2014/2128 with effect from 1 September 2014.
2See the Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 3(2).
3Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 3 (4).
4Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 4.
5See the Agricultural Holdings Act 1986, ss 26 (1) or 28 (2). And above Chapter 7 para 7.18 ff above.
6Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 27(4).
7Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 27(4)(c), (d). Potential successors have three months following the tenant’s death to make an application for succession: see Chapter 8 para 8.04 above.
8Agricultural Land Tribunal (Rules) Order 2007, SI 2007/3105, Sch, r 41.
9Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 6.
10Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 33.
11See the Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 52(5).
12Substituted by the Tribunal Procedure (Amendment No. 3) Rules 2014,SI 2014/2128, rr 29, 30(a).
13Inserted by the Tribunal Procedure (Amendment No. 3) Rules 2014,SI 2014/2128, rr 29, 30(b).
14Substituted by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, art 6(2), Sch 2, paras 60, 61.
15Substituted by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(a).
16Repealed by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(b).
17Substituted by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(c).
18Repealed by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(d).
19Repealed by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(e).
20Substituted by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(f).
21Repeaeled by the Transfer of Tribunal Functions Order 2013,SI 2013/1036, Art 6(2), Sch 2, paras 60, 62(g).