The Tribunal Procedure (Amendment) Rules 2025
The Tribunal Procedure (Amendment) Rules 2025, effective May 30th, 2025, amend several sets of tribunal procedure rules.
Key changes include clarifying that tribunals can set aside decisions on their own initiative or applications by parties, and mandating written notification to all parties when a decision is set aside. Additionally, a specific amendment restores community patient rights regarding hearings in health-related cases.
These amendments improve procedural fairness and address issues identified in past legislation and case law.
Arguments For
Improved clarity and consistency: The amendments clarify the tribunals' power to set aside decisions, addressing ambiguity highlighted in previous case law (MA v Secretary of State for Work and Pensions [2020] UKUT 172 (AAC)). This ensures fairer and more predictable procedures.
Enhanced procedural fairness: The requirement for written notification of decisions being set aside improves transparency and ensures all parties are informed promptly about significant changes affecting their cases.
Efficient use of tribunal resources: By granting tribunals the explicit power to act on their own initiative to set aside decisions, the amendments allow for quicker correction of errors and prevent unnecessary further procedures.
Effective legislative response: The rules respond directly to identified gaps and inconsistencies in existing legislation following a judicial ruling. This demonstrates proactive legislative responses to court rulings.
Restoration of pre-existing rights (in limited circumstances): the amendment to rule 35(5) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 restores rights for certain patients regarding hearings, addressing the unintended consequences of previous changes.
Arguments Against
Potential for increased workload: The increased power for tribunals to set aside decisions might lead to a higher number of cases reviewed and more administrative work for tribunal staff.
Unintended consequences: While aiming for clarity, the amendments might create new complexities or unintended consequences in specific situations not adequately addressed.
Resource implications of mandatory notification: The requirement for written notification adds to the administrative burden on tribunals, potentially impacting resource allocation.
Limited scope of change: The rule amendments focus on a very specific aspect of tribunal procedure, leaving room for further ambiguities or areas requiring clarification in the broader context.
Alternative approaches: Further evaluation of case law and procedural inefficiencies could inform alternative approaches to handling cases where decisions must be set aside.
- Citation and commencement These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2025 and come into force on 30th May 2025.
This section establishes the official title of the rules as the "Tribunal Procedure (Amendment) Rules 2025" and sets their effective date as May 30th, 2025.
- Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (1) The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 are amended as follows. (2) In rule 37 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
This section amends the 2008 Social Entitlement Chamber Rules.
Specifically, it modifies rule 37 (setting aside decisions) to clarify that tribunals can now act on their own initiative or party applications, and adds a requirement for written notification of any decision to set aside.
- Amendments to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (1) The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 are amended as follows. (2) In rule 35 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
Similar to Section 2, this section amends the 2008 War Pensions and Armed Forces Compensation Chamber Rules by clarifying the tribunal’s power to set aside decisions and adding a mandatory written notification requirement.
- Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 (1) The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows. (2) In rule 43 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (5) insert— “(6) If the Upper Tribunal sets aside a decision or part of a decision under this rule, the Upper Tribunal must notify each party in writing as soon as reasonably practicable.”
This section amends the 2008 Upper Tribunal Rules, mirroring the changes in Sections 2 and 3 to clarify the power to set aside decisions and mandate written notifications.
- Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (1) The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 are amended as follows. (2) In rule 35(5) (restrictions on disposal of proceedings without a hearing) for “Paragraph (3)” substitute “Paragraph (3)(b)”; (3) In rule 45 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
This section amends the 2008 Health, Education and Social Care Chamber Rules.
It modifies rule 35(5) to narrow its application and adds changes to rule 45 to clarify tribunal powers to set aside decisions and mandates written notifications.
- Amendment to the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (1) The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 are amended as follows. (2) In rule 38(1) (setting aside a decision which disposes of proceedings) after “may” insert “‚on the application of a party or on its own initiative‚”.
This section amends the 2009 Tax Chamber rules to clarify the tribunal's ability to set aside decisions, allowing action on its own initiative or a party's application.
- Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 are amended as follows. (2) In rule 41 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
This section amends the 2009 General Regulatory Chamber rules.
It clarifies the power of the tribunal to set aside decisions and introduces a written notification requirement.
- Amendments to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (1) The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 are amended as follows. (2) In rule 54 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
This section amends the 2010 Lands Chamber rules, making similar changes to clarify the tribunal’s authority regarding setting aside decisions and adding a requirement for written notification to parties.
- Amendments to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (1) The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 are amended as follows. (2) In rule 51 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
Amendments to the 2013 Property Chamber rules clarify the tribunal's power to set aside decisions and add a requirement for written notification to impacted parties.
- Amendments to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are amended as follows. (2) In rule 32 (setting aside a decision which disposes of proceedings)— (a) in paragraph (1) after “may” insert “‚on the application of a party or on its own initiative‚”; (b) after paragraph (3) insert— “(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.”
The 2014 Immigration and Asylum Chamber rules are amended to clarify the tribunal's power to set aside decisions and mandate that all relevant parties receive written notification.
Explanatory Note (This note is not part of the Rules) These Rules amend the tribunal procedure rules that apply in the First-tier Tribunal and Upper Tribunal, to expressly provide that the power to set-aside a decision of a tribunal which disposes of proceedings can be exercised by the First-tier Tribunal and Upper Tribunal, either on the application of a party or on the tribunals’ own initiative. These amendments are made to clarify the tribunals’ power to set-aside, following the decision of the Upper Tribunal in MA v Secretary of State for Work and Pensions [2020] UKUT 172 (AAC). Additionally, rule 5(2) amends rule 35(5) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (restrictions on disposal of proceedings without a hearing) (as inserted by rule 4(2)(b) of the Tribunal Procedure (Amendment No. 2) Rules 2024) (“2024 Amendment No. 2 Rules”) to narrow its application to hospital-based patients only. Currently, rule 35(5) provides that the Tribunal may not make a decision without a hearing on certain references, where the patient’s case has not previously been considered by the Tribunal or where the patient’s case was last considered by the Tribunal without a hearing. The amendment restores the right of community patients whose case has been referred to the Tribunal, to choose not to have a hearing of their reference in all circumstances, as was the case prior to amendments made by the 2024 Amendment No. 2 Rules. No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.
The explanatory note summarizes the amendments' purpose: to clarify tribunals' power to set aside decisions, based on the Upper Tribunal's decision in MA v Secretary of State for Work and Pensions.
It also explains an amendment to rule 35(5) that restores certain rights for community patients regarding hearings, reversing previous changes brought by the 2024 Amendment No. 2 Rules.
The note concludes that no significant impact assessment was conducted as no significant impact on private, voluntary, or public sectors is anticipated.