Practice Statement from the Senior President of Tribunals: Authorising Registrars and Legal Officers to carry out functions of a judicial nature in the First-tier Tribunal (General Regulatory Chamber)

General Regulatory Chamber (First-tier Tribunal)TribunalsPractice Guidance

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  1. This Practice Statement replaces the previous Practice Statement dated 7 December 2022 in respect of the delegation of certain judicial functions to Registrars and legal officers. References in this Practice Statement to numbered rules are to the rules so numbered in the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the Rules”).
  2. In accordance with rule 4(1), the Senior President of Tribunals hereby authorises a member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 or section 2(1) of the Courts Act 2003 and designated by the President of the General Regulatory Chamber of the First-tier Tribunal (“the GRC”) as a “Legal Officer” to carry out the following functions of the GRC under the Rules, to the extent that that Legal Officer has been authorised to exercise those functions by the GRC President:

    (a) giving directions in relation to the conduct or disposal of proceedings under rule 5(2), including conducting case management hearings;
    (b) under rule 5, to exercise case management powers pursuant to rules 5(3)(a)–(i);
    (c) under rule 7(2)(a) or (b), to deal with any irregularities resulting from failures to comply with rules, practice directions or directions, by waiving the requirement concerned or requiring the failure to be remedied;
    (d) under rule 9, to give directions to add, substitute or remove a party;
    (e) under rule 14, to make any order or direction regarding the disclosure or publication of documents or information;
    (f) under rule 15(1), to give directions in relation to the giving of oral or written evidence and submissions;
    (g) under rule 17, to consent to the withdrawal of a case, or direct the reinstatement of a case; and
    (h) under rule 37, to make consent orders;
    (i) under rule 40, to correct clerical mistakes or other accidental slips or omissions.
  1. In accordance with rule 4(1), the Senior President of Tribunals hereby authorises a legally qualified member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 or section 2(1) of the Courts Act 2003 and designated by the GRC President as a “GRC Registrar” to carry out the following functions to the extent that that Registrar has been authorised to exercise those functions by the GRC President:

    (a) under rule 5, to exercise any case management powers, including conducting case management hearings;
    (b) under rule 7, to deal with any irregularities resulting from failures to comply with rules, practice directions or directions;
    (c) under rule 8, to strike out or reinstate proceedings and to make summary determinations under rule 8(8);
    (d) under rule 9, to give directions to add, substitute or remove a party;
    (e) under rule 10(1), to make orders in respect of costs (or, in Scotland, expenses), on application by a party, but not where the application relates to a decision made by a judge (whether alone or with one or more other members);
    (f) under rule 14, to make any order or direction concerning the disclosure or publication of documents or information;
    (g) to make any direction or decision permitted under rule 15
    (h) under rule 16, to summons witnesses and issue orders to persons to answer questions or produce documents;
    (i) under rule 17, to consent to the withdrawal of a case, or to direct its reinstatement;
    (j) under rules 19A and 20, to make decisions and directions regarding the suspension, staying or sisting of decisions that are or may be the subject of appeals to, or other proceedings in, the Tribunal;
    (k) under rule 37, to make consent orders;
    (l) under rule 40, to correct any clerical mistake or other accidental slip or omission in a decision;
    (m) under rule 41, to set aside a decision which disposes of proceedings, where that decision has been made by a GRC Registrar pursuant to this paragraph; and
    (n) under rule 45, to treat an application as a different type of application.
  1. In accordance with rule 4(3), within 14 days after the date that the Tribunal sends notice to a party or person of a decision made by a Legal Officer or GRC Registrar pursuant to paragraphs 2 and 3 above (including a decision not to take any action thereunder), that party or person may apply in writing to the Tribunal for the decision to be considered afresh by a judge.

Sir Keith Lindblom
Senior President of Tribunals
3 July 2023

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