text:
Citation and commencement
1
1
These Regulations may be cited as the Residential Property Tribunal Procedure (England) Regulations 2006.
2
These Regulations shall come into force on 13th April 2006.
Interpretation
2
In these Regulations —
“ the Act ” means the Housing Act 2004;
“the 1985 Act ” means the Housing Act 1985 ;
“application” means an application or appeal to a tribunal under the Act or Part 9 of the 1985 Act and “applicant” bears a corresponding meaning;
“case management conference” means a pre-trial review or any other meeting held by a tribunal for the purpose of managing the proceedings in respect of an application;
“the Fees Regulations ” means the Residential Property Tribunals (Fees)(England) Regulations 2006 ;
“ IMO authorisation application” means an application for authorisation to make an interim management order ;
“interested person” means in relation to a particular application —
a person other than the applicant who would have been entitled under the Act or the 1985 Act (as the case may be) to make the application;
a person to whom notice of the application must be given by the applicant in accordance with the following provisions of the Act —
section 73(7);
section 96(7);
paragraph 11(2) of Schedule 1; or
paragraph 14(2) of Schedule 3;
a person to whom the tribunal must give the opportunity of being heard in accordance with the following provisions of the Act —
section 34(4); or
section 317(2);
the LHA where it is not a party to the application;
“LHA” means the local housing authority ;
“premises” means the dwelling or building to which the application relates;
“the respondent” means, in respect of an application to which a paragraph of the Schedule to these Regulations applies, the person or persons, or one of the persons, specified in sub-paragraph (3) of that paragraph;
“statement of reasons” means a statement of reasons prepared by the LHA under section 8 of the Act (reasons for decision to take enforcement action); and
“tribunal” means a residential property tribunal, and “the tribunal” in relation to an application means the tribunal by which the application is to be determined.
Application
3
These Regulations apply to proceedings of residential property tribunals for determining applications in respect of premises in England made —
a
under the Act;
b
under section 318(1) of the 1985Act in respect of applications made on or after 6 th April 2006; or
c
under any of sections 269(1), 272(1) or (2)(a), 272(2)(b), or 317(1) of the 1985 Act in respect of demolition orders made on or after 6 th April 2006.
The overriding objective
4
1
When a tribunal —
a
exercises any power under these Regulations; or
b
interprets any regulation,
it must seek to give effect to the overriding objective of dealing fairly and justly with applications which it is to determine.
2
Dealing with an application fairly and justly includes —
a
dealing with it in ways which are proportionate to the complexity of the issues and to the resources of the parties;
b
ensuring, so far as practicable, that the parties are on an equal footing procedurally and are able to participate fully in the proceedings;
c
assisting any party in the presentation of his case without advocating the course he should take;
d
using the tribunal’s special expertise effectively; and
e
avoiding delay, so far as is compatible with proper consideration of the issues.
Request for extension of time to make an application
5
1
This regulation applies where a person makes a request to a tribunal for permission to make an application after the end of the period stipulated in the Act as the period within which the application must be made.
2
A request to which this regulation applies must —
a
be in writing;
b
give reasons for the failure to make the application before the end of that period and for any further delay since then;
c
include a statement that the person making the request believes that the facts stated in it are true; and
d
be dated and signed.
3
Where a request mentioned in paragraph (1) is made, the applicant must at the same time send the completed application to which the request relates to the tribunal.
Particulars of application
6
1
An application must be in writing and must include the following particulars —
a
the applicant’s name and address;
b
the name and address of the respondent where known to the applicant, or where not known a description of the respondent’s connection with the premises;
c
the address of the premises;
d
the applicant’s connection with the premises;
e
the applicant’s reasons for making the application including the remedy sought;
f
where known to the applicant, the name and address of any interested person;
g
a statement that the applicant believes that the facts stated in the application are true; and
h
in respect of each application to which a paragraph in the Schedule to these Regulations applies, the documents specified in sub-paragraph (2) of that paragraph.
2
Any of the particulars required by paragraph (1) may be dispensed with or relaxed if the tribunal is satisfied that —
a
the particulars and documents included with an application are sufficient to establish that the application is one which may be made to a tribunal; and
b
no prejudice will be, or is likely to be, caused to any party to the application.
3
A single qualified member of the panel may exercise the power conferred by paragraph (2).
Acknowledgement and notification of application by tribunal
7
1
As soon as practicable after receiving the application, the tribunal must —
a
send an acknowledgement of receipt to the applicant; and
b
send a copy of the application and of each document accompanying it to the respondent.
2
Except in a case to which regulation 9 applies, the tribunal must also send to the respondent a notice specifying the date by which he must send the reply mentioned in regulation 8.
3
The date specified in the notice must not be less than 14 days after the date specified in the notice as the date on which it was made.
Reply by respondent
8
1
This regulation applies where a respondent receives the notice mentioned in regulation 7(2).
2
Where this regulation applies the respondent must by the date specified in that notice send to the tribunal a written reply acknowledging receipt of the copy documents sent in accordance with regulation 7(1)(b) and stating —
a
whether or not he intends to oppose the application;
b
where not already included in the application, the name and address of each interested person known to the respondent; and
c
the address to which documents should be sent for the purposes of the proceedings.
Urgent IMO authorisation applications
9
1
This regulation applies where the LHA requests a tribunal to deal with an IMO authorisation application as a matter of urgency.
2
Where it appears to the tribunal, on the basis of information accompanying the application, that the exceptional circumstances mentioned in paragraph (3) exist, it may order that an oral hearing (an “urgent oral hearing”) shall be held without complying with the notice requirements of regulation 25.
3
The exceptional circumstances are that —
a
there is an immediate threat to the health and safety of the occupiers of the house or to persons occupying or having an estate or interest in any premises in the vicinity of the house; and
b
by making the interim management order as soon as possible (together where applicable with such other measures as the LHA intends to take) the LHA will be able to take immediate appropriate steps to arrest or significantly reduce the threat.
4
The tribunal must as soon as practicable notify the parties and each interested person whose name and address have been notified to it —
a
that the application is being dealt with as a matter of urgency under this regulation;
b
of the reasons why it appears to the tribunal that the exceptional circumstances exist;
c
of any requirement to be satisfied by a party before the hearing; and
d
of the date on which the urgent oral hearing will be held.
5
The date of the hearing must be not less than 4 days after the date that notification of the urgent oral hearing is sent.
6
At the urgent oral hearing the tribunal must —
a
if it is satisfied upon hearing evidence that the exceptional circumstance do exist, determine the application; or
b
if it is not so satisfied —
i
adjourn the hearing; and
ii
give such directions as it considers appropriate.
7
A single qualified member of the panel may —
a
exercise the power conferred by paragraph (2); and
b
decide the date of the urgent oral hearing.
8
Where the tribunal orders an urgent oral hearing the notice provisions contained in the following regulations shall not apply to the application —
a
regulation 21(5) (notice for an inspection); and
b
regulation 25(3) and (4) (notice of hearing).
Request to be treated as an applicant or respondent
10
1
A person (“the potential party”) may make a request to the tribunal to be joined as a party to the proceedings.
2
Any request under paragraph (1) —
a
may be made without notice;
b
must be in writing;
c
must give reasons for the request; and
d
must specify whether the potential party wishes to be treated as —
i
an applicant; or
ii
a respondent.
3
As soon as practicable after reaching its decision whether to grant or refuse a request under paragraph (1), the tribunal must —
a
notify the potential party of the decision and the reasons for it; and
b
send a copy of the notification to the existing parties.
4
Any potential party whose request under paragraph (1) is granted must be treated as an applicant or respondent for the purposes of regulations 4, 9, 11, 13 to 37 and 39 to 41.
5
In the regulations mentioned in paragraph (4) any reference to an applicant or a respondent must be construed as including a person treated as such under this regulation, and any reference to a party must be construed as including any such person.
6
A single qualified member of the panel may grant or refuse a request under paragraph (1).
Determining applications together
11
1
This regulation applies where separate applications have been made which in the opinion of the tribunal —
a
involve related issues concerning the same premises; or
b
are made in respect of two or more premises in which the same parties have interests and as to which similar or related issues fall to be determined.
2
Where paragraph (1) applies, the tribunal may order that —
a
some or all of those applications; or
b
particular issues or matters raised in the applications,
shall be determined together.
Payment of fees
12
Where a fee which is payable under the Fees Regulations is not paid within a period of 14 days from the date on which the application is received, the application shall be treated as withdrawn unless the tribunal is satisfied that there are reasonable grounds not to do so.
Representatives
13
1
This regulation applies where a party or an interested person makes a request in writing to the tribunal for information or documents to be supplied to his representative.
2
A request mentioned in paragraph (1) must contain the name and address of the representative.
3
Where this regulation applies any duty of the tribunal under these Regulations to supply any information or document shall be satisfied by sending or giving it to the representative.
Supply of information and documents to interested persons
14
1
Where the tribunal is notified of the name and address of an interested person, it must ensure that as soon as is practicable he is supplied with —
a
a copy of the application;
b
an explanation of the procedure for applying to be joined as an applicant or respondent; and
c
any other information or document which the tribunal considers appropriate.
2
The tribunal may ensure the supply of information or documents under paragraph (1) by —
a
itself supplying the interested person with the information or documents; or
b
requiring a party to do so by an order made under regulation 16(2).
3
Where information and documents are supplied to an interested person in accordance with paragraph (1) but —
a
he responds to the tribunal but is not joined as a party under regulation 10; or
b
he does not so respond,
the tribunal shall not be under any further duty to ensure the supply of information or documents to that person.
Supply of documents by tribunal
15
1
Before determining an application, the tribunal must take all reasonable steps to ensure that each of the parties is supplied with —
a
a copy of any document relevant to the proceedings (or sufficient extracts from or particulars of the document) which has been received from any other party or from an interested person (other than a document already in his possession or one of which he has previously been supplied with a copy); and
b
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.
2
At a hearing, if a party has not previously received a relevant document or a copy of, or sufficient extracts from or particulars of, a relevant document, then unless —
a
that person consents to the continuation of the hearing; or
b
the tribunal considers that that person has a sufficient opportunity to deal with the matters to which the document relates without an adjournment of the hearing,
the tribunal must adjourn the hearing for a period which it considers will give that person a sufficient opportunity to deal with those matters.
Supply of information and documents by parties
16
1
Subject to paragraph (5), the tribunal may make an order requiring a party to supply to the tribunal any information or document which it is in the power of that party to supply and which is specified, or of a description specified, in the order.
2
The tribunal may make an order requiring a party to supply to another party or to an interested person copies of any documents supplied or to be supplied to the tribunal under paragraph (1).
3
A party who is subject to an order made under paragraph (1) or (2) must supply such information, documents or copies by such time as may be specified in, or determined in accordance with, the order.
4
Subject to paragraph (5) the tribunal may make an order requiring any person to attend an oral hearing to give evidence and produce any documents specified, or of a description specified, in the order which it is in the power of that person to produce.
5
Paragraphs (1) and (4) do not apply in relation to any document which a person could not be compelled to produce on the trial of an action in a court of law in England.
6
A single qualified member of the panel may make an order under paragraph(1), (2) or (4) which is —
a
preliminary to an oral hearing; or
b
preliminary or incidental to a determination.
Failure to comply with an order to supply information and documents
17
Where a party has failed to comply with an order made under regulation 16(1), (2) or (4) the tribunal may make an order dismissing or allowing the whole or part of the application.
Determination without a hearing
18
1
Subject to paragraphs (2) and (6) the tribunal may determine an application without an oral hearing if it has given the parties not less than 14 days' notice in writing of its intention to do so.
2
At any time before the application is determined —
a
the applicant or the respondent may request an oral hearing; or
b
the tribunal may give notice to the parties that it intends to hold an oral hearing.
3
Where a request is made or a notice given under paragraph (2) the tribunal must give notice of a hearing in accordance with regulation 25.
4
A determination without an oral hearing may be made in the absence of any representations by the respondent.
5
A single qualified member of the panel may decide whether an oral hearing is or is not appropriate to determine an application .
6
This regulation does not apply to an application to which regulation 9 (urgent IMO authorisation applications) applies.
Interim orders
19
1
A tribunal may make an order on an interim basis (an “interim order”) —
a
suspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before it; or
b
for the time being granting any remedy which it would have had power to grant in its final decision.
2
Where the tribunal makes an interim order without first giving the parties the opportunity to make representations with regard to making it, a party may request that the interim order be varied or set aside.
3
Any such request may be made —
a
orally at a case management conference or hearing;
b
in writing; or
c
by such other means as the tribunal may permit.
4
An interim order must be recorded as soon as possible in a document which, except in the case of an order made with the consent of all parties, must give reasons for the decision to make the order.
5
This regulation does not apply to an IMO authorisation application.
Directions
20
1
A party may request the tribunal to give directions by order under its general power in section 230(2) of the Housing Act 2004.
2
A party to whom a direction is addressed may request the tribunal to vary it or set it aside.
3
A request referred to in paragraph (1) or (2) may be made —
a
orally at a case management conference or hearing;
b
in writing; or
c
by such other means as the tribunal may permit.
4
The party making the request must specify the directions which are sought and the reasons for seeking them.
5
A single qualified member of the panel may give a procedural direction as to any matter which is —
a
preliminary to an oral hearing; or
b
preliminary or incidental to a determination.
6
In paragraph (5)(a), “procedural direction” means any direction other than one of those set out in paragraphs (a) to (e) of section 230(5) of the Act.
Inspection of premises and neighbourhood
21
1
Subject to paragraph (3) the tribunal may inspect —
a
the premises;
b
any other premises inspection of which may assist the tribunal in determining the application;
c
the locality of the premises.
2
Subject to paragraph (3) —
a
the tribunal must give the parties an opportunity to attend an inspection; and
b
a member of the Council on Tribunals who is acting in that capacity may attend any inspection.
3
The making of and attendance at an inspection is subject to any necessary consent being obtained.
4
Where there is an oral hearing, an inspection may be carried out before, during, or after the hearing.
5
Subject to paragraph (6), the tribunal must give the parties not less than 14 days notice of the date, time and place of the inspection.
6
Any of the requirements for notice in paragraph (5) may be dispensed with or relaxed if the tribunal is satisfied that the parties have received sufficient notice.
7
Where an inspection is made after the close of an oral hearing, the tribunal may reopen the hearing on account of any matter arising from the inspection, after giving reasonable notice of the date, time and place of the reopened hearing to the parties.
Expert evidence
22
1
In this regulation “expert” means an independent expert who is not an employee of a party.
2
Subject to paragraph (4) a party may adduce expert evidence, and in doing so must —
a
provide the tribunal with a written summary of the evidence; and
b
supply a copy of that written summary to each other party at least 7 days before —
i
the date of the relevant oral hearing notified in relation to the application under regulation 25; or
ii
the date notified under regulation 18 upon which the application will be determined without an oral hearing.
3
An expert’s written summary of his evidence must —
a
be addressed to the tribunal;
b
include details of the expert’s qualifications;
c
contain a statement that the expert understands and has complied with his duty to assist the tribunal on the matters within his expertise, overriding any obligation to the person from whom the expert has received instructions or by whom he is employed or paid.
4
Where the tribunal gives a direction, under its general power in section 230(2) of the Act, that a party may not adduce expert evidence without its permission, it may specify as a condition of that permission 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.
Case management conference
23
1
The tribunal may hold a case management conference.
2
The tribunal must give the parties not less than 7 days' notice of the date, time and place of the case management conference.
3
At the case management conference the tribunal may order the parties to take such steps or do such things as appear to it to be necessary or desirable for securing the just, expeditious and economical determination of the application.
4
The tribunal may postpone or adjourn a case management conference.
5
A party may be represented at a case management conference.
6
The functions of the tribunal under this regulation may be exercised by a single qualified member of the panel.
Other case management powers
24
1
The tribunal may —
a
reduce the time appointed by or under these Regulations for doing any act where all parties agree the reduction in question;
b
extend the time appointed by or under these Regulations for doing any act, even if the time appointed has expired, where —
i
it would not be reasonable to expect the person in question to comply or have complied within that time; or
ii
not to extend the time would result in substantial injustice;
c
permit the use of telephone, video link, or any other method of communication —
i
to make representations to the tribunal; or
ii
for the purposes of a case management conference or hearing;
d
require any person giving written evidence to include with that evidence a signed statement that he believes the facts stated in the evidence are true;
e
take any other step or make any other decision which the tribunal considers necessary or desirable for the purpose of managing the case.
2
The tribunal may exercise its powers under these Regulations in response to a request to do so or on its own initiative.
3
A single qualified member of the panel may exercise the powers under this regulation as to any matter which is preliminary to —
a
an oral hearing; or
b
a determination which is to be made without an oral hearing.
Notice of hearing
25
1
A hearing shall be on the date and at the time and place appointed by the tribunal.
2
The tribunal must give notice to the parties of the appointed date, time and place of the hearing.
3
Subject to paragraph (4) notice of the hearing must be given not less than 21 days before the appointed date.
4
In exceptional circumstances the tribunal may, without the agreement of the parties, give less than 21 days' notice of the appointed date, time and place of the hearing; but any such notice must be given as soon as practicable before the appointed date and the notice must specify what the exceptional circumstances are.
Postponement of hearing
26
1
Subject to paragraph (3) the tribunal may postpone an oral hearing.
2
The tribunal must give reasonable notice to the parties of the time and date to which a hearing is postponed
3
Where postponement has been requested by a party the tribunal must not postpone the hearing except where it considers it is reasonable to do so having regard to —
a
the grounds for the request;
b
the time at which the request is made; and
c
the convenience of the parties.
Hearing
27
1
At a hearing —
a
the tribunal shall (subject to these regulations) determine the procedure and conduct;
b
any person appearing before the tribunal may do so either in person or by his representative;
c
the parties shall be entitled to —
i
give relevant evidence;
ii
call witnesses;
iii
question any witness; and
iv
address the tribunal on the evidence and law and generally on the subject matter of the application; and
d
the tribunal may receive evidence of any fact which seems to it to be relevant, even if the evidence would be inadmissible in proceedings before a court of law, and must not refuse to admit any evidence presented in due time which is admissible at law and is relevant and necessary and has not been improperly obtained.
2
At a hearing the tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on reasons not previously stated and on evidence not previously available or not previously adduced.
3
The tribunal may adjourn a hearing, but if this is done at the request of a party it must consider that it is reasonable to do so having regard to —
a
the grounds for the request;
b
the time at which the request is made; and
c
the convenience of the parties.
Hearing in public or private
28
1
A hearing must be in public except where the tribunal is satisfied that in the circumstances of the case and subject to the overriding objective the hearing should be held in private.
2
The tribunal may decide under paragraph (1) that —
a
part only of the hearing must be in private; or
b
any of the following matters must not be made public —
i
information about the proceedings before the tribunal;
ii
the names and identifying characteristics of persons concerned in the proceedings; or
iii
specified evidence given in the proceedings.
Persons entitled to be present at a hearing held in private
29
1
Subject to paragraphs (2) and (3) the following persons shall be entitled to attend a hearing held in private and to be present at the tribunal’s deliberations with respect to the determination of the application —
a
a president or chair or other panel member not forming part of the tribunal for the purpose of the hearing;
b
a member of the Council on Tribunals who is acting in that capacity;
c
the staff of the Tribunal Service;
d
any other person permitted by the tribunal with the consent of the parties.
2
None of the persons specified in paragraph (1) may take any part in the hearing or such deliberations.
3
The tribunal may admit persons to a hearing held in private on such terms and conditions as it considers appropriate.
Failure of a party to appear at a hearing
30
Where a party fails to appear at a hearing the tribunal may proceed with the hearing if —
a
it is satisfied that notice has been given to that party in accordance with these Regulations; and
b
it is not satisfied that there is a good reason for the failure to appear.
Decisions of the Tribunal in determining applications
31
1
This regulation applies to the decision determining an application.
2
If a hearing was held, the decision may be given orally at the end of the hearing.
3
A decision must, in every case, be recorded in a document as soon as practicable after the decision has been made.
4
A decision given or recorded in accordance with paragraph (2) or (3) need not record the reasons for the decision.
5
The reasons for the decision must be recorded in a document as soon as practicable after the decision has been given or recorded.
6
A document recording a decision or the reasons for a decision (a “decision document”), must be signed and dated by an appropriate person.
7
An appropriate person may, by means of a certificate signed and dated by him, correct any clerical mistakes in a decision document or any errors arising in it from an accidental slip or omission.
8
In this regulation “appropriate person” means —
a
the Chair of the tribunal; or
b
in the event of his absence or incapacity, another member of the tribunal.
9
A copy of any decision document, and a copy of any correction certified under paragraph (7) must be sent to each party.
Costs
32
The tribunal must not make a determination under paragraph 12 of Schedule 13 to the Act in respect of a party without first giving that party an opportunity of making representations to the tribunal.
Withdrawal of application
33
1
Subject to paragraph (3) an applicant (“the withdrawing party”) may withdraw the whole or part of his application in accordance with paragraph (2) at any time before determination of the application.
2
The withdrawing party must notify withdrawal of his application by a signed and dated notice supplied to the tribunal —
a
sufficiently identifying the application or part of the application which is withdrawn;
b
stating whether any part of the application, and if so what, remains to be determined; and
c
confirming that a copy of the notice of the withdrawal has been supplied to all other parties and stating the date on which this was done.
3
In any of the circumstances set out in paragraph (4), withdrawal of the application shall not take effect until one of the courses of action in paragraph (5) has been carried out.
4
The circumstances mentioned in paragraph (3) are that —
a
an interim order in favour of a party has been made;
b
a party has given an undertaking to the tribunal;
c
payment to the withdrawing party has been ordered whether by way of compensation, damages, costs, reimbursement of fees or otherwise;
d
a party has requested an order for reimbursement of fees; or
5
The courses of action mentioned in paragraph (3) are that —
a
the withdrawing party has sent to the tribunal a written statement signed by all other parties setting out how any of the circumstances in sub-paragraphs (a) to (d) of paragraph (4) which apply to the case are to be dealt with; or
b
the withdrawing party has given notice of the intended withdrawal to all parties and —
i
the withdrawing party has requested the tribunal to give directions as to the conditions on which the withdrawal may be made; and
ii
the tribunal has given such directions.
6
In giving directions under paragraph (5)(b)(ii) the tribunal may impose such conditions as it considers appropriate.
7
A single qualified member may give directions under paragraph (5)(b)(ii).
Enforcement
34
Any decision of the tribunal may, with the permission of the county court, be enforced in the same way as orders of such a court.
Permission to appeal
35
1
In this regulation “to appeal” means to make an appeal from a decision of the tribunal to the Lands Tribunal and “appellant” bears a corresponding meaning.
2
Where a party makes a request to the tribunal for permission to appeal to the Lands Tribunal from a decision of the tribunal the request may be made —
a
orally at the hearing at which the decision is announced by the tribunal; or
b
subsequently in writing to the office of the tribunal.
3
A request for permission to appeal must be made within the period of 21 days starting with the date specified in the decision notice as the date on which reasons for the decision were given.
4
Where a request for permission to appeal is made in writing it must be signed by the appellant or the appellant’s representative and must —
a
state the name and address of the appellant and of any representative of the appellant;
b
identify the decision and the tribunal to which the request for leave relates; and
c
state the grounds on which the appellant intends to rely in the appeal.
5
The decision of the tribunal on a request for permission to appeal must be recorded in writing together with the reasons for it, and the tribunal must send a copy of the decision and reasons to the appellant and to the other parties to the application which is the subject of the appeal.
6
A notification under paragraph (5) must, as appropriate, include a statement of any relevant statutory provision, rule or guidance relating to any further request to the Lands Tribunal for permission to appeal and of the time and place for making the further request or for giving notice of appeal.
Assistance to participants
36
1
In this regulation “participant” means a party or witness or other person taking part in proceedings relating to an application or to whom an order of the tribunal is addressed.
2
If a participant is unable to read or speak or understand the English language, the tribunal must make arrangements for him to be provided, free of charge, with the necessary translations and assistance of an interpreter to enable his effective participation in the proceedings.
3
If a participant is without hearing or speech, the tribunal must make arrangements for him to be provided, free of charge, with the services of a sign language interpreter, lip speaker, or palantypist, to enable his effective participation in the proceedings.
4
A participant shall be entitled to assistance under this regulation whether or not he is represented.
5
A participant who requires assistance under this regulation must at the earliest opportunity notify the requirement to the tribunal.
Requirements for supply of notices and documents
37
1
Any document or notice required or authorised by these Regulations to be supplied to any person, whether by the tribunal, a party, or any other person, shall be duly supplied to that person —
a
if it is sent to his proper address by first class post or by special delivery, or by recorded delivery;
b
if it is delivered by any other means to his proper address;
c
subject to paragraph (2), if with his written consent it is sent to him —
i
by fax, email or other electronic communication which produces a text received in legible form;
ii
by a private document delivery service.
2
For the purposes of paragraph (1)(c) a person’s legal representative shall be deemed to have given written consent if the reference or address for the means of fax or electronic communication or private document delivery system is shown on the legal representative’s notepaper.
3
A person’s proper address for the purposes of paragraph (1) 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;
c
in the case of any other person the usual or last known address of that person.
4
This paragraph applies where —
a
an intended recipient of a document or notice —
i
cannot be found after all diligent enquiries have been made;
ii
has died and has no personal representative; or
iii
is out of the United Kingdom; or
b
for any other reason a notice or other document cannot readily be supplied in accordance with these Regulations.
5
Where paragraph (4) applies, the tribunal may —
a
dispense with supplying the notice or other document; or
b
give directions for substituted service in such other form (whether by advertisement in a newspaper or otherwise) or manner as the tribunal thinks fit.
6
Where it is required under the Act or these Regulations that a party must provide evidence that he has supplied any person with a document, a party may satisfy the requirement by providing a signed certificate confirming that the document was served in accordance with the requirements of this regulation.
Time
38
Where the time specified by these Regulations for doing any act expires on a Saturday or Sunday or public holiday, it shall be treated as expiring on the next following day which is not a Saturday or Sunday or public holiday.
Frivolous and vexatious applications
39
1
Subject to paragraph (2), where it appears to the tribunal that an application is frivolous or vexatious or otherwise an abuse of process, the tribunal may dismiss the application in whole or in part.
2
Before dismissing an application under paragraph (1) the tribunal must give notice of its intention to do so to the applicant in accordance with paragraph (3).
3
Any notice under paragraph (2) must state —
a
that the tribunal is minded to dismiss the application;
b
the grounds on which it is minded to dismiss the application;
c
the date (being not less than 21 days after the date that the notice was sent) before which the applicant may be heard by the tribunal on the question of whether the application should be dismissed.
4
An application may not be dismissed under paragraph (1) unless —
a
the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c) or
b
where the applicant makes such a request, the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.
Irregularities
40
Any irregularity resulting from failure by a party to comply with any provision of these Regulations or of any direction of the tribunal before the tribunal has determined the application shall not of itself render the proceedings void.
Signature of documents
41
Where these Regulations require a document to be signed, that requirement shall be satisfied —
a
if the signature is either written or produced by computer or other mechanical means; and
b
the name of the signatory appears beneath the signature in such a way that he may be identified.
Signed by the authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
17th March 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Excluded Benefits for Tax Purposes) Regulations 2006 and shall come into force on 6th April 2006.
Benefits excluded from charge under Chapter 2 of Part 6 of ITEPA 2003
2
Any benefit provided under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 is prescribed for the purposes of section 393B(3)(d) of the Income Tax Earnings and Pensions Act 2003 (prescribed benefits to be excluded benefits for the purposes of Chapter 2 of Part 6 of that Act).
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006