New Schedule 1 - Residential property tribunals: procedure
Housing Bill
6:45 pm
Procedure regulations
1 (1) The appropriate national authority may make regulations about the procedure of residential property tribunals.
(2) Nothing in the following provisions of this Schedule affects the generality of sub-paragraph (1).
(3) In those provisions—
''procedure regulations'' means regulations under this paragraph;
''tribunal'' means a residential property tribunal.
Appeals
2 (1) Procedure regulations may include provision, in relation to applications to tribunals—
(a) about the form of such applications and the particulars to be contained in them, and
(b) requiring the service of notices of such applications.
(2) Procedure regulations may include provision, in relation to appeals to tribunals—
(a) about the form of notices of appeal and the particulars to be contained in them, and
(b) requiring the service of copies of such notices.
(3) Procedure regulations may include provision dispensing with the service of the notices or copies mentioned in sub-paragraph (1)(b) or (2)(b) in such cases of urgency as are specified in the regulations.
Transfers
3 (1) This paragraph applies where, in any proceedings before a court, there falls for determination a question which a tribunal would have jurisdiction to determine on an application or appeal to the tribunal.
(2) The court—
(a) may by order transfer to the tribunal so much of the proceedings as relate to the determination of that question, and
(b) may then dispose of all or any remaining proceedings, or adjourn the disposal of all or any remaining proceedings pending the determination of that question by the tribunal, as it thinks fit.
(3) When the tribunal has determined the question, the court may give effect to the determination in an order of the court.
(4) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this paragraph.
(5) Procedure regulations may prescribe the procedure to be followed in a tribunal consequent on a transfer under this paragraph.
(6) Nothing in this Act affects any power of a court to make an order that could be made by a tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—
(a) the court has not made a transfer under this paragraph, and
(b) the order is made by the court in connection with disposing of any proceedings before it.
Parties etc.
4 (1) Procedure regulations may include provision enabling persons to be joined as parties to the proceedings.
(2) Procedure regulations may include provision enabling persons who are not parties to proceedings before a tribunal to make oral or written representations to the tribunal.
Information
5 (1) A tribunal may serve a notice requiring any party to proceedings before it to give to the tribunal any information which the tribunal may require.
(2) The information must be given to the tribunal within such period (of not less than 14 days) from the date of service of the notice as is specified in the notice.
(3) A person commits an offence if he fails to comply with a notice served on him under sub-paragraph (1).
(4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In proceedings against a person for an offence under sub-paragraph (3) it is a defence that he had a reasonable excuse for failing to comply with the notice.
Pre-trial reviews etc.
6 (1) Procedure regulations may include provision for the holding of a pre-trial review (on the application of a party to the proceedings or on the tribunal's own initiative).
(2) Procedure regulations may provide for functions of a tribunal in relation to, or at, a pre-trial review to be exercised by a single qualified member of the panel.
(3) Procedure regulations may provide for other functions as to preliminary or incidental matters to be exercised by a single qualified member of the panel.
(4) For the purposes of this paragraph—
(a) a person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; and
(b) ''the panel'' means the panel provided for in Schedule 10 to the Rent Act 1977 (c.42).
Interim orders
7 Procedure regulations may include provision empowering tribunals to make orders, on an interim basis—
(a) suspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before them;
(b) granting any remedy which they would have had power to grant in their final decisions.
Additional relief
8 (1) Procedure regulations may include provision as to—
(a) any additional relief which tribunals may grant in respect of proceedings before them; and
(b) the grounds on which such relief may be granted.
(2) In this paragraph ''additional relief'' means relief additional to any relief specifically authorised by any provision of Parts 1 to 4 of this Act.
Dismissal
9 Procedure regulations may include provision empowering tribunals to dismiss applications, appeals or transferred proceedings, in whole or in part, on the ground that they are—
(a) frivolous or vexatious, or
(b) otherwise an abuse of process.
Determination without hearing
10 (1) Procedure regulations may include provision for the determination of applications, appeals or transferred proceedings without an oral hearing.
(2) Procedure regulations may provide for a single qualified member of the panel to make determinations without an oral hearing.
(3) For the purposes of sub-paragraph (2)—
(a) a person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; and
(b) ''the panel'' means the panel provided for in Schedule 10 to the Rent Act 1977 (c.42).
Fees
11 (1) Procedure regulations may include provision requiring the payment of fees in respect of applications, appeals or transfers of proceedings to, or oral hearings by, tribunals.
(2) The fees payable shall be such as are specified in or determined in accordance with procedure regulations.
(3) But the fee (or, where fees are payable in respect of both an application, appeal or transfer and an oral hearing, the aggregate of the fees) payable by a person in respect of any proceedings must not exceed—
(a) £500, or
(b) such other amount as may be specified in procedure regulations.
(4) Procedure regulations may empower a tribunal to require a party to proceedings before it to reimburse another party to the proceedings the whole or any part of any fees paid by him.
(5) Procedure regulations may provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.
(6) If they do so they may apply, subject to such modifications as may be specified in the regulations, any other statutory means-testing regime as it has effect from time to time.
Costs
12 (1) A tribunal may determine that a party to proceedings before it is to pay the costs incurred by another party in connection with the proceedings in any circumstances falling within sub-paragraph (2).
(2) The circumstances are where—
(a) he has made an application or appeal to the tribunal which is dismissed in accordance with regulations made by virtue of paragraph 9, or
(b) he has, in the opinion of the tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings.
(3) The amount which a party to proceedings may be ordered to pay in the proceedings by a determination under this paragraph must not exceed—
(a) £500, or
(b) such other amount as may be specified in procedure regulations.
(4) A person may not be required to pay costs incurred by another person in connection with proceedings before a tribunal, except—
(a) by a determination under this paragraph, or
(b) in accordance with provision made by any enactment other than this paragraph.
Enforcement
13 Procedure regulations may provide for decisions of tribunals to be enforceable, with the permission of a county court, in the same way as orders of such a court.'.—
[Keith Hill.]
Brought up, read the First and Second time, and added to the Bill.