View source for Tribunal rule 5

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'''Case management powers'''

5.—(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, unless such extension or shortening would conflict with a provision of another enactment containing a time limit;<ref name="F14">Provisions in primary legislation which contain time limits include: sections 66(1) and (2), 68(2) (subject to any order made under section 68A), 69(1), (2) and (4), 70, 71(2) (subject to any order made under section 71(3)) and 75(1) and (2) of the Mental Health Act 1983; sections 21(2) and 86(5) of the Care Standards Act 2000; section 166(2) of the Education Act 2002 (c.32); and section 32(2) of the Health and Social Care Act 2008 (c.14).</ref>

:(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;

:(c) permit or require a party to amend a document;

:(d) permit or require a party or another person to provide documents, information or submissions to the Tribunal or a party;

:(e) deal with an issue in the proceedings as a preliminary issue;

:(f) hold a hearing to consider any matter, including a case management issue;

:(g) decide the form of any hearing;

:(h) adjourn or postpone a hearing;

:(i) require a party to produce a bundle for a hearing;

:(j) stay proceedings;

:(k) 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; or

:(l) 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. 

'''Footnote'''

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'''Last checked:''' 16/11/22
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