The General Regulatory Chamber

The General Regulatory Chamber (GRC) was established on 1 September 2009 and sits within the First–tier Tribunal. The GRC brings together a range of previously separate tribunals that hear appeals on regulatory issues.

How does this benefit tribunal users?

The establishment of the GRC helps to share and continue best practice. Having previously separate tribunals under the one GRC umbrella ensures a consistent and more flexible service for tribunal users, with one set of procedure rules across the GRC.

Users still have their cases heard by judicial specialists trained to hear their specific appeals. Judicial members of the respective tribunals transfer into the GRC, preserving judicial expertise and ensuring continuity of service for users.

Which jurisdictions sit in the GRC?

The following jurisdictions sit in the GRC:

Charity

The First-tier Tribunal (Charity) hears appeals that were previously heard by the Charity Tribunal, which was set up under the Charities Act 2006 to:

• Hear appeals against the decisions of the Charity Commission (the Commission)
• Hear applications for review of decisions of the Charity Commission
• Consider references from the Attorney General or the Charity Commission on points of law

Claims Management Services

The First-tier Tribunal (Claims Management Services) hears appeals from businesses and individuals who provide claims management services in areas including:

• personal injury
• endowment mis-–selling
• employment
• housing disrepair

Consumer Credit

The First-tier Tribunal (Consumer Credit) hears appeals that were previously heard by the Consumer Credit Appeals Tribunal, which was set up under the Consumer Credit Act 1974 (as amended). Appeals are against decisions made by the Office of Fair Trading, relating to:

• Licensing decisions of the Office of Fair Trading
• The imposition of requirements or a civil penalty on a licensee
• The refusal to register, cancellation of registration, or imposition of a penalty, under the Money Laundering Regulations 2007

Environment

The First-tier Tribunal (Environment) hears appeals from civil sanctions made available for certain specified offences for use by the regulators Environment Agency and Natural England. The Regulatory Enforcement and Sanctions 2008 contains enabling powers to introduce these civil sanctions. These civil sanctions are introduced under the following Statutory Instruments:

• The Environmental Civil Sanctions (England) Order 2010
• The Environmental Sanctions (Misc. Amendments) (England) Regulations 2010)

(The Welsh Assembly Government is drawing up co–ordinated secondary legislation in Wales to extend civil sanctioning powers to the Environmental Agency in Wales).

There is a fast track procedure for appeals against Stop Notices – see Practice Direction >>>

Estate Agents

The First-tier Tribunal (Estate Agents) hears appeals under the Estate Agents Act 1979. It hears appeals against decisions made by the Office of Fair Trading relating to:

• An order prohibiting a person from acting as an estate agent where for example a person has been convicted of an offence involving fraud or other dishonesty.
• An order warning a person where for example that person has not met their duties under the 1979 Act.
• A decision refusing to revoke or vary a prohibition order or warning order.

Gambling Appeals

The First-tier Tribunal (Gambling) hears appeals against the decisions of the Gambling Commission.

Information Rights

The First-tier Tribunal (Information Rights) hears appeals from notices issued by the Information Commissioner under:

• The Freedom of Information Act 2000 (FOIA)
• The Data Protection Act 1998 (DPA)
• The Privacy and Electronic Communications Regulation 2003 (PECR)
• The Environmental Information Regulations 2004 (EIR)

In accordance with procedure rules for the General Regulatory Chamber, appeals under:

• section 28 of the Data Protection Act 1998 or
• section 60 of the Freedom of Information Act 2000 (including that section as applied and modified by regulation 18 of the Environmental Information Regulations 2004) (appeals in relation to national security certificates)

will be transferred to the Upper Tribunal.

Immigration Services

The First-tier Tribunal (Immigration Services) hears appeals against decisions made by the Office of the Immigration Services Commissioner. It also considers disciplinary charges brought against immigration advisors by the Commissioner.

Local Government Standards in England

The First–tier Tribunal (Local Government Standards in England) hears and determines references concerning the conduct of local authority councillors. The jurisdiction also acts as an appellate body to determine appeals against the decisions of local standards committees.

Transport (some functions only)

The First-tier Tribunal (Transport) hears and decides appeals relating to:

• Decisions of the Registrar of Approved Driving Instructors, in relation to approved driving instructors and training provider appeals
• Decisions of Transport for London in London Service Permit appeals
• Disputes between postal service providers and carriers, arising from section 94 of the Postal Services Act 2000.

First instance appeals against a decision of the Traffic Commissioners are heard in the Administrative Appeals Chamber of the Upper Tribunal - for more information please see the Administrative Appeals Chamber web pages.

Onward appeal from the GRC

Onward appeals to the Upper Tribunal can be made, with permission, on any point of law arising from the decision of the First-tier Tribunal.

With the exception of Charity, onward appeal work from the jurisdictions above are heard in the Administrative Appeals Chamber of the Upper Tribunal. For Charity cases, onward appeals are heard in the Tax and Chancery Chamber of the Upper Tribunal.

Some first instance GRC appeals to be heard in the Upper Tribunal

In addition to appeals from Traffic Commissioners, two other GRC jurisdictions have initial appeals which may be suitable for hearing in either the GRC or the Upper Tribunal. For Information Rights appeals under:

• Section 28 of the Data Protection Act 1998 or
• Section 60 of the Freedom of Information Act 2000 (including that section as applied and modified by regulation 18 of the Environmental Information Regulations 2004) (appeals in relation to national security certificates)

will always be heard in the Upper Tribunal. Other Information Rights and Charity cases will be heard in the First-tier Tribunal except where it is decided, in accordance with Tribunal Procedure Rules, that the Upper Tribunal is better suited to hear a particular case. The tribunal rules specify the process for a case to be transferred from the First-tier to the Upper Tribunal.

View the Upper Tribunal pages for more information.

More tribunals to join the GRC in 2010

The General Regulatory Chamber will also deal with appeals under the Regulatory Enforcement and Sanctions Act 2008 (RES Act), as and when the relevant provisions are commenced. For further information on the RES Act see the BIS website.

Procedure rules

Please visit the Rules and Legislation page of the TS website to view the GRC procedure rules.

Practice Statements and Directions

Practice directions that relate to the GRC are:

• Practice Direction: Use of the Welsh Language
• Practice Direction: Child, Vulnerable Adult and Sensitive Witnesses

Practice statements that relate to the GRC are:

• Practice Statement: Form of Decisions and Neutral Citations
• Practice Statement: Composition of tribunals – GRC

GRC guidance notes

From time to time, the GRC issues notes on how it will operate in order to ensure consistency across GRC jurisdictions. The following guidance notes have been issued:

• GRC Guidance Note 1 (Adobe PDF file size 68kb)
• GRC Guidance Note 2 (Adobe PDF file size 52kb)
• Application for a Neutral Citation Number - Word version (Adobe PDF file size 30kb)
• Application for a Neutral Citation Number - PDF version (Adobe PDF file size 54kb)
• Decision template (Adobe PDF file size 27kb)

GRC AAC Office Notes

Under the rules of procedure some Information Rights cases will be transferred to be heard in the first instance by the AAC in the Upper Tribunal. An explanation of such transfers is contained in the following joint Chamber office notes:

• AACGRC note Mandatory Transfers (Adobe PDF file size 68kb)
• T&CCGRC note Discretionary Transfers (Adobe PDF file size 9kb)
• AACGRC note Discretionary Transfers (Adobe PDF file size 52kb)

Principal Judges of the GRC

View the attached diagram showing the GRC Principal Judges (Adobe PDF file size 108kb)