Part 6: Miscellaneous Section 81: Tribunal Procedure Rules to be made in respect of costs orders etc.
Overview: This section imposes a duty on the Tribunal Procedure Committee to introduce procedure rules in the First-tier and Upper Tribunal Immigration and Asylum Chamber which ensure that judicial consideration will be given to the making of a charge or cost order where specified events have happened.
	Background: The Tribunal Procedure Rules will specify that there is a rebuttable presumption that certain conduct is to be treated as unreasonable and triggers the consideration of a costs order. It will be for the representative to demonstrate why the conduct is not unreasonable and why a charge or cost order should not be made in such circumstances.
	Improper, unreasonable or negligent behaviour on the part of legal and other representatives in the Immigration and Asylum Chamber can disrupt or prevent the proper preparation and progress of an appeal. This can lead to increased and unnecessary costs being incurred by the parties and is an inefficient use of tribunal resources.
	Under powers provided in the Tribunals, Courts and Enforcement Act 2007 (TCEA) and as amended by section 76 and this section, the tribunal has powers to make a wasted resources charge, or a wasted costs or unreasonable costs order.
	Wasted Costs Orders (WCOs) allow the tribunal to order legal costs incurred by one party to be paid by a legal or other representative where it finds that those were unnecessary costs which arose as a result of "improper, unreasonable or negligent behaviour" of the representative. A litigant can seek a WCO against the legal representative of any party including the litigant’s own representative. In addition, the tribunal can make a WCO on its own motion.
	In addition, an unreasonable costs order may be made where a party or their legal or other representative has acted "unreasonably in bringing, defending or conducting proceedings". An unreasonable costs order may be made against a party to the appeal, including the Secretary of State for the Home Department.
	Subsection 1 imposes a duty on the Tribunal Procedure Committee to introduce procedural rules which specify conduct which in the absence of explanation or evidence to the contrary will be treated as unreasonable, improper or negligent for the purposes of the provisions of the TCEA powers to impose Wasted Costs Orders, Unreasonable Costs Orders and a Wasted Resources Charge.
	Subsection 2 provides that procedural rules will require that, where satisfied the prescribed conduct has taken place, the Tribunal will consider the making of a wasted costs order, an unreasonable costs order or a wasted tribunal charge, but subsection 3 makes clear that the Tribunal retains absolute discretion as to whether to make such an order.
	Subsections 4 and 5 define terms used in this section.
	Subsection 6 amends the TCEA to allow the tribunal to make a costs order where a party to proceedings, or their legal representative, acts unreasonably in bringing or conducting proceedings. Procedural rules in many of the chambers of the tribunal already contain provision for unreasonable costs orders in such circumstances.