Tribunals, Courts and Enforcement Act 2007 (c. 15)

(The document as of February, 2008)

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Part 1 Tribunals for the purposes of sections 30, 35 and 36

Tribunal	Enactment
Appeal tribunal	Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14)
Child Support Commissioner	Section 22 of the Child Support Act 1991 (c. 48)
The Secretary of State as respects his function of deciding appeals under:	Section 41 of the Consumer Credit Act 1974 (c. 39)
The Secretary of State as respects his function of deciding appeals under:	Section 7(1) of the Estate Agents Act 1979 (c. 38)
Foreign Compensation Commission	Section 1 of the Foreign Compensation Act 1950 (c. 12)
Commissioner for the general purposes of the income tax	Section 2 of the Taxes Management Act 1970 (c. 9)
Information Tribunal	Section 6 of the Data Protection Act 1998 (c. 29)
Meat Hygiene Appeals Tribunal	Regulation 6 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539)
Meat Hygiene Appeals Tribunal	Regulation 6 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/540)
Meat Hygiene Appeals Tribunal	Regulation 5 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/2148)
Mental Health Review Tribunal for a region of England	Section 65(1) and (1A)(a) of the Mental Health Act 1983 (c. 20)
Reinstatement Committee	Paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
Reserve forces appeal tribunal	Section 88 of the Reserve Forces Act 1996 (c. 14)
Sea Fish Licence Tribunal	Section 4AA of the Sea Fish (Conservation) Act 1967 (c. 84)
Social Security Commissioner	Schedule 4 to the Social Security Act 1998 (c. 14)
Special Educational Needs and Disability Tribunal	Section 333 of the Education Act 1996 (c. 56)
Transport Tribunal	Schedule 4 to the Transport Act 1985 (c. 67)
Umpire or deputy umpire	Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985
VAT and duties tribunal	Schedule 12 to the Value Added Tax Act 1994 (c. 23)

Part 2 Tribunals for the purposes of sections 30 and 35

Tribunal	Enactment
Adjudicator	Section 5 of the Criminal Injuries Compensation Act 1995 (c. 53)

Part 3 Tribunals for the purposes of sections 30 and 36

Tribunal	Enactment
Adjudicator to Her Majesty's Land Registry	Section 107 of the Land Registration Act 2002 (c. 9)
Charity Tribunal	Section 2A of the Charities Act 1993 (c. 10)
Consumer Credit Appeals Tribunal	Section 40A of the Consumer Credit Act 1974 (c. 39)
Financial Services and Markets Tribunal	Section 132 of the Financial Services and Markets Act 2000 (c. 8)
Gambling Appeals Tribunal	Section 140 of the Gambling Act 2005 (c. 19)
Immigration Services Tribunal	Section 87 of the Immigration and Asylum Act 1999 (c. 33)
Lands Tribunal	Section 1(1)(b) of the Lands Tribunal Act 1949 (c. 42)
Pensions Appeal Tribunal in England and Wales	Paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Pensions Regulator Tribunal	Section 102 of the Pensions Act 2004 (c. 35)
Commissioner for the special purposes of the Income Tax Acts	Section 4 of the Taxes Management Act 1970 (c. 9)

Part 4 Tribunals for the purposes of section 30

Tribunal	Enactment
Agricultural Land Tribunal	Section 73 of the Agriculture Act 1947 (c. 48)
Aircraft and Shipbuilding Industries Arbitration Tribunal	Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (c. 3)
Antarctic Act Tribunal	Regulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490)
Appeal tribunal	Part 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters' Pension Scheme Order 1992 (S.I. 1992/129)
Asylum Support Adjudicator	Section 102 of the Immigration and Asylum Act 1999
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for England	Section 76 of the Local Government Act 2000 (c. 22)
Family Health Services Appeal Authority	Section 49S of the National Health Service Act 1977 (c. 49)
Insolvency Practitioners Tribunal	Section 396(1) of the Insolvency Act 1986 (c. 45)
Appeals Tribunal	Part 3 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483)
Plant Varieties and Seeds Tribunal	Section 42 of the Plant Varieties Act 1997 (c. 66)
Tribunal	Rule 6 of the model provisions with respect to appeals as applied with modifications by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030)
Tribunal	Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Tribunal	Section 706 of the Income and Corporation Taxes Act 1988 (c. 1)
Tribunal	Section 150 of the Mines and Quarries Act 1954 (c. 70)
Tribunal	Part 1 of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)
Tribunal	Regulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257)
Tribunal	Section 9 of the Protection of Children Act 1999 (c. 14)

Part 5 Tribunals for the purposes of sections 35 and 36

Tribunal	Enactment
Employment Appeal Tribunal	Section 20 of the Employment Tribunals Act 1996 (c. 17)

Part 6 Tribunals for the purposes of section 35

Tribunal	Enactment
Employment tribunal	Section 1 of the Employment Tribunals Act 1996

Part 7 Tribunals for the purposes of section 32(3)

Tribunal	Enactment
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for Wales	Section 76 of the Local Government Act 2000 (c. 22)
Appeals Tribunal	Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (S.I. 2001/2281)
Mental Health Review Tribunal for Wales	Section 65(1) and (1A)(b) of the Mental Health Act 1983 (c. 20)
Special Educational Needs Tribunal for Wales	Section 336ZA of the Education Act 1996 (c. 56)
Tribunal	Section 27 of, and Schedule 3 to, the Education Act 2005 (c. 18)

Section 44

SCHEDULE 7 Administrative Justice and Tribunals Council

Part 1 Members and committees

Membership

1 (1) The Council is to consist of--

(a) the Parliamentary Commissioner for Administration, and

(b) not more than fifteen nor fewer than ten appointed members.

(2) Of the appointed members--

(a) either two or three are to be appointed by the Scottish Ministers with the concurrence of the Lord Chancellor and the Welsh Ministers,

(b) either one or two are to be appointed by the Welsh Ministers with the concurrence of the Lord Chancellor and the Scottish Ministers, and

(c) the others are to be appointed by the Lord Chancellor with the concurrence of the Scottish Ministers and the Welsh Ministers.

Chairman of the Council

2 (1) After consultation with the Scottish Ministers and the Welsh Ministers, the Lord Chancellor must nominate one of the appointed members to be chairman of the Council.

(2) The chairman of the Council is to hold and vacate that office in accordance with the terms of his nomination, but--

(a) may resign that office by giving written notice to the Lord Chancellor, and

(b) ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2).

Term of office of appointed members of Council

3 (1) Subject to the following provisions of this paragraph, a person appointed under paragraph 1(2) is to hold and vacate office in accordance with the terms of his appointment.

(2) A person appointed under paragraph 1(2)(a) may resign by giving written notice to the Scottish Ministers.

(3) A person appointed under paragraph 1(2)(b) may resign by giving written notice to the Welsh Ministers.

(4) A person appointed under paragraph 1(2)(c) may resign by giving written notice to the Lord Chancellor.

(5) The Lord Chancellor may remove a person appointed under paragraph 1(2) on the ground of inability or misbehaviour.

(6) The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(a) may be exercised only with the concurrence of the Scottish Ministers.

(7) The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(b) may be exercised only with the concurrence of the Welsh Ministers.

Scottish Committee

4 (1) There is to be a Scottish Committee of the Council (referred to in this Schedule as "the Scottish Committee") for the purpose of exercising the functions conferred on it by any statutory provision.

(2) The Scottish Committee is to consist of--

(a) the Parliamentary Commissioner for Administration,

(b) the Scottish Public Services Ombudsman,

(d) either three or four other persons, not being members of the Council, appointed by the Scottish Ministers.

Chairman of the Scottish Committee

5 (1) The Scottish Ministers must nominate one of the members mentioned in paragraph 4(2)(c) to be chairman of the Scottish Committee.

(2) The chairman of the Scottish Committee is to hold and vacate that office in accordance with the terms of his nomination, but--

(a) may resign that office by giving written notice to the Scottish Ministers, and

(b) ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(a).

Term of office of appointed members of Scottish Committee

6 (1) Subject to the following provisions of this paragraph, a person appointed under paragraph 4(2)(d) is to hold and vacate office in accordance with the terms of his appointment.

(2) The person may resign by giving written notice to the Scottish Ministers.

(3) The Scottish Ministers may remove the person on the ground of inability or misbehaviour.

Welsh Committee

7 (1) There is to be a Welsh Committee of the Council (referred to in this Schedule as "the Welsh Committee") for the purpose of exercising the functions conferred on it by any statutory provision.

(2) The Welsh Committee is to consist of--

(a) the Parliamentary Commissioner for Administration,

(b) the Public Services Ombudsman for Wales,

(d) either two or three other persons, not being members of the Council, appointed by the Welsh Ministers.

Chairman of Welsh Committee

8 (1) The Welsh Ministers must nominate one of the members mentioned in paragraph 7(2)(c) to be chairman of the Welsh Committee.

(2) The chairman of the Welsh Committee is to hold and vacate that office in accordance with the terms of his nomination, but--

(a) may resign that office by giving written notice to the Welsh Ministers, and

(b) ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(b).

Term of office of Committee members

9 (1) Subject to the following provisions of this paragraph, a person appointed under paragraph 7(2)(d) is to hold and vacate office in accordance with the terms of his appointment.

(2) The person may resign by giving written notice to the Welsh Ministers.

(3) The Welsh Ministers may remove the person on the ground of inability or misbehaviour.

Remuneration of Council and Committee members

10 (1) The Lord Chancellor must pay such remuneration as he may determine to each of the following--

(a) the chairman of the Council;

(b) the chairman of the Scottish Committee;

(2) The Lord Chancellor may pay such fees as he may determine to--

(a) members of the Council other than the chairman;

(b) members of the Scottish Committee other than the chairman;

(3) The Lord Chancellor may pay such expenses as he may determine to--

(a) members of the Council;

(b) members of the Scottish Committee;

(4) In sub-paragraph (3) "expenses" includes (in particular) subsistence allowances and travelling expenses.

Status of Council and Committees

11 The Council, the Scottish Committee and the Welsh Committee are not to be regarded--

(a) as agents or servants of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

Part 2 Functions

Introductory

12 The Council has the functions conferred on it by this Schedule or any other statutory provision.

Functions with respect to the administrative justice system

13 (1) The Council is to--

(a) keep the administrative justice system under review,

(b) consider ways to make the system accessible, fair and efficient,

(d) refer proposals for changes in the system to those persons, and

(e) make proposals for research into the system.

(2) Those persons are--

(a) the Lord Chancellor,

(b) the Scottish Ministers,

(d) the Senior President of Tribunals.

(3) The Council may make such reports as it considers appropriate on any of the matters mentioned in sub-paragraph (1).

(4) In this paragraph "the administrative justice system" means the overall system by which decisions of an administrative or executive nature are made in relation to particular persons, including--

(a) the procedures for making such decisions,

(b) the law under which such decisions are made, and

General functions with respect to tribunals

14 (1) The Council is to--

(a) keep under review, and report on, the constitution and working--

(i) of listed tribunals in general, and

(ii) of each listed tribunal,

(b) consider, and report on, any other matter--

(i) that relates to listed tribunals in general or to a particular listed tribunal, and

(ii) that the Council determines to be of special importance, and

(i) that relates to tribunals in general or to any particular tribunal, and

(ii) whose referral to the Council falls within paragraph 16.

(2) The Council may scrutinise and comment on legislation, existing or proposed, relating to tribunals or to any particular tribunal.

(3) The Council must--

(a) consult the Scottish Committee before exercising the power conferred by sub-paragraph (2) with respect to legislation, existing or proposed, that relates to at least one tribunal with jurisdiction in cases arising in Scotland;

(b) consult the Welsh Committee before exercising that power with respect to legislation, existing or proposed, that relates to at least one tribunal with jurisdiction in cases arising in Wales.

(4) In sub-paragraphs (1)(c), (2) and (3)--

"legislation" includes procedural rules;
"tribunal" includes a proposed tribunal.

General functions with respect to statutory inquiries

15 The Council is to--

(a) keep under review, and report on, the constitution and working of statutory inquiries, both in general and by reference to statutory provisions under which statutory inquiries of different descriptions may be held,

(b) consider, and report on, any other matter--

(i) that relates to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii) that the Council determines to be of special importance, and

(i) that relates to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii) whose referral to the Council falls within paragraph 16.

Referral of matters to the Council under paragraphs 14 and 15

16 (1) This paragraph has effect for the purposes of paragraphs 14(1)(c) and 15(c).

(2) The referral of any matter falls within this paragraph if it is referred to the Council jointly by--

(a) the Lord Chancellor,

(b) the Welsh Ministers, and

(3) In addition--

(a) the referral of a matter that relates only to Wales falls within this paragraph if it is referred to the Council by the Welsh Ministers,

(b) the referral of a matter that relates only to Scotland falls within this paragraph if it is referred to the Council by the Scottish Ministers, and

(i) does not relate to Scotland, and

(ii) if it relates to Wales, does not relate only to Wales,

falls within this paragraph if it is referred to the Council by the Lord Chancellor.

Reports by the Council under paragraphs 14 and 15

17 (1) A report by the Council on a matter referred to it under paragraph 14(1)(c) or 15(c) must be made to the authority or authorities who referred the matter.

(2) Any other report by the Council under paragraph 14 or 15--

(a) must be made to the Lord Chancellor,

(b) if it relates to Wales, must be made also to the Welsh Ministers, and

(3) The Lord Chancellor must lay before each House of Parliament every report made by the Council to him under this paragraph, other than a report that relates only to matters within sub-paragraph (4).

(4) Matters are within this sub-paragraph if legislation providing for them would be within the legislative competence of the Scottish Parliament if the legislation were included in an Act of that Parliament.

(5) The Scottish Ministers must lay before the Scottish Parliament every report made by the Council to them under this paragraph.

(6) The Welsh Ministers must lay before the National Assembly for Wales every report made by the Council to them under this paragraph.

(7) Where--

(a) a report is required by this paragraph to be made to one or more, but not all, of--

(i) the Lord Chancellor,

(ii) the Welsh Ministers, and

(iii) the Scottish Ministers, and

(b) the Council considers that the report could be relevant to matters that are the responsibility of another of those authorities,

the Council must send a copy of the report to the other authority.

Referral of matters to, and reports by, the Scottish Committee

18 (1) The Council may not make a report on any matter relating only to Scotland until the Council--

(a) has referred the matter of the report for consideration, and report to the Council, by the Scottish Committee, and

(b) has considered the report of the Committee.

(2) Where the Council proposes to make a report on a matter that relates to Scotland but not only to Scotland, the Council must give the Scottish Committee details of the matter.

(3) The Scottish Committee may of its own motion make a report to the Council on any of the following matters so far as relating to Scotland--

(a) any matter relating to the administrative justice system,

(b) the constitution or working--

(i) of listed tribunals in general or of a particular listed tribunal, or

(ii) of statutory inquiries in general or of statutory inquiries of a particular description,

(i) that relates to listed tribunals in general, to a particular listed tribunal, to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii) that the Scottish Committee determines to be of special importance, and

(d) any matter referred to the Council under paragraph 14(1)(c) or 15(c).

(4) If--

(a) the Council does not make a report on matters dealt with in a report made by the Scottish Committee under sub-paragraph (1) or (3), or

(b) in making a report on those matters, the Council does not adopt the report made by the Scottish Committee without modification,

the Scottish Committee may submit its report to the Scottish Ministers.

(5) Where the Scottish Committee--

(a) submits a report to the Scottish Ministers under sub-paragraph (4), and

(b) considers that the report could be relevant to matters that are the responsibility of the Lord Chancellor or the Welsh Ministers,

the Council must send a copy of the report to the Lord Chancellor or (as the case may be) the Assembly.

(6) The Scottish Ministers must lay before the Scottish Parliament any report submitted to them under sub-paragraph (4).

(7) In sub-paragraph (3)(a) "the administrative justice system" has the meaning given by paragraph 13(4).

Referral of matters to, and reports by, the Welsh Committee

19 (1) The Council may not make a report on any matter relating only to Wales until the Council--

(a) has referred the matter of the report for consideration, and report to the Council, by the Welsh Committee, and

(b) has considered the report of the Committee.

(2) Where the Council proposes to make a report on a matter that relates to Wales but not only to Wales, the Council must give the Welsh Committee details of the matter.

(3) The Welsh Committee may of its own motion make a report to the Council on any of the following matters so far as relating to Wales--

(a) any matter relating to the administrative justice system,

(b) the constitution or working--

(i) of listed tribunals in general or of a particular listed tribunal, or

(ii) of statutory inquiries in general or of statutory inquiries of a particular description,

(ii) that the Welsh Committee determines to be of special importance, and

(d) any matter referred to the Council under paragraph 14(1)(c) or 15(c).

(4) If--

(a) the Council does not make a report on matters dealt with in a report made by the Welsh Committee under sub-paragraph (1) or (3), or

(b) in making a report on those matters, the Council does not adopt the report made by the Welsh Committee without modification,

the Welsh Committee may submit its report to the Welsh Ministers.

(5) Where the Welsh Committee--

(a) submits a report to the Welsh Ministers under sub-paragraph (4), and

(b) considers that the report could be relevant to matters that are the responsibility of the Lord Chancellor or the Scottish Ministers,

the Council must send a copy of the report to the Lord Chancellor or (as the case may be) the Scottish Ministers.

(6) The Welsh Ministers must lay before the National Assembly for Wales any report submitted to them under sub-paragraph (4).

(7) In sub-paragraph (3)(a) "the administrative justice system" has the meaning given by paragraph 13(4).

The Council's programme of work

20 (1) The Council must formulate, in general terms, a programme of the work that the Council plans to undertake in carrying out its functions.

(2) The Council must--

(a) keep the programme under review, and

(b) revise it when appropriate.

(3) In discharging its duties under sub-paragraphs (1) and (2), the Council must have regard to--

(a) the work of the Civil Justice Council,

(b) the work of the Social Security Advisory Committee, and

(4) The Council must send a copy of the programme, and a copy of any significant revisions to the programme, to--

(a) the Lord Chancellor,

(b) the Welsh Ministers, and

Annual reports

21 (1) The Council must make an annual report on the proceedings of the Council to--

(a) the Lord Chancellor,

(b) the Scottish Ministers, and

(2) The Scottish Committee must make an annual report to the Scottish Ministers on the proceedings of the Scottish Committee.

(3) The Welsh Committee must make an annual report to the Welsh Ministers on the proceedings of the Welsh Committee.

(4) The Lord Chancellor must lay before each House of Parliament a copy of any report made under sub-paragraph (1).

(5) The Scottish Ministers must lay before the Scottish Parliament a copy of any report made under sub-paragraph (1) or (2).

(6) The Welsh Ministers must lay before the National Assembly for Wales a copy of any report made under sub-paragraph (1) or (3).

Right to attend proceedings

22 (1) A member of any of--

(a) the Council,

(b) the Scottish Committee, and

may attend (as observer) proceedings of a listed tribunal or of a statutory inquiry.

(2) The right under sub-paragraph (1) applies even in respect of proceedings--

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