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Tribunals, Courts and Enforcement Act 2007 (c. 15)(The document as of February, 2008) Page 16 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 (2) The right under sub-paragraph (1) applies even in respect of proceedings-- (a) taking the form of a hearing held in private, or (b) not taking the form of a hearing. (3) The right under sub-paragraph (1) is subject to any statutory provision by which members of the Council, members of the Scottish Committee or members of the Welsh Committee are expressly excluded from proceedings. Application to Northern Ireland23 Nothing in paragraphs 13 to 15 authorises or requires the Council to deal with a matter if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly. Part 3 Council to be consulted on rules for listed tribunals24 (1) The power of a Minister of the Crown, the Welsh Ministers or the Scottish Ministers to make, approve, confirm or concur in procedural rules for any listed tribunal is exercisable only after consultation with the Council. (2) Sub-paragraph (1) does not apply with respect to any procedural rules made or to be made for a listed tribunal by the Tribunal Procedure Committee. (3) The Council must consult the Scottish Committee in relation to the exercise of its function under sub-paragraph (1) with respect to any tribunal having jurisdiction in relation to Scotland. (4) The Council must consult the Welsh Committee in relation to the exercise of its function under sub-paragraph (1) with respect to any tribunal having jurisdiction in relation to Wales. Part 4 InterpretationMeaning of "listed tribunal"25 (1) The following are listed tribunals for the purposes of this Schedule-- (a) the First-tier Tribunal, and (b) the Upper Tribunal. (2) In addition, an authority may by order provide for a tribunal to be a listed tribunal for the purposes of this Schedule if, or to the extent that, the tribunal is one for which the authority is responsible. (3) For the purposes of sub-paragraph (2)-- (a) each of the following is an authority-- (i) the Lord Chancellor, (ii) the Scottish Ministers, and (iii) the Welsh Ministers, and (b) the Lord Chancellor is the authority responsible for a tribunal unless, or except to the extent that, paragraph 26 or 27 provides for the Scottish Ministers or the Welsh Ministers to be the authority responsible for the tribunal. (4) An order under sub-paragraph (2) may include-- (a) provision for a tribunal to be a listed tribunal only for the purposes of provisions of this Schedule specified in the order; (b) provision for a tribunal to be a listed tribunal for the purposes of this Schedule, or for the purposes of provisions of this Schedule specified in the order, only in so far as it exercises functions so specified. (5) The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule so far as it exercises functions with respect to relevant Northern Ireland matters; and for this purpose a matter is a "relevant Northern Ireland matter" if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly. (6) The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule if the tribunal is established otherwise than by or under a statutory provision. (7) Sub-paragraph (4) is not to be taken to prejudice the generality of section 49(3). Responsible authorities for purposes of paragraph 25: Scotland26 (1) This paragraph applies for the purposes of paragraph 25. (2) The Scottish Ministers are the authority responsible for a tribunal if-- (a) all of the tribunal's functions are exercisable only in relation to Scotland, and (b) at least one of the powers referred to in sub-paragraph (3) is exercisable as mentioned in sub-paragraph (6). (3) Those powers are-- (a) power to appoint the members of the tribunal; (b) power to make procedural rules for the tribunal. (4) In the case of a tribunal that exercises functions in relation to Scotland and also exercises those or other functions in relation to somewhere other than Scotland, the Scottish Ministers are the authority responsible for the tribunal to the extent that it exercises functions in relation to Scotland if at least one of the powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-paragraph (6). (5) Those powers are-- (a) power to appoint the members of tribunal who exercise the tribunal's functions in relation to Scotland; (b) power to make procedural rules for the exercise of the tribunal's functions in relation to Scotland. (6) Power is exercisable as mentioned in this sub-paragraph if it is exercisable-- (a) by the Scottish Ministers, or (b) by the Lord President of the Court of Session, and is not exercisable by them or him jointly or concurrently with a Minister of the Crown. Responsible authorities for purposes of paragraph 25: Wales27 (1) This paragraph applies for the purposes of paragraph 25. (2) The Welsh Ministers are the authority responsible for a tribunal if-- (a) all of the tribunal's functions are exercisable only in relation to Wales, and (b) at least one of the powers referred to in sub-paragraph (3) is exercisable as mentioned in sub-paragraph (6). (3) Those powers are-- (a) power to appoint the members of the tribunal; (b) power to make procedural rules for the tribunal. (4) In the case of a tribunal that exercises functions in relation to Wales and also exercises those or other functions in relation to somewhere other than Wales, the Welsh Ministers are the authority responsible for the tribunal to the extent that it exercises functions in relation to Wales if at least one of the powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-paragraph (6). (5) Those powers are-- (a) power to appoint the members of the tribunal who exercise the tribunal's functions in relation to Wales; (b) power to make procedural rules for the exercise of the tribunal's functions in relation to Wales. (6) Power is exercisable as mentioned in this sub-paragraph if it is exercisable by the Welsh Ministers and is not exercisable by the Welsh Ministers jointly or concurrently with a Minister of the Crown. Other definitions28 (1) In this Schedule--
(2) References in this Schedule to members of tribunals include references to the person constituting a tribunal consisting of one person. (3) In sub-paragraph (1) "1992 Act inquiry" means-- (a) an inquiry or hearing within paragraph (a) of the definition of "statutory inquiry" in section 16(1) of the Tribunals and Inquiries Act 1992 (c. 53), or (b) an inquiry or hearing that is a statutory inquiry for the purposes of that Act by virtue of an order under section 16(2) of that Act (including such an order made after the coming into force of this Schedule). Section 48(1) SCHEDULE 8 Tribunals and Inquiries: consequential and other amendmentsTaxes Management Act 1970 (c. 9)1 (1) The following offices are abolished--
(2) In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect. (3) In this paragraph--
Chronically Sick and Disabled Persons Act 1970 (c. 44)2 In section 21(7E) of the Chronically Sick and Disabled Persons Act 1970 (procedural regulations in connection with appeals against refusal of application for disabled person's badge), for "Council on Tribunals" substitute "Administrative Justice and Tribunals Council". Health and Safety at Work etc. Act 1974 (c. 37)3 In section 44 of the Health and Safety at Work etc. Act 1974 (appeals in connection with licensing provisions), after subsection (4) insert-- " (4A) A hearing held by a person appointed in pursuance of subsection (2) above shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). " House of Commons Disqualification Act 1975 (c. 24)4 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert-- " The Administrative Justice and Tribunals Council. " " The First-tier Tribunal. " " The Scottish Committee of the Administrative Justice and Tribunals Council. " " The Upper Tribunal. " " The Welsh Committee of the Administrative Justice and Tribunals Council. " Northern Ireland Assembly Disqualification Act 1975 (c. 25)5 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert-- " The Administrative Justice and Tribunals Council. " " The First-tier Tribunal. " " The Scottish Committee of the Administrative Justice and Tribunals Council. " " The Upper Tribunal. " " The Welsh Committee of the Administrative Justice and Tribunals Council. " Litigants in Person (Costs and Expenses) Act 1975 (c. 47)6 (1) The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows. (2) In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word "or" at the end of paragraph (b) insert-- " (ba) before the First-tier Tribunal or the Upper Tribunal, " . (3) In section 1(4) (meaning of "rules of court"), before the word "and" at the end of paragraph (b) insert-- " (ba) in relation to the First-tier Tribunal or the Upper Tribunal, means Tribunal Procedure Rules, " . Race Relations Act 1976 (c. 74)7 In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), under the heading "Other bodies, etc." insert the following entries in the appropriate places-- " The Administrative Justice and Tribunals Council. " " The Scottish Committee of the Administrative Justice and Tribunals Council. " " The Welsh Committee of the Administrative Justice and Tribunals Council. " Estate Agents Act 1979 (c. 38)8 Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.). Town and Country Planning Act 1990 (c. 8)9 The Town and Country Planning Act 1990 is amended as follows. 10 In paragraph 8 of Schedule 6 (appeals determined by appointed persons: supplementary provision), after sub-paragraph (1) insert-- " (1A) A local inquiry or hearing held in pursuance of this Schedule shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). " 11 In paragraph 8 of Schedule 7 (objections to simplified planning zone schemes), after sub-paragraph (6) insert-- " (7) A local inquiry or other hearing held under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). " 12 In paragraph 5 of Schedule 8 (local inquiries held by Planning Inquiry Commission), after sub-paragraph (3) insert-- " (3A) An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). " Food Safety Act 1990 (c. 16)13 (1) The Food Safety Act 1990 is amended as follows. (2) In section 26(2)(e) (regulations may provide for appeals, including appeals to a tribunal set up by the regulations)-- (a) after "to the sheriff," insert "or to the First-tier Tribunal or the Upper Tribunal," and (b) omit "or to a tribunal constituted in accordance with the regulations,". (3) In section 37(2) (subsection (1)(c) does not apply where appeal may be made to a tribunal set up by regulations under Part 2), for the words from "provide for an appeal" onwards substitute " provide for an appeal-- (a) to a tribunal constituted in accordance with the regulations, or (b) to the First-tier Tribunal or the Upper Tribunal. " Courts and Legal Services Act 1990 (c. 41)14 The Courts and Legal Services Act 1990 is amended as follows. 15 In section 119(1) (interpretation), in the definition of "court", for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute-- " (a) a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council); " . 16 In Schedule 11 (full-time judges etc barred from legal practice), at the end insert-- " Judge or other member of the First-tier Tribunal-- (a)appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or (b)who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act) Judge or other member of the Upper Tribunal-- (a)appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or (b)who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act) Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal " . Social Security Administration Act 1992 (c. 5)17 The Social Security Administration Act 1992 is amended as follows. 18 In Schedule 4 (persons employed in social security administration or adjudication), in paragraph 3(b) of Part 2, for "Council on Tribunals or the" substitute "Administrative Justice and Tribunals Council or the Welsh or". 19 In Schedule 7 (regulations not requiring prior submission), in paragraphs 9 and 14, for the words from "Council on Tribunals" onwards substitute "Administrative Justice and Tribunals Council is required by paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007." Transport and Works Act 1992 (c. 42)20 The Transport and Works Act 1992 is amended as follows. 21 In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for "1971" substitute "1992". 22 (1) Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows. (2) In subsection (9)-- (a) for "1971" substitute "1992", and (b) for "section 12(1)" substitute "section 10(1)". (3) After that subsection insert-- " (9A) A local inquiry or other hearing held by a person appointed under this section shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). " Tribunals and Inquiries Act 1992 (c. 53)23 The Tribunals and Inquiries Act 1992 is amended as follows. 24 Omit section 5 (recommendations of Council as to appointment of members of tribunals). 25 In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect. 26 In section 8 (procedural rules for tribunals), after subsection (1) insert-- " (1A) Subsection (1) does not apply with respect to any procedural rules made or to be made by the Tribunal Procedure Committee. " 27 Omit section 8 (procedural rules for tribunals). 28 In section 9 (power of Lord Chancellor, after consulting the Council, to make rules of procedure for statutory inquiries), after subsection (3) insert-- " (3A) The Council, in exercising their functions under this section in relation to inquiries to be held in Wales, shall consult with the Welsh Committee. " 29 In section 14(1) (restricted application of Act in relation to certain tribunals)-- (a) for "the working or a decision of, or procedural rules for," substitute "a decision of", and (b) for "working, decisions or procedure" substitute "decisions". 30 In section 16(1) (interpretation)-- (a) for the definition of "Council" substitute-- " "Council" means the Administrative Justice and Tribunals Council, " (b) after the definition of "Council" insert-- " "enactment" includes an Act of the Scottish Parliament, " (c) for the definition of "Scottish Committee" substitute-- " "Scottish Committee" means the Scottish Committee of the Administrative Justice and Tribunals Council, " and (d) after the definition of "statutory provision" insert-- " "Welsh Committee" means the Welsh Committee of the Administrative Justice and Tribunals Council. " Judicial Pensions and Retirement Act 1993 (c. 8)31 (1) The Judicial Pensions and Retirement Act 1993 is amended as follows. (2) In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows. (3) In paragraph (f), for the words from "(persons" to the end substitute "(holders of relevant office);". (4) After paragraph (g) insert-- " (ga) hold office as a deputy judge of the Upper Tribunal if-- (i) section 94B of the Constitutional Reform Act 2005 applied to the appointment, and (ii) his corresponding qualifying office was listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007; " . (5) In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for purposes of the pensions provisions), at the end of the part dealing with the members of tribunals insert--
(6) In Schedule 5 (retirement provisions: the relevant offices), at the end insert--
Pension Schemes Act 1993 (c. 48)32 In section 185(8) of the Pension Schemes Act 1993 (consultation about regulations), for "Council on Tribunals" substitute "Administrative Justice and Tribunals Council". Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)33 (1) Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows. (2) For paragraph (b) substitute-- " (b) any tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council), or " . (3) For "within the meaning of section 8 of the Tribunals and Inquiries Act 1992" substitute "within the meaning given by paragraph 28 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007". Criminal Injuries Compensation Act 1995 (c. 53)34 In the Criminal Injuries Compensation Act 1995, after section 5 insert-- " 5A Oaths to be taken by adjudicators(1) A person appointed as an adjudicator under section 5 ("the adjudicator") must take-- (a) the oath of allegiance, and (b) the judicial oath, as set out in the Promissory Oaths Act 1868. (2) The adjudicator must take the oaths before-- (a) the Senior President of Tribunals, or (b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the adjudicator. (3) A person is eligible for the purposes of subsection (2)(b) if any one or more of the following paragraphs applies to him-- (a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005); (b) he holds judicial office (as defined in section 109(4) of that Act); (c) he holds (in Scotland) the office of sheriff. (4) In relation to a person who is an adjudicator appointed before the coming into force of this section, the requirement in subsection (1) applies from the coming into force of this section. " Employment Tribunals Act 1996 (c. 17)35 The Employment Tribunals Act 1996 is amended as follows. 36 Before section 4 insert-- " 3A Meaning of "Employment Judge"A person who is a member of a panel of chairmen of employment tribunals which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge. " 37 In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after "the person mentioned in subsection (1)(a) alone" insert "or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal". 38 In sections 4(4), 18(8) and 40(1), after "The Secretary of State" insert "and the Lord Chancellor, acting jointly,". 39 In section 5(1) (pay), for paragraph (c) substitute-- " (c) any person who is an Employment Judge on a full-time basis, and " . 40 After section 5 insert-- " 5A Training etc.The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of chairmen). 5B Members of employment tribunals: removal from office(1) Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales. (2) Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session. (3) Any power by which a member of a panel may be removed from membership of the panel-- (a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session; (b) may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales. (4) In subsection (3) "panel" means-- (a) a panel of chairmen of employment tribunals, or (b) any other panel of members of employment tribunals, which is appointed in accordance with regulations made under section 1(1). (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. 5C Oaths(1) Subsection (2) applies to a person ("the appointee")-- (a) who is appointed-- (i) as President of the Employment Tribunals (England and Wales), (ii) as President of the Employment Tribunals (Scotland), or (iii) as a member of a panel (as defined in section 5B(4)), and (b) who has not previously taken the required oaths after accepting another office. (2) The appointee must take the required oaths before-- (a) the Senior President of Tribunals, or (b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee. (3) If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section. (4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 -- Back --
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