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

(The document as of February, 2008)

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(b) an application for leave is transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) and the tribunal grants leave,

the tribunal has the function of deciding any subsequent application brought under the permission or leave, even if the subsequent application does not fall within a class specified under section 18(6).

(5) Tribunal Procedure Rules may make further provision for the purposes of supplementing subsections (3) and (4).

(6) For the purposes of subsection (3)(a)(ii), in relation to an application transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978--

(a) a mandatory order under section 15(1)(a) shall be taken to correspond to an order of mandamus,

(b) a prohibiting order under section 15(1)(b) shall be taken to correspond to an order of prohibition, and

20 Transfer of judicial review applications from the Court of Session

(1) Where an application is made to the supervisory jurisdiction of the Court of Session, the Court--

(a) must, if Conditions 1, 2 and 4 are met, and

(b) may, if Conditions 1, 3 and 4 are met, but Condition 2 is not,

by order transfer the application to the Upper Tribunal.

(2) Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.

(3) Condition 2 is that the application falls within a class specified for the purposes of this subsection by act of sederunt made with the consent of the Lord Chancellor.

(4) Condition 3 is that the subject matter of the application is not a devolved Scottish matter.

(5) Condition 4 is that the application does not call into question any decision made under--

(a) the Immigration Acts,

(b) the British Nationality Act 1981 (c. 61),

(d) any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.

(6) There may not be specified under subsection (3) any class of application which includes an application the subject matter of which is a devolved Scottish matter.

(7) For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it--

(a) concerns the exercise of functions in or as regards Scotland, and

(b) does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).

(8) In subsection (2), the reference to the exercise of the supervisory jurisdiction of the Court of Session includes a reference to the making of any order in connection with or in consequence of the exercise of that jurisdiction.

21 Upper Tribunal's "judicial review" jurisdiction: Scotland

(1) The Upper Tribunal has the function of deciding applications transferred to it from the Court of Session under section 20(1).

(2) The powers of review of the Upper Tribunal in relation to such applications are the same as the powers of review of the Court of Session in an application to the supervisory jurisdiction of that Court.

(3) In deciding an application by virtue of subsection (1), the Upper Tribunal must apply principles that the Court of Session would apply in deciding an application to the supervisory jurisdiction of that Court.

(4) An order of the Upper Tribunal by virtue of subsection (1)--

(a) has the same effect as the corresponding order granted by the Court of Session on an application to the supervisory jurisdiction of that Court, and

(b) is enforceable as if it were an order so granted by that Court.

(5) Where an application is transferred to the Upper Tribunal by virtue of section 20(1), any steps taken or orders made by the Court of Session in relation to the application (other than the order to transfer the application under section 20(1)) are to be treated as taken or made by the tribunal.

(6) Tribunal Procedure Rules may make further provision for the purposes of supplementing subsection (5).

Miscellaneous

22 Tribunal Procedure Rules

(1) There are to be rules, to be called "Tribunal Procedure Rules", governing--

(a) the practice and procedure to be followed in the First-tier Tribunal, and

(b) the practice and procedure to be followed in the Upper Tribunal.

(2) Tribunal Procedure Rules are to be made by the Tribunal Procedure Committee.

(3) In Schedule 5--

Part 1 makes further provision about the content of Tribunal Procedure Rules,
Part 2 makes provision about the membership of the Tribunal Procedure Committee,
Part 3 makes provision about the making of Tribunal Procedure Rules by the Committee, and
Part 4 confers power to amend legislation in connection with Tribunal Procedure Rules.

(4) Power to make Tribunal Procedure Rules is to be exercised with a view to securing--

(a) that, in proceedings before the First-tier Tribunal and Upper Tribunal, justice is done,

(b) that the tribunal system is accessible and fair,

(d) that the rules are both simple and simply expressed, and

(e) that the rules where appropriate confer on members of the First-tier Tribunal, or Upper Tribunal, responsibility for ensuring that proceedings before the tribunal are handled quickly and efficiently.

(5) In subsection (4)(b) "the tribunal system" means the system for deciding matters within the jurisdiction of the First-tier Tribunal or the Upper Tribunal.

23 Practice directions

(1) The Senior President of Tribunals may give directions--

(a) as to the practice and procedure of the First-tier Tribunal;

(b) as to the practice and procedure of the Upper Tribunal.

(2) A Chamber President may give directions as to the practice and procedure of the chamber over which he presides.

(3) A power under this section to give directions includes--

(a) power to vary or revoke directions made in exercise of the power, and

(b) power to make different provision for different purposes (including different provision for different areas).

(4) Directions under subsection (1) may not be given without the approval of the Lord Chancellor.

(5) Directions under subsection (2) may not be given without the approval of--

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(6) Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of guidance about any of the following--

(a) the application or interpretation of the law;

(b) the making of decisions by members of the First-tier Tribunal or Upper Tribunal.

(7) Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

24 Mediation

(1) A person exercising power to make Tribunal Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles--

(a) mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

(b) where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

(2) Practice directions may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(3) The provision that may be made by virtue of subsection (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.

(4) Once a member has begun to act as a mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(5) Staff appointed under section 40(1) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(6) In this section--

"member" means a judge or other member of the First-tier Tribunal or a judge or other member of the Upper Tribunal;
"practice direction" means a direction under section 23(1) or (2);
"proceedings" means proceedings before the First-tier Tribunal or proceedings before the Upper Tribunal.

25 Supplementary powers of Upper Tribunal

(1) In relation to the matters mentioned in subsection (2), the Upper Tribunal--

(a) has, in England and Wales or in Northern Ireland, the same powers, rights, privileges and authority as the High Court, and

(b) has, in Scotland, the same powers, rights, privileges and authority as the Court of Session.

(2) The matters are--

(a) the attendance and examination of witnesses,

(b) the production and inspection of documents, and

(3) Subsection (1) shall not be taken--

(a) to limit any power to make Tribunal Procedure Rules;

(b) to be limited by anything in Tribunal Procedure Rules other than an express limitation.

(4) A power, right, privilege or authority conferred in a territory by subsection (1) is available for purposes of proceedings in the Upper Tribunal that take place outside that territory (as well as for purposes of proceedings in the tribunal that take place within that territory).

26 First-tier Tribunal and Upper Tribunal: sitting places

Each of the First-tier Tribunal and the Upper Tribunal may decide a case--

(a) in England and Wales,

(b) in Scotland, or

even though the case arises under the law of a territory other than the one in which the case is decided.

27 Enforcement

(1) A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in England and Wales--

(a) shall be recoverable as if it were payable under an order of a county court in England and Wales;

(b) shall be recoverable as if it were payable under an order of the High Court in England and Wales.

(2) An order for the payment of a sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Scotland (or a copy of such an order certified in accordance with Tribunal Procedure Rules) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Northern Ireland--

(a) shall be recoverable as if it were payable under an order of a county court in Northern Ireland;

(b) shall be recoverable as if it were payable under an order of the High Court in Northern Ireland.

(4) This section does not apply to a sum payable in pursuance of--

(a) an award under section 16(6), or

(b) an order by virtue of section 21(1).

(5) The Lord Chancellor may by order make provision for subsection (1) or (3) to apply in relation to a sum of a description specified in the order with the omission of one (but not both) of paragraphs (a) and (b).

(6) Tribunal Procedure Rules--

(a) may make provision as to where, for purposes of this section, a decision is to be taken to be made;

(b) may provide for all or any of subsections (1) to (3) to apply only, or not to apply except, in relation to sums of a description specified in Tribunal Procedure Rules.

28 Assessors

(1) If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before it requires special expertise not otherwise available to it, it may direct that in dealing with that matter it shall have the assistance of a person or persons appearing to it to have relevant knowledge or experience.

(2) The remuneration of a person who gives assistance to either tribunal as mentioned in subsection (1) shall be determined and paid by the Lord Chancellor.

(3) The Lord Chancellor may--

(a) establish panels of persons from which either tribunal may (but need not) select persons to give it assistance as mentioned in subsection (1);

(b) under paragraph (a) establish different panels for different purposes;

(c) after carrying out such consultation as he considers appropriate, appoint persons to a panel established under paragraph (a);

(d) remove a person from such a panel.

29 Costs or expenses

(1) The costs of and incidental to--

(a) all proceedings in the First-tier Tribunal, and

(b) all proceedings in the Upper Tribunal,

shall be in the discretion of the Tribunal in which the proceedings take place.

(2) The relevant Tribunal shall have full power to determine by whom and to what extent the costs are to be paid.

(3) Subsections (1) and (2) have effect subject to Tribunal Procedure Rules.

(4) In any proceedings mentioned in subsection (1), the relevant Tribunal may--

(a) disallow, or

(b) (as the case may be) order the legal or other representative concerned to meet,

the whole of any wasted costs or such part of them as may be determined in accordance with Tribunal Procedure Rules.

(5) In subsection (4) "wasted costs" means any costs incurred by a party--

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

(b) which, in the light of any such act or omission occurring after they were incurred, the relevant Tribunal considers it is unreasonable to expect that party to pay.

(6) In this section "legal or other representative", in relation to a party to proceedings, means any person exercising a right of audience or right to conduct the proceedings on his behalf.

(7) In the application of this section in relation to Scotland, any reference in this section to costs is to be read as a reference to expenses.

Chapter 3 Transfer of tribunal functions

30 Transfer of functions of certain tribunals

(1) The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred--

(a) to the First-tier Tribunal,

(b) to the Upper Tribunal,

(c) to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order,

(d) to the First-tier Tribunal to the extent specified in the order and to the Upper Tribunal to the extent so specified,

(e) to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules,

(f) to an employment tribunal,

(g) to the Employment Appeal Tribunal,

(h) to an employment tribunal and the Employment Appeal Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order, or

(i) to an employment tribunal to the extent specified in the order and to the Employment Appeal Tribunal to the extent so specified.

(2) In subsection (1) "scheduled tribunal" means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

(3) The Lord Chancellor may, as respects a function transferred under subsection (1) or this subsection, by order provide for the function to be further transferred as mentioned in any of paragraphs (a) to (i) of subsection (1).

(4) An order under subsection (1) or (3) may include provision for the purposes of or in consequence of, or for giving full effect to, a transfer under that subsection.

(5) A function of a tribunal may not be transferred under subsection (1) or (3) if, or to the extent that, the provision conferring the function--

(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(6) Subsection (5) does not apply to--

(a) the Secretary of State's function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39),

(b) functions of the Consumer Credit Appeals Tribunal,

(d) functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53) (but see subsection (7)).

(7) Functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), so far as they relate to Scotland, may be transferred under subsection (1) or (3) only with the consent of the Scottish Ministers.

(8) A function of a tribunal may be transferred under subsection (1) or (3) only with the consent of the Welsh Ministers if any relevant function is exercisable in relation to the tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person).

(9) In subsection (8) "relevant function", in relation to a tribunal, means a function which relates--

(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

31 Transfers under section 30: supplementary powers

(1) The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable immediately before its transfer.

(2) The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person--

(a) who is the tribunal (but is not the Secretary of State), or

(b) who is a member of the tribunal, or

to (instead or in addition) be the holder of an office specified in subsection (3).

(3) Those offices are--

(a) transferred-in judge of the First-tier Tribunal,

(b) transferred-in other member of the First-tier Tribunal,

(d) transferred-in other member of the Upper Tribunal, and

(e) deputy judge of the Upper Tribunal.

(4) Where functions of a tribunal are transferred under section 30(1), the Lord Chancellor must exercise the power under subsection (2) so as to secure that each person who immediately before the end of the tribunal's life--

(a) is the tribunal,

(b) is a member of the tribunal, or

becomes the holder of an office specified in subsection (3) with effect from the end of the tribunal's life (if the person is not then already the holder of such an office).

(5) Subsection (4) does not apply in relation to a person--

(a) by virtue of the person's being the Secretary of State, or

(b) by virtue of the person's being a Commissioner for the general purposes of the income tax;

and a reference in subsection (4) to the end of a tribunal's life is to when the tribunal is abolished or (without being abolished) comes to have no functions.

(6) For the purposes of this section, a person is an "authorised decision-maker" for a tribunal if--

(a) the tribunal is listed in column 1 of an entry in the following Table, and

(b) the person is of the description specified in column 2 of that entry.

(1)	(2)
Tribunal	Authorised decision-maker
Adjudicator to Her Majesty's Land Registry	Member of the Adjudicator's staff who is authorised by the Adjudicator to carry out functions of the Adjudicator which are not of an administrative character
The Secretary of State as respects his function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39)	Person who is a member of a panel under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 (S.I. 1998/1203)
The Secretary of State as respects his function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38)	Person appointed, at any time after 2005, under regulation 19(1) of the Estate Agents (Appeals) Regulations 1981 (S.I. 1981/1518) to hear an appeal on behalf of the Secretary of State

(7) Where a function of a tribunal is transferred under section 30(1), the Lord Chancellor may by order provide for procedural rules in force immediately before the transfer to have effect, or to have effect with appropriate modifications, after the transfer (and, accordingly, to be capable of being varied or revoked) as if they were--

(a) Tribunal Procedure Rules, or

(b) employment tribunal procedure regulations, or Appeal Tribunal procedure rules, within the meaning given by section 42(1) of the Employment Tribunals Act 1996 (c. 17).

(8) In subsection (7)--

"procedural rules" means provision (whether called rules or not)--
(a)
regulating practice or procedure before the tribunal, and
(b)
applying for purposes connected with the exercise of the function;
"appropriate modifications" means modifications (including additions and omissions) that appear to the Lord Chancellor to be necessary to secure, or expedient in connection with securing, that the procedural rules apply in relation to the exercise of the function after the transfer.

(9) The Lord Chancellor may, in connection with provision made by order under section 30 or the preceding provisions of this section, make by order such incidental, supplemental, transitional or consequential provision, or provision for savings, as the Lord Chancellor thinks fit, including provision applying only in relation to cases selected by a member--

(a) of the First-tier Tribunal,

(b) of the Upper Tribunal,

(d) of a panel of members of employment tribunals.

(10) Subsections (1), (2) and (7) are not to be taken as prejudicing the generality of subsection (9).

32 Power to provide for appeal to Upper Tribunal from tribunals in Wales

(1) Subsection (2) applies if--

(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is not transferred under section 30(1) in relation to Wales, or

(b) a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.

(2) The Lord Chancellor may by order--

(a) provide for an appeal against a decision to be made to the Upper Tribunal instead of to the court to which an appeal would otherwise fall to be made where the decision is made in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);

(b) provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).

(3) The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.

(4) In subsection (3) "scheduled tribunal" means a tribunal in a list in Schedule 6 that has effect for the purposes of that subsection.

(5) An order under subsection (2) or (3)--

(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

33 Power to provide for appeal to Upper Tribunal from tribunals in Scotland

(1) Subsection (2) applies if--

(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Scotland,

(b) an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and

(2) The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.

(3) An order under subsection (2)--

(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(4) An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.

34 Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

(1) Subsection (2) applies if--

(b) an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and

(c) no appeal may be made against a corresponding decision made in exercising the function in relation to Northern Ireland.

(2) The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.

(3) An order under subsection (2)--

(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

35 Transfer of Ministerial responsibilities for certain tribunals

(1) The Lord Chancellor may by order--

(a) transfer any relevant function, so far as that function is exercisable by a Minister of the Crown--

(i) to the Lord Chancellor, or

(ii) to two (or more) Ministers of the Crown of whom one is the Lord Chancellor;

(b) provide for any relevant function that is exercisable by a Minister of the Crown other than the Lord Chancellor to be exercisable by the other Minister of the Crown concurrently with the Lord Chancellor;

(c) provide for any relevant function that is exercisable by the Lord Chancellor concurrently with another Minister of the Crown to cease to be exercisable by the other Minister of the Crown.

(2) In this section "relevant function" means a function, in relation to a scheduled tribunal, which relates--

(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

(3) In subsection (2) "scheduled tribunal" means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

(4) A relevant function may not be transferred under subsection (1) if, or to the extent that, the provision conferring the function--

(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(5) Subsection (4) does not apply to any relevant function of the Secretary of State--

(a) under section 41 of the Consumer Credit Act 1974 (c. 39) (appeals), or

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