Tribunals and Inquiries Act 1992
| Year | 1992 |
Tribunals and Inquiries Act1992
1992 CHAPTER 53
An Act to consolidate the Tribunals and Inquiries Act 1971 and certain other enactments relating to tribunals and inquiries.
[16th July 1992]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Council on Tribunals and their functions
1 The Council on Tribunals.
(1) There shall continue to be a council entitled the Council on Tribunals (in this Act referred to as ‘the Council’)—
(a) to keep under review the constitution and working of the tribunals specified in Schedule 1 (being the tribunals constituted under or for the purposes of the statutory provisions specified in that Schedule) and, from time to time, to report on their constitution and working;
(b) to consider and report on such particular matters as may be referred to the Council under this Act with respect to tribunals other than the ordinary courts of law, whether or not specified in Schedule 1, or any such tribunal; and
(c) to consider and report on such matters as may be referred to the Council under this Act, or as the Council may determine to be of special importance, with respect to administrative procedures involving, or which may involve, the holding by or on behalf of a Minister of a statutory inquiry, or any such procedure.
(2) Nothing in this section authorises or requires the Council to deal with any matter with respect to which the Parliament of Northern Ireland had power to make laws.
2 Composition of the Council and the Scottish Committee.
(1) Subject to subsection (3), the Council shall consist of not more than fifteen nor less than ten members appointed by the Lord Chancellor and the Lord Advocate, and one of the members shall be so appointed to be chairman of the Council.
(2) There shall be a Scottish Committee of the Council (in this Act referred to as ‘the Scottish Committee’) which, subject to subsection (3), shall consist of—
(a) either two or three members of the Council designated by the Lord Advocate, and
(b) either three or four persons, not being members of the Council, appointed by the Lord Advocate;
and the Lord Advocate shall appoint one of the members of the Scottish Committee (being a member of the Council) to be chairman of the Scottish Committee.
(3) In addition to the persons appointed or designated under subsection (1) or (2), the Parliamentary Commissioner for Administration shall, by virtue of his office, be a member of the Council and of the Scottish Committee.
(4) In appointing members of the Council regard shall be had to the need for representation of the interests of persons in Wales.
3 Tenure of office, remuneration and expenses.
(1) Persons appointed under section 2 shall hold and vacate office under the terms of the instruments under which they are appointed but may resign office by notice in writing to the Minister or Ministers by whom they were appointed; and any such person who ceases to hold office shall be eligible for re-appointment.
(2) There shall be paid—
(a) to the chairman of the Council and the chairman of the Scottish Committee such salaries as may be determined by the Treasury, and
(b) to the other members of the Council and of the Scottish Committee such fees (if any) as may be so determined.
(3) The salaries and fees payable under subsection (2), together with such expenses of the Council and of the Scottish Committee (including subsistence allowances for and travelling expenses of their members) as may be approved by the Treasury shall be defrayed out of money provided by Parliament.
4 Reports of, and references to, Council and Scottish Committee.
(1) Subject to the provisions of this section, any report by, or reference to, the Council shall be made to or, as the case may be, by, the Lord Chancellor and the Lord Advocate.
(2) A reference to the Council of a matter relating only to England and Wales may be made by the Lord Chancellor and a reference to the Council of a matter relating only to Scotland may be made by the Lord Advocate; and the report of the Council on a reference so made shall be made to the Minister making the reference.
(3) The Council shall not make a report on any such tribunal as is specified in Part II of Schedule 1 or on any matter referred to the Council by the Lord Advocate until the Council—
(a) have referred the matter of the report for consideration, and report to the Council, by the Scottish Committee, and
(b) have considered the report of that Committee.
(4) Where, without any reference having been made to them, the Council report on any such matter as is mentioned in section 1(1)(c), then—
(a) if the matter relates only to England and Wales, subsection (2) shall apply as if the matter had been referred to the Council by the Lord Chancellor;
(b) if the matter relates only to Scotland, subsections (2) and (3) shall apply as if the matter had been referred to them by the Lord Advocate.
(5) The Scottish Committee may of its own motion make a report to the Council with respect to the constitution or working of any such tribunal as is specified in Part II of Schedule 1 or with respect to any matter falling within section 1(1)(c) and relating only to Scotland.
(6) If the Council—
(a) in reporting on any matter which they have referred to the Scottish Committee or on which that Committee has reported to the Council of its own motion, do not adopt the report of that Committee without modification, or
(b) do not make a report on matters on which the Scottish Committee has reported to the Council of its own motion,
the Scottish Committee may submit its report to the Lord Advocate.
(7) The Council shall make an annual report to the Lord Chancellor and the Lord Advocate on their proceedings and those of the Scottish Committee, and those Ministers shall lay the report before Parliament with such comments (if any) as they think fit.
Composition and procedure of tribunals and inquiries
5 Recommendations of Council as to appointment of members of tribunals.
(1) Subject to section 6 but without prejudice to the generality of section 1(1)(a), the Council may make to the appropriate Minister general recommendations as to the making of appointments to membership of any tribunals mentioned in Schedule 1 or of panels constituted for the purposes of any such tribunals; and (without prejudice to any statutory provisions having effect with respect to such appointments) the appropriate Minister shall have regard to recommendations under this section.
(2) In this section ‘the appropriate Minister’, in relation to appointments of any description, means the Minister making the appointments or, if they are not made by a Minister, the Minister in charge of the government department concerned with the tribunals in question.
(3) The following provisions shall have effect as respects any tribunal specified in Part II of Schedule 1—
(a) the Council shall not make any recommendations under this section until—
(i) they have referred the matter of the recommendations for consideration, and report to the Council, by the Scottish Committee, and
(ii) they have considered the report of that Committee,
(b) without prejudice to the generality of section 4(5), the Scottish Committee may of its own motion propose any such general recommendations as expedient to be made by the Council to the appropriate Minister, and
(c) if the Council—
(ii) do not make recommendations on matters on which the Scottish Committee has made proposals to the Council,
the Scottish Committee may submit its report or proposals to the Lord Advocate.
6 Appointment of chairmen of certain tribunals.
(1) The chairman, or any person appointed to act as...
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