The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/1307

2009 No. 1307

Tribunals And Inquiries

Judicial Appointments And Discipline

The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

Made 21th May 2009

Coming into force 1st June 2009

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 30(1) and (4), 31(1), (2), (7) and (9), 38, 51(1) and 145 of the Tribunals, Courts and Enforcement Act 20071.

The Lord Chancellor has consulted the Lord Chief Justice of England and Wales and the Judicial Appointments Commission in accordance with section 51(9) of that Act, and the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7 to that Act.

A draft of this Order was laid before Parliament and approved by resolution of each House of Parliament in accordance with sections 49(5) and 51(14) of that Act.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 and comes into force on 1st June 2009.

S-2 Transfer of functions and abolition of the Lands Tribunal

Transfer of functions and abolition of the Lands Tribunal

2.—(1) The functions of the Lands Tribunal are transferred to the Upper Tribunal.

(2) The Lands Tribunal is abolished.

S-3 Transfer of persons into the Upper Tribunal

Transfer of persons into the Upper Tribunal

3. A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

(1) Office held

(2) Office to be held

President of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949 (c.42)

Transferred-in judge of the Upper Tribunal

Other member of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949

Transferred-in other member of the Upper Tribunal

S-4 Transfer of Rules

Transfer of Rules

4. The Lands Tribunal Rules 19962have effect as if they were Tribunal Procedure Rules.

S-5 Consequential and transitional provisions

Consequential and transitional provisions

5.—(1) Schedules 1 to 3 contain amendments to legislation as a consequence of the transfers effected by this Order, by the Transfer of Tribunal Functions Order 20083and by the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 20094.

(2) Schedule 1 contains amendments to primary legislation.

(3) Schedule 2 contains amendments to secondary legislation.

(4) Schedule 3 contains amendments to Church of England measures.

(5) Schedule 4 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(6) Schedule 5 contains transitional and saving provisions.

S-6 Amendment of local and private Acts, and of Transport and Works Act Orders

Amendment of local and private Acts, and of Transport and Works Act Orders

6.—(1) Any reference to the Lands Tribunal in a local or private Act is to be read as a reference to the Upper Tribunal.

(2) Any reference to the Lands Tribunal in an order made under section 1 or 3 of the Transport and Works Act 19925is to be read as a reference to the Upper Tribunal.

(3) In paragraphs (1) and (2), a reference to the Lands Tribunal does not include a reference to the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland.

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

21st May 2009

SCHEDULE 1

Article 5(1) and (2)

Consequential amendments to primary legislation

Railways Clauses Consolidation Act 1845

Railways Clauses Consolidation Act 1845

SCH-1.1

1. The Railways Clauses Consolidation Act 18456is amended as follows.

SCH-1.2

2. In section 6 (the construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act) for “Lands Tribunal” substitute “Upper Tribunal”.

SCH-1.3

3. In section 78 (mines lying near the railway not to be worked if the company are willing to make compensation for them) for “Lands Tribunal” substitute “Upper Tribunal”.

SCH-1.4

4. Improvement of Land Act 1864

In section 73 of the Improvement of Land Act 18647(power to enter on neighbouring lands for repair of works, making compensation) for “the Lands Tribunal or the Lands Tribunal for Scotland” substitute “the Upper Tribunal”.

SCH-1.5

5. Law of Property Act 1925

In section 84 of the Law of Property Act 19258(power to discharge or modify restrictive covenants affecting land)—

(a) in subsections (1), (1A), (1B), (1C), (3), (6) and (9) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”; and

(b) in subsection (3A)—

(i) for “Lands Tribunal”, in each place except in the reference to the Lands Tribunal Act 1949, substitute “Upper Tribunal”;

(ii) for “rules under the Lands Tribunal Act 1949” substitute “Tribunal Procedure Rules”; and

(iii) omit “or by means of a case stated by the Lands Tribunal,”.

Requisitioned Land and War Works Act 1945

Requisitioned Land and War Works Act 1945

SCH-1.6

6. The Requisitioned Land and War Works Act 19459is amended as follows.

SCH-1.7

7. In section 47 (compensation under section 2 of Compensation (Defence) Act 1939 for removal of fixed machinery or plant) for “General Claims Tribunal” substitute “appropriate tribunal”.

SCH-1.8

8. In section 48(1) (successive works to be dealt with as one) for “General Claims Tribunal” substitute “appropriate tribunal”.

SCH-1.9

9. In section 59(1) (interpretation etc.) insert in the appropriate place—

““the appropriate tribunal” means—

(a) in the application of this Act to England and Wales, the Upper Tribunal;

(b) in the application of this Act to Scotland, the Lands Tribunal for Scotland;

(c) in the application of this Act to Northern Ireland, the Lands Tribunal for Northern Ireland;”.

Lands Tribunal Act 1949

Lands Tribunal Act 1949

SCH-1.10

10. The Lands Tribunal Act 194910is amended as follows.

SCH-1.11

11. In section 1 (establishment and jurisdiction of Lands Tribunal)—

(a) for the heading substitute “Establishment of the Lands Tribunal for Scotland and jurisdiction”;

(b) in subsection (1) for the words from “the following tribunals, namely” to the end substitute “a tribunal for Scotland, to be called “the Lands Tribunal for Scotland”.”;

(c) omit subsection (2);

(d) in subsection (3)—

(i) for “Lands Tribunal” substitute “Upper Tribunal or the Lands Tribunal for Scotland”; and

(ii) in paragraph (c) after “Lands Clauses Consolidation Act 1845” insert “or section 109 of the Lands Clauses Consolidation (Scotland) Act 1845”;

(e) in subsections (4) and (5) for “Lands Tribunal”, in each place, substitute “Upper Tribunal or the Lands Tribunal for Scotland”;

(f) in subsection (6) for “as hereinafter mentioned from the members of the Lands Tribunal” substitute “by the Senior President of Tribunals from members of the Upper Tribunal who are members or fellows of the Royal Institution of Chartered Surveyors”;

(g) after subsection (6) insert—

SCH-1.6A

“6A Where any person is or may be liable for any compensation falling to be determined under section 57 or 97 of the Lands Clauses Consolidation (Scotland) Act 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections shall be selected from members of the Lands Tribunal for Scotland in accordance with the following provisions of this Act.”; and

(h) omit subsection (8).

SCH-1.12

12. In section 2 (members, officers and expenses of Lands Tribunal)—

(a) in the heading after “Lands Tribunal” insert “for Scotland”;

(b) in subsection (1)—

(i) after “Lands Tribunal” insert “for Scotland”; and

(ii) for “Lord Chancellor” in each place substitute “Scottish Ministers”;

(c) for subsection (2) substitute—

SCH-1.2

“2 The President shall be a person appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor.

SCH-1.2A

2A Of the other members of the Lands Tribunal for Scotland—

(a) such number as the Lord President of the Court of Session may determine shall be persons appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor; and

(b) the others shall be persons who have had experience in the valuation of land, appointed after consultation with the chairman of the Scottish Branch of the Royal Institution of Chartered Surveyors.”;

(d) in subsection (3)—

(i) for “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor,” substitute “Scottish Ministers may”; and

(ii) after “Lands Tribunal” insert “for Scotland”;

(e) in subsection (4)—

(i) after “Lands Tribunal” insert “for Scotland”;

(ii) for “Lord Chancellor and the Lord Chief Justice of England and Wales”, in each place, substitute “Scottish Ministers”; and

(iii) for “he thinks” substitute “they think”;

(f) in subsection (5)—

(i) after “Lands Tribunal” in each place insert “for Scotland”; and

(ii) for “Lord Chancellor” substitute “Scottish Ministers”;

(g) in subsection (6)—

(i) after “Lands Tribunal” insert “for Scotland”; and

(ii) for “Lord Chancellor” substitute “Secretary of State”;

(h) in subsection (7)—

(i) for “Lord Chancellor” substitute “Scottish Ministers”;

(ii) after “Lands Tribunal” insert “for Scotland; and

(iii) for “as he may” substitute “as they may”; and

(i) omit subsections (8), (9) and (11).

SCH-1.13

13. In section 3 (procedure, appeals, costs and fees)—

(a) in the heading after “fees” insert “in the Lands Tribunal for Scotland”;

(b) in subsections (1), (2), (5), (6) and (10) after “Lands Tribunal”, in each place, insert “for Scotland”;

(c) omit subsections (4), (8), (11) and (12)(a) and (b);

(d) for subsection (6)(c) substitute—

“(c)

“(c) make provision—

(i) requiring persons to attend to give evidence and produce documents;

(ii) authorising the...

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