The Transfer of Tribunal Functions Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/22

2010 No. 22

Tribunals And Inquiries

The Transfer of Tribunal Functions Order 2010

Made 6th January 2010

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 30(1) and (4), 31(1), (2) and (9) and 38 of, and paragraph 30 of Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071.

The Welsh Ministers have consented to the making of this Order in so far as their consent is required by section 30(8) of that Act.

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

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Transfer of Tribunal Functions Order 2010 and, subject to paragraph (2), comes into force on 18th January 2010.

(2) The following provisions of this Order come into force on 6th April 2010—

(a)

(a) paragraph (5);

(b)

(b) article 2(2), (3)(b) and (4);

(c)

(c) article 3 in respect of the Financial Services and Markets Tribunal;

(d)

(d) Schedule 1 in respect of the Financial Services and Markets Tribunal and the Pensions Regulator Tribunal;

(e)

(e) in Schedule 2, paragraphs 3(c)(i), 4(c), 5 to 9, 12 to 14, 15(c), 17(b), 18(b), 20 to 23, 43 to 49, 74 to 89, 92(h) to (k) and 141 to 151;

(f)

(f) in Schedule 3, paragraphs 16 to 38, 90 to 94, 140 to 142, 143(d), 144 to 146, 148 to 158, 176 to 189 and 191 to 200; and

(g)

(g) Part 2 of Schedule 4.

(3) Subject as follows, this Order extends to England and Wales, Scotland and Northern Ireland.

(4) Except as provided by paragraph (5), an amendment, repeal or revocation of any enactment by any provision of Schedule 2, 3 or 4 extends to the part or parts of the United Kingdom to which the enactment extends.

(5) The amendments, repeals and revocations made by the following provisions do not extend to Northern Ireland—

(a)

(a) in Schedule 2, paragraphs 5(b), 9(b), 77 to 79, 83 to 85, 88, 142(b) and 143(b);

(b)

(b) in Schedule 3, paragraphs 90 to 94;

(c)

(c) in Part 2 of Schedule 4, the entries relating to—

(i) the Tribunals, Courts and Enforcement Act 20072in so far as it relates to paragraph 40 of Schedule 10;

(iv) the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 2) Order 20065.

S-2 Transfer of functions of certain tribunals

Transfer of functions of certain tribunals

2.—(1) The functions of the following tribunals are transferred to the First-tier Tribunal—

(a)

(a) tribunals drawn from the Adjudication Panel for England;

(b)

(b) the Claims Management Services Tribunal;

(c)

(c) the Gambling Appeals Tribunal;

(d)

(d) the Immigration Services Tribunal; and

(e)

(e) the Family Health Services Appeal Authority.

(2) The functions of the Financial Services and Markets Tribunal are transferred to the Upper Tribunal.

(3) The functions of the following tribunals are transferred to the First-tier Tribunal and the Upper Tribunal with the question as to which one of them is to exercise the functions in a particular case being determined by, or under, Tribunal Procedure Rules—

(a)

(a) the Information Tribunal; and

(b)

(b) subject to paragraph (4), the Pensions Regulator Tribunal.

(4) The functions of the Pensions Regulator Tribunal exercisable in relation to Northern Ireland are not transferred.

S-3 Abolition of tribunals

Abolition of tribunals

3. The tribunals mentioned in article 2(1), (2) and (3)(a) are abolished.

S-4 Persons becoming judges and other members of the First-tier Tribunal and the Upper Tribunal

Persons becoming judges and other members of the First-tier Tribunal and the Upper Tribunal

4. A person who, immediately before this Order comes into force, holds an office listed in a part of Schedule 1, is to hold the office or offices set out in the corresponding entry in the table below.

Part of Schedule 1

Office or offices

Part 1

Transferred-in judge of the Upper Tribunal

Part 2

Transferred-in other member of the Upper Tribunal

Part 3

Deputy judge of the Upper Tribunal and transferred in judge of the First-tier Tribunal

Part 4

Transferred-in judge of the First-tier Tribunal

Part 5

Transferred-in other member of the First-tier Tribunal

S-5 Consequential, transitional and saving provisions

Consequential, transitional and saving provisions

5.—(1) Schedule 2 contains amendments to primary legislation as a consequence of the transfers effected by this Order.

(2) Schedule 3 contains amendments to secondary legislation as a consequence of the transfers effected by this Order.

(3) Schedule 4 contains repeals and revocations as a consequence of the amendments in Schedules 2 and 3.

(4) Schedule 5 contains transitional and saving provisions.

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

6th January 2010

SCHEDULE 1

Article 4

Persons becoming judges and members of the First-tier Tribunal and Upper Tribunal

1 Persons becoming transferred-in judges of the Upper Tribunal

PART 1

Persons becoming transferred-in judges of the Upper Tribunal

Member of the panel of chairmen of the Financial Services and Markets Tribunal appointed under paragraph 3(1) of Schedule 13 to the Financial Services and Markets Act 2000 (c. 8)

Member of the panel of chairmen of the Pensions Regulator Tribunal appointed under paragraph 1(1) of Schedule 4 to the Pensions Act 2004 (c. 35)

President of the Claims Management Services Tribunal by virtue of section 12(2)(b) of the Compensation Act 2006 (c. 29)

Deputy President of the Claims Management Services Tribunal by virtue of section 12(2)(c) of the Compensation Act 2006

Member of the panel of chairmen of the Claims Management Services Tribunal by virtue of section 12(2)(d) of the Compensation Act 2006

2 Persons becoming transferred-in other members of the Upper Tribunal

PART 2

Persons becoming transferred-in other members of the Upper Tribunal

Other member of the Information Tribunal appointed under section 6(4)(c) of the Data Protection Act 19986

Member of the lay panel of members of the Financial Services and Markets Tribunal appointed under paragraph 3(4) of Schedule 13 to the Financial Services and Markets Act 2000

Member of the lay panel of members of the Pensions Regulator Tribunal appointed under paragraph 1(4) of Schedule 4 to the Pensions Act 2004

Member of the panel of other members of the Claims Management Services Tribunal by virtue of section 12(2)(a) of the Compensation Act 2006

3 Persons becoming deputy judges of the Upper Tribunal and transferred-in judges of the First-tier Tribunal

PART 3

Persons becoming deputy judges of the Upper Tribunal and transferred-in judges of the First-tier Tribunal

Chairman of the Information Tribunal appointed under section 6(4)(a) of the Data Protection Act 1998 and known as the President of the Tribunal

Deputy chairman of the Information Tribunal appointed under section 6(4)(b) of the Data Protection Act 1998 and designated under paragraph 2 of Schedule 6 to that Act

President of the Immigration Services Tribunal appointed under paragraph 2 of Schedule 7 to the Immigration and Asylum Act 1999 (c. 33)

President of the Adjudication Panel for England appointed under section 75(4)(a) of the Local Government Act 2000 (c. 22)

President of the Gambling Appeals Tribunal appointed under paragraph 1(1)(a) of Schedule 8 to the Gambling Act 2005 (c. 19)

President of the Family Health Services Appeal Authority appointed under paragraph 1(a) of Schedule 13 to the National Health Service Act 2006 (c. 41)

4 Persons becoming transferred-in judges of the First-tier Tribunal

PART 4

Persons becoming transferred-in judges of the First-tier Tribunal

Deputy chairman of the Information Tribunal appointed under section 6(4)(b) of the Data Protection Act 1998

A legal member of the Immigration Services Tribunal appointed under paragraph 1(2) and (3)(a) of Schedule 7 to the Immigration and Asylum Act 1999

Deputy President of the Adjudication Panel for England appointed under section 75(4)(b) of the Local Government Act 2000

Member of the Adjudication Panel for England appointed under section 75(3) of the Local Government Act 2000 as a legal member of the Panel

Other member of the Gambling Appeals Tribunal appointed under paragraph 1(1)(b) of Schedule 8 to the Gambling Act 2005

Deputy President of the Family Health Services Appeal Authority appointed under paragraph 1(b) of Schedule 13 to the National Health Service Act 2006

Member of the Family Health Services Appeal Authority appointed under paragraphs 1(c) and 6(2)(a) of Schedule 13 to the National Health Service Act 2006

5 Persons becoming transferred-in other members of the First-tier Tribunal

PART 5

Persons becoming transferred-in other members of the First-tier Tribunal

Other member of the Immigration Services Tribunal appointed under paragraph 1(2) and (3)(b) of Schedule 7 to the Immigration and Asylum Act 1999

Member of the Adjudication Panel for England appointed under section 75(3) of the Local Government Act 2000 as a lay member of the Panel

Other member of the Family Health Services Appeal Authority appointed under paragraph 1(c) of Schedule 13 to the National Health Service Act 2006

SCHEDULE 2

Article 5(1)

Consequential amendments to primary legislation

SCH-2.1

1. Public Records Act 1958

In paragraph 4(1) of Schedule 1 to the Public Records Act 19587(definition of public records) omit paragraphs (ja) and (nn).

SCH-2.2

2. Parliamentary Commissioner Act 1967

In Schedule 4 to the Parliamentary Commissioner Act 19678(relevant tribunals for the purposes of section 5(7)) omit the entry relating to the Information Tribunal.

SCH-2.3

3. House of Commons Disqualification Act 1975

In Schedule 1 to the House of Commons Disqualification Act 19759(offices disqualifying for membership)—

(a) in Part 1 (judicial offices) omit the entry relating to a member of the...

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