The Transfer of Tribunal Functions Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/1036
Year2013

2013 No. 1036

Tribunals And Inquiries, England And Wales

The Transfer of Tribunal Functions Order 2013

Made 29th April 2013

Coming into force 1st July 2013

The Lord Chancellor makes the following order in the exercise of the powers conferred by sections 30(1), 31, 32, 35, 36, 38 and paragraph 30 of Schedule 5 to the Tribunals, Courts and Enforcement Act 20071.

The Lord Chancellor has consulted 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 section 49(5) of that Act.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Transfer of Tribunal Functions Order 2013 and comes into force on 1st July 2013.

Transfer of functions and abolition of tribunals

Transfer of functions and abolition of tribunals

S-2 The functions of rent assessment committees for areas in...

2.—(1) The functions of rent assessment committees for areas in England are transferred to the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules in relation to any particular case, the Upper Tribunal.

(2) Rent assessment committees for areas in England are abolished.

S-3 The functions of Agricultural Land Tribunals for areas in...

3.—(1) The functions of Agricultural Land Tribunals for areas in England are transferred to the First-tier Tribunal.

(2) Agricultural Land Tribunals for areas in England are abolished.

S-4 The functions of the Adjudicator to Her Majesty’s Land Registry...

4.—(1) The functions of the Adjudicator to Her Majesty’s Land Registry are transferred to the First-tier Tribunal.

(2) The Adjudicator to Her Majesty’s Land Registry is abolished.

Transfer of persons into the First-tier Tribunal and the Upper Tribunal
S-5 Transfer of persons into the First-tier Tribunal and the Upper Tribunal

Transfer of persons into the First-tier Tribunal and the Upper Tribunal

5. A person who, immediately before 1st July 2013, 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.

Column (1)

Office held

Column (2)

Office to be held

Any person appointed under Schedule 10 to the Rent Act 1977 to be a chairman member of a rent assessment panel for an area in England on the basis of holding a qualification as a solicitor or a barrister or as having sufficient expertise and experience in the law

Transferred-in judge of the First-tier Tribunal

Any person appointed under Schedule 10 to the Rent Act 1977 to be a chairman member of a rent assessment panel for an area in England on the basis of holding a qualification as a chartered surveyor

Transferred-in other member of the First-tier Tribunal

Any person appointed under Schedule 10 to the Rent Act 1977 to a rent assessment panel for an area in England other than a person falling within the entries above

Transferred-in other member of the First-tier Tribunal

Chairman of an Agricultural Land Tribunal for an area in England

Transferred-in judge of the First-tier Tribunal

Member of a panel of deputy chairmen of an Agricultural Land Tribunal for an area in England

Transferred-in judge of the First-tier Tribunal

Member of a panel of an Agricultural Land Tribunal for an area in England representing the interests of farmers

Transferred-in other member of the First-tier Tribunal

Member of a panel of an Agricultural Land Tribunal for an area in England representing the interests of owners of agricultural land

Transferred-in other member of the First-tier Tribunal

Member of a panel of persons experienced in matters relating to the drainage of land for the purposes of section 31 of the Land Drainage Act 1991 in England

Transferred-in other member of the First-tier Tribunal

Adjudicator to Her Majesty’s Land Registry

Transferred-in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal

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

Transferred-in judge of the First-tier Tribunal

Consequential, transitional and saving provisions
S-6 Consequential, transitional and saving provisions

Consequential, transitional and saving provisions

6.—(1) Schedule 1 contains consequential amendments and repeals to primary legislation as a consequence of the transfers of functions effected by this Order.

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

(3) Schedule 3 contains transitional and saving provisions.

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

29th April 2013

SCHEDULE 1

Article 6(1)

Consequential provisions – primary legislation

1 Provisions consequential upon transfer of functions from rent assessment committees for areas in England

PART 1

Provisions consequential upon transfer of functions from rent assessment committees for areas in England

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

SCH-1.1

1. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19512is amended as follows.

SCH-1.2

2. In section 22 (facilities for action on behalf of men serving abroad in proceedings as to tenancies)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2), for “a rent tribunal” substitute “an appropriate tribunal”;

(c) in subsection (3A), omit “or rent assessment committee” in both places.

Leasehold Reform Act 1967

Leasehold Reform Act 1967

SCH-1.3

3. The Leasehold Reform Act 19673is amended as follows.

SCH-1.4

4. In section 9 (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (4A)4, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

SCH-1.5

5. In section 14 (obligation to grant extended lease), in subsection (2A)5, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

SCH-1.6

6. In section 216(jurisdiction of leasehold valuation tribunals)—

(a) in the heading, omit “leasehold valuation”;

(b) in subsections (1), (1B), (2) and (2A), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

SCH-1.7

7. In section 27 (enfranchisement where landlord cannot be found), in subsection (5)(a)7, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

SCH-1.8

8. In section 31(2)(a)8(ecclesiastical property), after “a leasehold valuation tribunal” insert “, the First-tier Tribunal ”.

SCH-1.9

9. In section 37 (interpretation of Part I), after subsection (1)(a) insert—

“(aa)

“(aa) “the appropriate tribunal” means—

(i) in relation to a house and premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(ii) in relation to a house and premises in Wales, a leasehold valuation tribunal;”.

SCH-1.10

10. In Schedule 1 (enfranchisement and extension by sub-tenants), in paragraph 5(3)9, for “a leasehold valuation tribunal”, in both places, substitute “the appropriate tribunal”.

SCH-1.11

11. In Schedule 2 (provisions supplementary to sections 17 and 18 of this Act), in paragraph 2(2)10, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Rent Act 1977

Rent Act 1977

SCH-1.12

12. The Rent Act 197711is amended as follows.

SCH-1.13

13. In section 65 (rent assessment committees), after “committees” insert “for Wales”.

SCH-1.14

14. After section 65, insert—

SCH-1.65A

Right of appeal from a rent assessment committee

65A.—(1) An appeal on any point of law from a decision of a rent assessment committee constituted under Schedule 10 to this Act may be made to the Upper Tribunal.

(2) Subsection (1) does not apply where the rent assessment committee is exercising functions of a leasehold valuation tribunal or a residential property tribunal.”

SCH-1.15

15. In section 71 (amount to be registered as rent), in subsection (4), for “rent assessment committee” substitute “appropriate tribunal”.

SCH-1.16

16. In section 7212(effect of registration of rent)—

(a) for subsection (1)(b) substitute—

“(b)

“(b) if the rent is determined by the appropriate tribunal, from the date when the tribunal make their decision.”;

(b) for subsection (2)(b) substitute—

“(b)

“(b) if it is made by the appropriate tribunal, from the date when the tribunal make their decision.”.

SCH-1.17

17. In section 72A13(amounts attributable to services)—

(a) for “rent assessment committee” substitute “appropriate tribunal”, and

(b) for “committee” substitute “tribunal”.

SCH-1.18

18. In section 75 (interpretation of Part IV), insert the following definition in the appropriate alphabetical place—

““appropriate tribunal” means—

(a) in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(b) in relation to a dwelling-house in Wales, a rent assessment committee.”.

SCH-1.19

19. In section 7714(reference of contracts to rent tribunals and obtaining by them of information)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “rent” substitute “appropriate”;

(c) in subsection (2), for “a rent” substitute “the appropriate”.

SCH-1.20

20. In section 7815(powers of rent tribunals on reference of contracts)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(c) in subsection (3), for “rent tribunal” substitute “appropriate tribunal”.

SCH-1.21

21. In section 7916(register of rents under restricted contracts)—

(a) in the heading, after “contracts” insert “relating to dwellings in Wales”

(b) in...

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