The Transfer of Tribunal Functions Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/2833

2008No. 2833

TRIBUNALS AND INQUIRIES

The Transfer of Tribunal Functions Order 2008

29thOctober2008

3rdNovember2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 30(1) and (4), 31(1), (2) and (9), 32(3) and (5), 33(2) and (3), 34(2) and (3), 37(1), 38 and 145 of, and paragraph 30 of Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007 1. The Scottish Ministers have consented to the making of this order in so far as their consent is required by section 30(7) 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.

Citation, commencement, interpretation and extent

1.-

(1) This Order may be cited as the Transfer of Tribunal Functions Order 2008 and comes into force on 3rd November 2008.

(2) A reference in this Order to a Schedule by a number alone is a reference to the Schedule so numbered in this Order.

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

(4) Except as provided by paragraph (5) or (6), an amendment, repeal or revocation of any enactment by any provision of Schedule 3 extends to the part or parts of the United Kingdom to which the enactment extends.

(5) For the purposes of article 3(3)(a) and (b) the following amendments, repeals and revocations made by the provisions of that Schedule do not extend to Scotland-

(a) paragraphs 145 to 147;(b) paragraph 150;(c) paragraph 151(d);(d) paragraph 152;(e) paragraph 154;(f) paragraphs 167 to 173; and(g) paragraph 228(h), (l), (n) and (r).

(6) The amendments and repeals made by paragraphs 198 to 201 of Schedule 3 do not extend to Scotland.

Additions to the list of tribunals in Schedule 6

2.In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entries at the appropriate places-

"Claims Management Services Tribunal

Section 12 of the Compensation Act 2006 (c.29)"

"Gender Recognition Panel

Section 1(3) of the Gender Recognition Act 2004 (c.7)"

"Tribunal

Section 704 of the Income Tax Act 2007 (c.3)"

Transfer of functions of certain tribunals

3.-

(1) Subject to paragraph (3), the functions of the tribunals listed in Table 1 of Schedule 1 are transferred to the First-tier Tribunal.

(2) Subject to paragraph (3), the functions of the tribunals listed in Table 2 of Schedule 1 are transferred to the Upper Tribunal.

(3) The following functions are not transferred-

(a) the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 2 of an appeal which is referred to such tribunal by the Scottish Ministers, or the Secretary of State on their behalf, pursuant to section 158 (appeal tribunals) of the Health and Social Care (Community Health and Standards) Act 2003 3 ("the 2003 Act"); and(b) the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of the 2003 Act against a decision falling within sub-paragraph (a).

Abolition of tribunals transferred under section 30(1)

4.The tribunals listed in Table 1 and Table 2 of Schedule 1 are abolished except for-

(a) appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 in respect of Scotland for the purposes of the function described in article 3(3)(a); and(b) the Social Security Commissioners in respect of Scotland for the purposes of the function described in article 3(3)(b).

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

5.-

(1) A person holding an office listed in a table in Schedule 2 who was, was a member of, or was an authorised decision-maker for, a tribunal listed in the corresponding table in Schedule 1 immediately before the functions of that tribunal were transferred under article 3 shall hold the corresponding office or offices.

(2) In paragraph (1) "corresponding" means appearing in the corresponding entry in the table below.

Table in Schedule 1

Table in Schedule 2

Office or offices

Table 1

Table 1

Transferred-in judge of the First-tier Tribunal

Table 1

Table 2

Transferred-in other member of the First-tier Tribunal

Table 1

Table 3

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

Table 2

Table 4

Transferred-in judge of the Upper Tribunal

Table 1 or 2

Table 5

Transferred-in other member of the Upper Tribunal

Appeal to Upper Tribunal from tribunals in Wales

6.-

(1) An appeal against a decision of a tribunal listed in paragraph (2) lies to the Upper Tribunal.

(2) The tribunals referred to in paragraph (1) are-

(a) the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 4; and(b) the Special Educational Needs Tribunal for Wales established under section 336ZA of the Education Act 1996 5.

Appeal to Upper Tribunal from tribunals in Scotland

7.An appeal against a decision of the Pensions Appeal Tribunal in Scotland under section 5 of the Pensions Appeal Tribunals Act 1943 6 (assessment decision) lies to the Upper Tribunal.

Appeal to Upper Tribunal from tribunals in Northern Ireland

8.An appeal against a decision of the Pensions Appeal Tribunal in Northern Ireland under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) lies to the Upper Tribunal.

Minor, consequential and transitional provisions

9.-

(1) Schedule 3 contains minor, consequential and supplemental amendments, and repeals and revocations as a consequence of those amendments.

(2) Schedule 4 contains transitional provisions.

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State Ministry of Justice

29th October 2008

SCHEDULE 1

Articles 3, 4 and 5

Functions transferred to the First-tier Tribunal and Upper Tribunal

Table 1: Functions transferred to the First-tier Tribunal

Tribunal

Enactment

Adjudicator

Section 5 of the Criminal Injuries Compensation Act 1995 (c.53)

Appeal tribunal

Chapter 1 of Part 1 of the Social Security Act 1998 (c.14)

Asylum Support Adjudicators

Section 102 of the Immigration and Asylum Act 1999 (c.33)

Mental Health Review Tribunal for a region of England

Section 65(1) and (1A)(a) of the Mental Health Act 1983 (c.20)

Pensions Appeal Tribunal in England and Wales

Section 8(2) of the War Pensions (Administrative Provisions) Act 1919 (c.53) and paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)

Special Educational Needs and Disability Tribunal

Section 28H of the Disability Discrimination Act 1995 (c.50) and section 333 of the Education Act 1996 (c.56) and

Tribunal, except in respect of its functions under section 4 of the Safeguarding Vulnerable Groups Act 2006 (c.47)

Section 9 of the Protection of Children Act 1999 (c.14)

Table 2: Functions transferred to the Upper Tribunal

Tribunal

Enactment

Child Support Commissioner

Section 22 of the Child Support Act 1991 (c.48)

Social Security Commissioner

Schedule 4 to the Social Security Act 1998 (c.14)

Tribunal, in respect of its functions under section 4 of the Safeguarding Vulnerable Groups Act 2006 (c.47)

Section 9 of the Protection of Children Act 1999 (c.14)

SCHEDULE 2

Article 5

Persons transferred as judges and members of the First-tier Tribunal and Upper Tribunal

Table 1: Members becoming transferred-in judges of the First-tier Tribunal

Tribunal Member

Enactment

A legal member of the Criminal Injuries Compensation Appeals Panel

Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes

A legally qualified panel member

Section 6 of the Social Security Act 1998 (c.14)

The Deputy Chief Asylum Support Adjudicator or an adjudicator

Section 102 of and paragraph 1(a) and (c) of Schedule 10 to the Immigration and Asylum Act 1999 (c.33)

A legal member

Paragraph 1(a) of Schedule 2 to the Mental Health Act 1983 (c.20)

The Deputy President of Pensions Appeal Tribunals or a legally qualified member

Paragraphs 2A(1)(a) and 2B(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)

A member of the chairmen's panel

Section 333(2)(b) of the Education Act 1996 (c.56)

A member of the chairmen's panel

Paragraph 1(1)(a) of the Schedule to the Protection of Children Act 1999 (c.14)

Table 2: Members becoming transferred-in other members of the First-tier Tribunal

Tribunal Member

Enactment

A member of the Criminal Injuries Compensation Appeals Panel other than the Chairman or a legal member

Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes

A financially qualified panel member, a medically qualified panel member or a panel member with a disability qualification

Section 6 of the Social Security Act 1998 (c.14)

A medical member or other member

Paragraph 1(b) or (c) of Schedule 2 to the Mental Health Act 1983 (c.20)

A medically qualified member, a member with knowledge or experience of service, or other member

Paragraph 2A(1)(b), (c) or (d) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)

A member of the lay panel

Section 333(2)(c) of the Education Act 1996 (c.56)

A member of the lay panel, other than a member in Table 5

Paragraph 1(1)(c) of the Schedule to the Protection of Children Act 1999 (c.14)

Table 3: Members becoming transferred-in judges of the First-tier Tribunal and deputy judges of the Upper Tribunal

Tribunal Member

Enactment

The Chairman

Section 5(3)(b) of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes

The President

Section 5 of the Social Security Act 1998 (c.14)

The Chief Asylum Support Adjudicator

Section 102 of and paragraph 1(b) of Schedule 10 to the Immigration and Asylum Act 1999 (c.33)

A chairman of a Mental Health Review Tribunal

Paragraph 3 of Schedule 2 to the Mental Health Act 1983 (c.20)

A President of Pensions Appeal...

To continue reading

Request your trial