UNITED KINGDOM STATUTORY INSTRUMENT
2008 No. 2833
Tribunals And Inquiries
The Transfer of Tribunal Functions Order 2008
Made 29th October 2008
Coming into force 3rd November 2008
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. 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.
S-1
Citation, commencement, interpretation and extentCitation, 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)
(a) paragraphs 145 to 147;
(b)
(b) paragraph 150;
(c)
(c) paragraph 151(d);
(d)
(d) paragraph 152;
(e)
(e) paragraph 154;
(f)
(f) paragraphs 167 to 173; and
(g)
(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.
S-2
Additions to the list of tribunals in Schedule 6Additions 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)
(a) the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998of 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(“the 2003 Act”); and
(b)
(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).
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Abolition of tribunals transferred under section 30(1)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)
(a) the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983; and
(b)
(b) the Special Educational Needs Tribunal for Wales established under section 336ZA of the Education Act 1996.
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Appeal to Upper Tribunal from tribunals in ScotlandAppeal 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(assessment decision) lies to the Upper Tribunal.
S-8
Appeal to Upper Tribunal from tribunals in Northern IrelandAppeal 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.
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Minor, consequential and transitional provisionsMinor, 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.
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
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...
