The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

JurisdictionUK Non-devolved

2008 No. 2683

Tribunals And Inquiries

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Made 9th October 2008

Laid before Parliament 15th October 2008

Coming into force 3rd November 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 31(9) and 145 of, and paragraph 30 of Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071.

Citation, commencement and extent

Citation, commencement and extent

S-1 This Order may be cited as the Tribunals, Courts and...

1. This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 and comes into force on 3rd November 2008.

S-2 Except as provided by articles 3 and 4, an amendment or...

2. Except as provided by articles 3 and 4, an amendment or revocation of any enactment by any provision of Schedules 1 and 2 extends to any part of the United Kingdom to which the enactment extends.

S-3 For the purposes of article 4 the following amendments and...

3.—(1) For the purposes of article 4 the following amendments and revocations made by Schedules 1 and 2 do not extend to Scotland—

(2) In Schedule 1—

(a)

(a) paragraph 96(a), (c), (d) and (e) (i), (iii), (iv) and (vi) to (ix);

(b)

(b) paragraph 124 in so far as it relates to regulations 35, 36(1), (2)(a), (5) and (8), 37 and 38;

(c)

(c) paragraph 126 in so far as it relates to regulations 39, 40, 42, 43, 46, 47, 49, 51 and 53 to 58;

(d)

(d) paragraphs 128, 133(a) and 134; and

(e)

(e) paragraph 136 in so far as it relates to regulations 16 to 28 and 30 to 33.

(3) In Schedule 2 the entries relating to—

(a)

(a) the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 19992in so far as the entry relates to regulation 2(b);

(b)

(b) the Social Security and Child Support (Decisions and Appeals), Vaccine Damage Payments and Jobseeker’s Allowance Amendment Regulations 19993in so far as the entry relates to regulation 10;

(c)

(c) the Social Security and Child Support (Miscellaneous Amendments) Regulations 20004in so far as the entry relates to regulations 24(a) to (c), (e) and (h), 25, 29 and 31;

(d)

(d) the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 20025in so far as the entry relates to regulations 13 to 18 and 20;

(e)

(e) the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 20036;

(f)

(f) the Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 20047in so far as the entry relates to regulation 2(4) to (7);

(g)

(g) the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 20058in so far as the entry relates to regulation 2(9) to (14), (18) and (20);

(h)

(h) the Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 20059in so far as the entry relates to regulation 2; and

(i)

(i) the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 200810.

S-4 The purposes referred to in article 3(1) are— the determination...

4. The purposes referred to in article 3(1) are—

(a) the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 199811of an appeal which is referred to such a 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 200312; and

(b) the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of that Act against a decision falling within sub-paragraph (a).

Transitional provision
S-5 Transitional provision

Transitional provision

5. Where an appeal lies to the High Court under regulation 12 of the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 199913(appeals to the High Court) from any decision made by the appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998, and that appeal has not been commenced before 3rd November 2008, section 11 of the Tribunals Courts and Enforcement Act 2007 shall apply as if the decision were a decision made on or after the 3rd November 2008 by the First-tier Tribunal.

Consequential Amendments and Revocations
S-6 Consequential Amendments and Revocations

Consequential Amendments and Revocations

6.—(1) Schedule 1 contains consequential amendments.

(2) Schedule 2 contains revocations. The instruments listed in column (1) of the table in Schedule 2 (which have the references listed in column (2)) are revoked to the extent indicated in column (3).

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

9th October 2008

SCHEDULE 1

Article 6(1)

Consequential amendments

SCH-1.1

1. War Pensions (Mercantile Marine) Scheme 1964

Schedule 7 to the War Pensions (Mercantile Marine) Scheme 196414is amended as follows—

(a) in paragraph 4—

(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;

(ii) for “the decision of a Pensions Appeal” substitute “the decision of the”; and

(iii) in paragraph (b) after “Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”; and

(b) in paragraph 8—

(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;

(ii) for “the decision of a Pensions Appeal”, in both places, substitute “the decision of the”; and

(iii) after “application to the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”.

SCH-1.2

2. Rent Assessment Committees (England and Wales) Regulations 1971

In regulation 3(1) of the Rent Assessment Committees (England and Wales) Regulations 197115(hearings) omit “; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing”.

SCH-1.3

3. Plant Varieties and Seeds Tribunal Rules 1974

In rule 10 of the Plant Varieties and Seeds Tribunal Rules 197416(tribunal to sit in public) omit paragraph (2).

SCH-1.4

4. Industrial Training (Levy Exemption References) Regulations 1974

In paragraph 6(1) of the Schedule to the Industrial Training (Levy Exemption References) Regulations 197417(the hearing) omit “, but a member of the Council on Tribunals or of the Scottish Committee of the Council shall be entitled to attend the hearing of any reference in private in his capacity as such member”.

SCH-1.5

5. Health and Safety Inquiries (Procedure) Regulations 1975

In regulation 8 of the Health and Safety Inquiries (Procedure) Regulations 197518(procedure at inquiry) omit paragraph (3)(b)(i) (and the following “and” and “(ii)”).

SCH-1.6

6. Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

In Schedule 3 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197519(excepted proceedings) for paragraph 5 substitute—

SCH-1.5

5. Proceedings under the Mental Health Act 1983 before any tribunal.”.

SCH-1.7

7. Social Security Benefit (Dependency) Regulations 1977

In regulation 1(2) of the Social Benefit (Dependency) Regulations 197720(citation, commencement and interpretation) in the definition of “determining authority” for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

SCH-1.8

8. Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

In regulation 1(2) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 197921(citation, commencement and interpretation) in the definition of “the determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

SCH-1.9

9. The Pensions Appeals Tribunals (Posthumous Appeals) Order 198022is amended as follows.

SCH-1.10

10. In article 1(2) (interpretation)—

(a) in the definition of “Commissioner” for sub-paragraphs (a) and (b) substitute “the Social Security Administration (Northern Ireland) Act 199223”; and

(b) in the definition of “the President of the Pensions Appeal Tribunals”—

(i) omit “by the Lord Chancellor”; and

(ii) at the end insert “for Scotland or Northern Ireland”.

SCH-1.11

11. In article 3 (posthumous notification of, and appeals to Pensions Appeals Tribunals against, decisions of the Secretary of State)—

(a) in the heading for “Pensions Appeals Tribunals” substitute “the appropriate tribunal”;

(b) in paragraph (1) for “Pensions Appeal Tribunals” substitute “the appropriate tribunal; and

(c) after paragraph (5) insert—

SCH-1.6

“6 For appeals to the First-tier Tribunal, Tribunal Procedure Rules apply in respect of the time limits and extension to those time limits by the Secretary of State.”.

SCH-1.12

12. In article 4 (initiation of posthumous appeals to a Commissioner)—

(a) in the heading after “Commissioner” insert “or the Upper Tribunal”;

(b) in paragraph (1)—

(i) for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;

(ii) after “to a Commissioner” insert “or the Upper Tribunal”; and

(iii) after “Act” insert “or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 200724, as the case may be”;

(c) in paragraph (2)—

(i) for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;

(ii) after “to a Commissioner” insert “or the Upper Tribunal”; and

(iii) after “6A” insert “of the Act, or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007, as the case may be”; and

(d) in paragraph (3)(b) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

SCH-1.13

13. In article 5 (continuation of appeals after death of claimant) for “or...

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