Summary
6.The policy intention underlying Part 1 of the Act is to create a new, simplified statutory framework for tribunals, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions and new appeal rights.
7.The Act provides a new unified structure by creating two new tribunals, the First-tier Tribunal and the Upper Tribunal. It gives the Lord Chancellor power to transfer the jurisdiction of existing tribunals to the two new tribunals. Further, the Lord Chancellor is empowered to transfer to himself certain statutory powers and duties in relation to the administration of tribunals. The Act places the Lord Chancellor under a general duty to provide administrative support to the new tribunals, and also to the employment tribunals, Employment Appeal Tribunal and Asylum and Immigration Tribunal (AIT).
8.The Act also creates a new judicial office, the Senior President of Tribunals, to oversee tribunal judiciary. The Senior President will be the judicial leader of the tribunals system. The Senior President of Tribunals holds a distinct statutory office and in carrying out the functions of that office is not subject to the direction of any other judicial office holder. The Act provides for the membership of the tribunals, rights of appeal from the tribunals and the making of new Tribunal Procedure Rules. The Act also gives the Upper Tribunal the power to exercise a judicial review jurisdiction in certain circumstances. Further, the Act also replaces the Council on Tribunals with the Administrative Justice and Tribunals Council, which will have a broader remit over the whole of the administrative justice system.
