SCHEDULES

Section 48(1)

SCHEDULE 8E+W+S+N.I.Tribunals and Inquiries: consequential and other amendments

Taxes Management Act 1970 (c. 9)E+W+S+N.I.

1(1)The following offices are abolished—E+W+S+N.I.

  • General Commissioner;

  • clerk to the General Commissioners for a division;

  • assistant clerk to the General Commissioners for a division.

(2)In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect.

(3)In this paragraph—

  • division” has the meaning given by section 2(1) and (6) of that Act;

  • General Commissioner” means a Commissioner for the general purposes of the income tax.

Chronically Sick and Disabled Persons Act 1970 (c. 44)E+W+S+N.I.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health and Safety at Work etc. Act 1974 (c. 37)E+W+S+N.I.

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

4In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Annotations:

Commencement Information

I1Sch. 8 para. 4 wholly in force at 3.11.2008; Sch. 8 para. 4 not in force at Royal Assent see s. 148(5); Sch. 8 para. 4 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), {(6)(b)(i)} and Sch. 8 para. 4 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

5In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Annotations:

Commencement Information

I2Sch. 8 para. 5 wholly in force at 3.11.2008; Sch. 8 para. 5 not in force at Royal Assent see s. 148(5); Sch. 8 para. 5 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(i) and Sch. 8 para. 5 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)E+W+S+N.I.

6(1)The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows.E+W+S+N.I.

(2)In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word “or” at the end of paragraph (b) insert—

(ba)before the First-tier Tribunal or the Upper Tribunal,.

(3)In section 1(4) (meaning of “rules of court”), before the word “and” at the end of paragraph (b) insert—

(ba)in relation to the First-tier Tribunal or the Upper Tribunal, means Tribunal Procedure Rules,.

Race Relations Act 1976 (c. 74)E+W+S+N.I.

7F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I3Sch. 8 para. 7 wholly in force at 1.6.2008; Sch. 8 para. 7 not in force at Royal Assent see s. 148(5); Sch. 8 para. 7 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Estate Agents Act 1979 (c. 38)E+W+S+N.I.

8Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.).

Town and Country Planning Act 1990 (c. 8)E+W+S+N.I.

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Courts and Legal Services Act 1990 (c. 41)E+W+S+N.I.

14The Courts and Legal Services Act 1990 is amended as follows.

15In section 119(1) (interpretation), in the definition of “court”, for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute—

(a)a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council);.

16In Schedule 11 (full-time judges etc barred from legal practice), at the end insert— Judge or other member of the First-tier Tribunal—

(a)appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or

(b)who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act)

Judge or other member of the Upper Tribunal—

(a)appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or

(b)who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act)

Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal .

Social Security Administration Act 1992 (c. 5)E+W+S+N.I.

F517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I4Sch. 8 para. 18 wholly in force at 1.6.2008; Sch. 8 para. 18 not in force at Royal Assent see s. 148(5); Sch. 8 para. 18 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(iii), 6(b)(ii)

F519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transport and Works Act 1992 (c. 42)E+W+S+N.I.

20The Transport and Works Act 1992 is amended as follows.

21In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for “1971” substitute “ 1992 ”.

22(1)Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows.E+W+S+N.I.

(2)In subsection (9)—

(a)for “1971” substitute “ 1992 ”, and

(b)for “section 12(1)” substitute “ section 10(1) ”.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals and Inquiries Act 1992 (c. 53)E+W+S+N.I.

23The Tribunals and Inquiries Act 1992 is amended as follows.

24Omit section 5 (recommendations of Council as to appointment of members of tribunals).

Annotations:

Commencement Information

I5Sch. 8 para. 24 in force at 19.8.2013 by S.I. 2013/2043, art. 2(a)

25In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect.

Annotations:

Commencement Information

I6Sch. 8 para. 25 partly in force; Sch. 8 para. 25 not in force at Royal Assent see s. 148(5); Sch. 8 para. 25 in force for certain purposes at 3.11.2008 by S.I. 2008/2696, art. 5(c)(ii)

26F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

27Omit section 8 (procedural rules for tribunals).

Annotations:

Commencement Information

I7Sch. 8 para. 27 partly in force; Sch. 8 para. 27 not in force at Royal Assent see s. 148(5); Sch. 8 para. 27 in force for certain purposes by S.I. 2008/1653, art. 2(a) (with arts. 3, 4)

I8Sch. 8 para. 27 in force at 19.8.2013 in so far as not already in force by S.I. 2013/2043, art. 2(b)

F828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30In section 16(1) (interpretation)—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after the definition of “Council” insert—

enactment” includes an Act of the Scottish Parliament,

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I9Sch. 8 para. 30 wholly in force at 1.6.2008; Sch. 8 para. 30 not in force at Royal Assent see s. 148; Sch. 8 para. 30(a)-(c) in force at 1.11.2007 and Sch. 8 para. 30(d) in force at 1.6.2008 by S.I. 2007/2709, art. 3(b)(i)

Judicial Pensions and Retirement Act 1993 (c. 8)E+W+S+N.I.

31(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.E+W+S+N.I.

(2)In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows.

(3)In paragraph (f), for the words from “(persons” to the end substitute “ (holders of relevant office); ”.

(4)After paragraph (g) insert—

(ga)hold office as a deputy judge of the Upper Tribunal if—

(i)section 94B of the Constitutional Reform Act 2005 applied to the appointment, and

(ii)his corresponding qualifying office was listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007;.

(5)In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for purposes of the pensions provisions), at the end of the part dealing with the members of tribunals insert— “Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

(6)In Schedule 5 (retirement provisions: the relevant offices), at the end insert— “ Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007Senior President of TribunalsDeputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Actj011sDeputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007Clauses.rtf_j012aChamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Pension Schemes Act 1993 (c. 48)E+W+S+N.I.

F1232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)E+W+S+N.I.

33(1)Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows.E+W+S+N.I.

(2)For paragraph (b) substitute—

(b)any tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council), or.

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I11Sch. 8 para. 33 wholly in force at 3.11.2008; Sch. 8 para. 33 not in force at Royal Assent see s. 148; Sch. 8 para. 33(1)(2) in force at 1.11.2007 by S.I. 2007/2709, art. 3(b)(i); Sch. 8 para. 33(3) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Prospective

Employment Tribunals Act 1996 (c. 17)E+W+S+N.I.

35The Employment Tribunals Act 1996 is amended as follows.

36Before section 4 insert—

3AMeaning of “Employment Judge”

A person who is a member of a panel of chairmen of employment tribunals which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.

37In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after “the person mentioned in subsection (1)(a) alone” insert “ or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal ”.

38In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “ and the Lord Chancellor, acting jointly, ”.

39In section 5(1) (pay), for paragraph (c) substitute—

(c)any person who is an Employment Judge on a full-time basis, and.

40After section 5 insert—

5ATraining etc.

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of chairmen).

5BMembers of employment tribunals: removal from office

(1)Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(2)Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)Any power by which a member of a panel may be removed from membership of the panel—

(a)may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b)may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(4)In subsection (3) “panel” means—

(a)a panel of chairmen of employment tribunals, or

(b)any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(6)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

5COaths

(1)Subsection (2) applies to a person (“the appointee”)—

(a)who is appointed—

(i)as President of the Employment Tribunals (England and Wales),

(ii)as President of the Employment Tribunals (Scotland), or

(iii)as a member of a panel (as defined in section 5B(4)), and

(b)who has not previously taken the required oaths after accepting another office.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(5)In this section “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

5DJudicial assistance

(1)Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

(2)The provision has effect only if—

(a)the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

(b)its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

(c)its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

(d)its operation as respects a particular relevant judge requires—

(i)the consent of the relevant judge, and

(ii)the appropriate consent (see subsection (3)), and

(e)it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of chairmen of employment tribunals.

(3)In subsection (2)(d)(ii) “the appropriate consent” means—

(a)the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

(i)an ordinary judge of the Court of Appeal in England and Wales,

(ii)a puisne judge of the High Court in England and Wales,

(iii)a circuit judge,

(iv)a district judge in England and Wales, or

(v)a District Judge (Magistrates' Courts);

(b)the consent of the Lord President of the Court of Session where the relevant judge is—

(i)a judge of the Court of Session, or

(ii)a sheriff;

(c)the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

(i)a Lord Justice of Appeal in Northern Ireland,

(ii)a puisne judge of the High Court in Northern Ireland,

(iii)a county court judge in Northern Ireland, or

(iv)a district judge in Northern Ireland.

(4)In this section—

(a)relevant tribunal judge” means—

(i)a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii)a transferred-in judge of the First-tier Tribunal,

(iii)a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv)a transferred-in judge of the Upper Tribunal,

(v)a deputy judge of the Upper Tribunal, or

(vi)a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

(b)relevant judge” means a person who—

(i)is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(ii)is a Lord Justice of Appeal in Northern Ireland,

(iii)is a judge of the Court of Session,

(iv)is a puisne judge of the High Court in England and Wales or Northern Ireland,

(v)is a circuit judge,

(vi)is a sheriff in Scotland,

(vii)is a county court judge in Northern Ireland,

(viii)is a district judge in England and Wales or Northern Ireland, or

(ix)is a District Judge (Magistrates' Courts).

(5)References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.

41(1)Section 7A (practice directions) is amended as follows.E+W+S+N.I.

(2)Before subsection (1) insert—

(A1)The Senior President of Tribunals may make directions about the procedure of employment tribunals.

(3)In subsection (1)—

(a)in paragraph (a), before “President” insert “ territorial ”, and

(b)in paragraphs (b) and (c), for “such directions” substitute “ directions under subsection (A1) or paragraph (a) ”.

(4)In subsection (2), for “by the President” substitute “ under subsection (A1) or (1)(a) ”.

(5)After subsection (2) insert—

(2A)The power under subsection (A1) includes—

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes (including different provision for different areas).

(2B)Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C)Directions under subsection (1)(a) may not be made without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(2D)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of an employment tribunal.

(2E)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.

(6)In subsection (3), after “references to the” insert “ territorial ”.

42After section 7A insert—

7BMediation

(1)Employment tribunal procedure regulations may include provision enabling practice directions to provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2)The provision that may be included in employment tribunal procedure regulations by virtue of subsection (1) includes provision for enabling practice directions to provide for a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3)Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4)Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5)Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult the Advisory, Conciliation and Arbitration Service.

(6)In this section—

  • member” means a member of a panel of members of employment tribunals (whether or not a panel of chairmen);

  • practice direction” means a direction under section 7A;

  • proceedings” means proceedings before an employment tribunal.

43In section 15(1) (enforcement in England and Wales as an order of a county court), for the words from “shall, if a county court so orders,” to the end substitute “ shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court. ”

44After section 24 insert—

24ATraining etc. of members of Appeal Tribunal

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges, and other members, of the Appeal Tribunal (in their capacities as members of the Appeal Tribunal).

24BOaths

(1)Subsection (2) applies to a person (“the appointee”)—

(a)who is appointed under section 22(1)(c) or 23(3), or

(b)who is appointed under section 24(1A) and—

(i)falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and

(ii)has not previously taken the required oaths after accepting another office.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(5)In this section “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

45In section 27(1)(a) (payment of appointed members of Employment Appeal Tribunal), after “members,” insert “ and ”.

F1446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F14Sch. 8 para. 46 omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 12(5), 103(2) (with s. 24(2))

47After section 29 insert—

29APractice directions

(1)Directions about the procedure of the Appeal Tribunal may be given—

(a)by the Senior President of Tribunals, or

(b)by the President of the Appeal Tribunal.

(2)A power under subsection (1) includes—

(a)power to vary or revoke directions given in exercise of the power, and

(b)power to make different provision for different purposes.

(3)Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor.

(4)Directions under subsection (1)(b) may not be given without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(5)Subsection (1) does not prejudice any power apart from that subsection to give directions about the procedure of the Appeal Tribunal.

(6)Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(7)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of the Appeal Tribunal.

(8)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

(9)Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only.

(10)Subsection (6) does not apply to directions under section 28(1).

48In section 30(3) (Employment Appeal Tribunal to regulate its own procedure, subject to procedure rules), after the words “Appeal Tribunal procedure rules” insert “ and directions under section 28(1) or 29A(1) ”.

Town and Country Planning (Scotland) Act 1997 (c. 8)E+W+S+N.I.

F1549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1551. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Authority Act 1999 (c. 29)E+W+S+N.I.

F1552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

F1553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I12Sch. 8 para. 53 wholly in force at 1.6.2008; Sch. 8 para. 53 not in force at Royal Assent see s. 148(5); Sch. 8 para. 53 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Prospective

Nationality, Immigration and Asylum Act 2002 (c. 41)E+W+S+N.I.

54F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Courts Act 2003 (c. 39)E+W+S+N.I.

55(1)Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (registrable orders etc.), after paragraph (e) insert—

(f)a decision or award of—

(i)the First-tier Tribunal,

(ii)the Upper Tribunal,

(iii)an employment tribunal, or

(iv)the Employment Appeal Tribunal,

in pursuance of which any sum is payable.

(3)In subsection (3) (regulations)—

(a)in each of paragraphs (a) and (b) (exemption), after “orders” insert “ , decisions, awards ”, and

(b)in paragraph (d) (power to provide for certain sums only to be registered), after “magistrates' court” insert “ or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f) ”.

Title Conditions (Scotland) Act 2003 (asp 9)E+W+S+N.I.

F1756. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1758. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning and Compulsory Purchase Act 2004 (c. 5)E+W+S+N.I.

59In section 8 of the Planning and Compulsory Purchase Act 2004 (regional spatial strategy: examination in public), for subsection (7) substitute—

(7)An examination in public—

(a)is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council), but

(b)is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992.

Gender Recognition Act 2004 (c. 7)E+W+S+N.I.

F1860. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Contingencies Act 2004 (c. 36)E+W+S+N.I.

F1961. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitutional Reform Act 2005 (c. 4)E+W+S+N.I.

62The Constitutional Reform Act 2005 is amended as follows.

63In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—

(da)Senior President of Tribunals;.

64In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—

(a)omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and

(b)omit the entry for paragraph 7(4) of Schedule 5 to that Act.

F2065. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F20Sch. 8 para. 65 omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 28; S.I. 2013/2200, art. 2(c)

Commencement Information

I14Sch. 8 para. 65 wholly in force at 3.11.2008; Sch. 8 para. 65 not in force at Royal Assent see s. 148; Sch. 8 para. 65(1)(2) in force and Sch. 8 para. 65(3) in force for certain purposes at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i)(ii) and Sch. 8 para. 65(3) in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iv)

66(1)Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.E+W+S+N.I.

(2)In Part 1 (appointments by Her Majesty), at the end insert—

Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

(3)In Part 3 (appointments by Lord Chancellor to offices to which paragraph 2(2)(d) of Schedule 12 applies), at the end insert—

Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that ActSection 7(7) of the Tribunals, Courts and Enforcement Act 2007
Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007