SCHEDULES

C1SCHEDULE 1 TRIBUNALS UNDER GENERAL SUPERVISION OF COUNCIL

Section 1.

Annotations:
Modifications etc. (not altering text)
C1

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 38

Part I TRIBUNALS UNDER DIRECT SUPERVISION OF COUNCIL

Matters with which tribunal concerned

Tribunal and statutory authority

Agriculture

1. (a) The Agricultural Land Tribunals established under section 73 of the Agriculture Act 1947 (c. 48);

(b) arbitrators appointed (otherwise than by agreement) under Schedule 11 to the Agricultural Holdings Act 1986 (c. 5).

Aircraft and shipbuilding industries

2. The Aircraft and Shipbuilding Industries Arbitration Tribunal established under section 42 of the Aircraft and Shipbuilding Industries Act 1977 (c. 3).

Aviation

3. The Civil Aviation Authority established under section 2 of the Civil Aviation Act 1982 (c. 16).

Banking

4. An appeal tribunal constituted under section 28 of the Banking Act 1987 (c. 22).

Betting levy

5. An appeal tribunal for England and Wales established under section 29 of the Betting, Gaming and Lotteries Act 1963 (c. 2).

Building societies

6. The tribunal constituted in accordance with section 47 of the Building Societies Act 1986 (c. 53).

Child support maintenance

7. (a) The child support appeal tribunals established under section 21 of the Child Support Act 1991 (c. 48);

(b) a Child Support Commissioner appointed under section 22 of that Act and any tribunal presided over by such a Commissioner.

Children’s homes, voluntary homes, nursing homes, mental nursing homes and residential care homes.

8. Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984 (c. 23).

Commons

9. The Commons Commissioners and assessors appointed under section 17(2) and (3) of the Commons Registration Act 1965 (c. 64).

Conveyancing

10. A Conveyancing Appeals Tribunal constituted under section 39 of the Courts and Legal Services Act 1990 (c. 41).

Copyright

11. The Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 (c. 48).

Criminal injuries compensation

12. The Criminal Injuries Compensation Board constituted under Part VII of the Criminal Justice Act 1988 (c. 33).

Dairy produce quotas

13. The Dairy Produce Quota Tribunal for England and Wales constituted under regulation 35(1) of the Dairy Produce Quotas Regulations 1991 (S.I. 1991/2232).

Data protection

14. (a) The Data Protection Registrar appointed under section 3 of the Data Protection Act 1984 (c. 35);

(b) the Data Protection Tribunal constituted under that section.

Education

15. (a) Independent Schools Tribunals constituted under section 72 of, and Schedule 6 to, the Education Act 1944 (c. 31);

(b) appeal committees constituted in accordance with Part I of Schedule 2 to the Education Act 1980 (c. 20);

(c) appeal committees constituted for the purposes of section 58(5)(d) of the Education Reform Act 1988 (c. 40);

(d) a tribunal constituted in accordance with Schedule 3 to the Education (Schools) Act 1992 (c. 38).

Employment

16. The industrial tribunals for England and Wales established under section 128 of the Employment Protection (Consolidation) Act 1978 (c. 44).

Fair trading

17. The Director General of Fair Trading in respect of his functions under the Consumer Credit Act 1974 (c. 39) and the Estate Agents Act 1979 (c. 38), and any member of the Director’s staff authorised to exercise those functions under paragraph 7 of Schedule 1 to the Fair Trading Act 1973 (c. 41).

Financial services

18. The Financial Services Tribunal established by section 96 of the Financial Services Act 1986 (c. 60).

Food

19. Tribunals constituted in accordance with regulations under Part II of the Food Safety Act 1990 (c. 16).

Foreign compensation

20. The Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 (c. 12).

Forestry

21. Committees appointed for the purposes of section 16, 17B, 20, 21 or 25 of the Forestry Act 1967 (c. 10), being committees the members of which are appointed by the Minister having functions under those sections as respects England or Wales.

Immigration appeals

22. (a) The adjudicators established under section 12 of the Immigration Act 1971 (c. 77);

(b) the Immigration Appeal Tribunal established under that section.

Indemnification of justices and clerks

23. Any person appointed under section 53(3) of the Justices of the Peace Act 1979 (c. 55).

Industrial training levy exemption

24. Referees established by the Industrial Training (Levy Exemption References) Regulations 1974 (S.I. 1974/1335).

Industry

25. An arbitration tribunal established under Schedule 3 to the Industry Act 1975 (c. 68).

Insolvency practitioners

26. The Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 (c. 45).

Land

27. The Lands Tribunal constituted under section 1(1)(b) of the Lands Tribunal Act 1949 (c. 42).

Local taxation

28. Valuation tribunals established by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41).

London Building Acts

29. The tribunals of appeal constituted in accordance with section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii).

Mental health

30. The Mental Health Review Tribunals constituted or having effect as if constituted under section 65 of the Mental Health Act 1983 (c. 20).

Mines and quarries

31. Tribunals for the purposes of section 150 of the Mines and Quarries Act 1954 (c. 70).

Misuse of drugs

32. The Misuse of Drugs Tribunal in England and Wales constituted under Part I of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38).

National Health Service

33. (a) Family Health Services Authorities established in pursuance of section 10 of the National Health Service Act 1977 (c. 49);

(b) the tribunal constituted under section 46 of that Act;

(c) service committees of Family Health Services Authorities, being committees constituted in accordance with regulations made under that Act.

Patents, designs, trade marks and service marks

34. The comptroller-general of patents, designs, and trade marks, and any officer authorised to exercise the functions of the comptroller under section 62(3) of the Patents and Designs Act 1907 (c. 29).

Pensions

35. (a) Pensions Appeal Tribunals for England and Wales established under section 8 of the War Pensions (Administrative Provisions) Act 1919 (c. 53);

(b) Pensions Appeal Tribunals constituted under the Pensions Appeal Tribunals Act 1943 (c. 39), being tribunals appointed for England and Wales;

(c) appeal tribunals constituted in accordance with a scheme in force under section 26 of the Fire Services Act 1947 (c. 41);

(d) the Occupational Pensions Board established by section 66 of the Social Security Act 1973 (c. 38);

(e) the Pensions Ombudsman established under Part IVA of the Social Security Pensions Act 1975 (c. 60) in respect of his functions under or by virtue of section 59C(2) of that Act;

(f) tribunals appointed under regulations under section 1 of the Police Pensions Act 1976 (c. 35) to hear such appeals as by virtue of the regulations lie to tribunals so appointed.

Plant varieties

36. (a) The Controller of Plant Variety Rights and any officer authorised to exercise the functions of the Controller under section 11(5) of the Plant Varieties and Seeds Act 1964 (c. 14);

(b) the Plant Varieties and Seeds Tribunal established by section 10 of that Act.

Rents

37. Rent assessment committees constituted in accordance with Schedule 10 to the Rent Act 1977 (c. 42).

Reserve forces

38. (a) The Reinstatement Committees appointed under paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17);

(b) the umpire and any deputy umpire appointed under paragraph 5 of Schedule 2 to that Act.

Revenue

39. (a) The Commissioners for the general purposes of the income tax acting under section 2 of the Taxes Management Act 1970 (c. 9) for any division in England and Wales;

(b) the Commissioners for the special purposes of the Income Tax Acts appointed under section 4 of that Act;

(c) the tribunal constituted for the purposes of Chapter I of Part XVII of the Income and Corporation Taxes Act 1988 (c. 1).

Road traffic

40. (a) The traffic commissioner for any area constituted for the purposes of the Public Passenger Vehicles Act 1981 (c. 14);

(b) a parking adjudicator appointed under section 73(3)(a) of the Road Traffic Act 1991 (c. 40).

Social security

41. (a) Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992 (c. 5);

(b) disability appeal tribunals constituted under section 43 of that Act;

(c) medical appeal tribunals constituted under section 50 of that Act;

(d) a Commissioner appointed under section 52 of that Act and any tribunal presided over by a Commissioner so appointed;

(e) a tribunal constituted under regulations made under section 58 of that Act.

Transport

42. The Transport Tribunal constituted as provided in Schedule 4 to the Transport Act 1985 (c. 67).

Vaccine damage

43. The tribunals constituted under section 4 of the Vaccine Damage Payments Act 1979 (c. 17).

Value added tax

44. Value added tax tribunals for England and Wales and for Northern Ireland, constituted under section 40 of, and Schedule 8 to, the Value Added Tax Act 1983 (c. 55).

Wireless telegraphy

45. The tribunal established under section 9 of the Wireless Telegraphy Act 1949 (c. 54).

Part II TRIBUNALS UNDER SUPERVISION OF SCOTTISH COMMITTEE

Matters with which tribunal concerned

Tribunal and statutory authority

Agriculture

46. Arbiters appointed (otherwise than by agreement) under section 64 of, or Schedule 7 to, the Agricultural Holdings (Scotland) Act 1991 (c. 55).

Betting levy

47. An appeal tribunal for Scotland established under section 29 of the Betting, Gaming and Lotteries Act 1963 (c. 2).

Crofters

48. The Crofters Commission constituted under section 1 of the Crofters (Scotland) Act 1955 (c. 21).

Dairy produce quotas

49. The Dairy Produce Quota Tribunal for Scotland, constituted under regulation 35(1) of the Dairy Produce Quotas Regulations 1991 (S.I. 1991/2232).

Education

50. (a) Independent Schools Tribunals constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 (c. 44);

(b) appeal committees set up under section 28D of that Act;

(c) appeal committees constituted by virtue of section 7 of, and paragraph 2(b) of Part II of Schedule 1 to, the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).

Employment

51. The industrial tribunals for Scotland established under section 128 of the Employment Protection (Consolidation) Act 1978 (c. 44).

Food

52. Tribunals constituted in accordance with regulations under Part II of the Food Safety Act 1990 (c. 16), being tribunals appointed for Scotland.

Forestry

53. Committees appointed for the purposes of section 16, 17B, 20, 21 or 25 of the Forestry Act 1967 (c. 10), being committees the members of which are appointed by the Minister having functions under those sections as respects Scotland.

Land

54. The Lands Tribunal for Scotland constituted under section 1(1)(a) of the Lands Tribunal Act 1949 (c. 42).

Misuse of drugs

55. The Misuse of Drugs Tribunal for Scotland constituted under Part I of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38).

National Health Service

56. (a) Health Boards and joint committees of those Boards constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29);

(b) the tribunal constituted under section 29 of that Act;

(c) service committees of a Health Board or a joint committee of Health Boards, being committees constituted in accordance with regulations made under that Act;

(d) the National Appeal Panel convened in accordance with Part IV of Schedule 3A to the National Health Service (General Medical and Pharmaceutical Services)(Scotland) Regulations 1974 (S.I. 1974/506).

Pensions

57. (a) Pensions Appeal Tribunals for Scotland established under section 8 of the War Pensions (Administrative Provisions) Act 1919 (c. 53);

(b) Pensions Appeal Tribunals constituted under the Pensions Appeal Tribunals Act 1943 (c. 39), being tribunals appointed for Scotland;

(c) tribunals appointed under regulations under section 1 of the Police Pensions Act 1976 (c. 35) to hear appeals relating to constables of a police force within the meaning of the Police (Scotland) Act 1967 (c. 77) and to the categories of officer mentioned in regulation H6(10) of the Police Pensions Regulations 1987 (S.I. 1987/257), or in the corresponding regulation of any regulations amending or having effect in place of those regulations.

Rates

58. Valuation appeal committees constituted in accordance with section 4 of the Local Government (Scotland) Act 1975 (c. 30).

Rents

59. Rent assessment committees constituted in accordance with Schedule 4 to the Rent (Scotland) Act 1984 (c. 58).

Revenue

60. The Commissioners for the general purposes of the income tax acting under section 2 of the Taxes Management Act 1970 (c. 9) for any division in Scotland.

Social work

61. (a) Any children’s hearing constituted and arranged in pursuance of the Social Work (Scotland) Act 1968 (c. 49);

(b) any appeal tribunal established under Schedule 5 to that Act.

Taxi fares

62. The traffic commissioner for the Scottish Traffic Area as constituted for the purpose of the Public Passenger Vehicles Act 1981 (c. 14) in respect of his functions under section 18 of the Civic Government (Scotland) Act 1982 (c. 45).

Value added tax

63. Value added tax tribunals for Scotland constituted under section 40 of, and Schedule 8 to, the Value Added Tax Act 1983 (c. 55).

SCHEDULE 2 TRANSITORY PROVISIONS

Section 17.

Transitory modifications of sections 6 and 7 and Schedule 1

1

If—

a

no date has been appointed before the commencement of this Act as the date on which paragraph 37 of Schedule 15 to the M2Criminal Justice Act 1988 is to come into force, or

b

a date has been appointed which is later than the commencement of this Act,

paragraph 12 of Schedule 1 and the word “12” in section 7(2) shall be omitted until the appointed day.

Annotations:
Marginal Citations
M2

1988 C. 33.

2

If—

a

no date has been appointed before the commencement of this Act as the date on which paragraph 2 of Schedule 18 to the M1Courts and Legal Services Act 1990 is to come into force, or

b

a date has been appointed which is later than the commencement of this Act,

paragraph 10 of Schedule 1 shall be omitted until the appointed day.

3

If—

a

no date has been appointed before the commencement of this Act as the date on which paragraph 1 of Schedule 5 to the M3Child Support Act 1991 is to come into force, or

b

a date has been appointed which is later than the commencement of this Act,

paragraph 7 of Schedule 1 and the word “7” in section 6(3) shall be omitted until the appointed day.

4

In paragraphs 1, 2 and 3 “the appointed day” means

a

in the case mentioned in paragraph 1(a), 2(a) or 3(a), such day as may be appointed by the Secretary of State for the purposes of the paragraph concerned by order made by statutory instrument, and

b

in the case mentioned in paragraph 1(b), 2(b) or 3(b), the day appointed as the day on which the provision mentioned in paragraph 1(a), 2(a) or 3(a) (as the case may be) is to come into force.

Application of section 6 in relation to persons appointed before 1st January 1959

5

1

Any person appointed by the appropriate authority before 1st January 1959 to be chairman of any tribunal to which section 6(1) applies shall as from that day and during the continuance of his appointment be deemed to be, and to have been, a member of a panel constituted by the Lord Chancellor for the purposes of that tribunal and to have been selected by the appropriate authority to be chairman of the tribunal.

2

Any person appointed by the appropriate authority before 1st January 1959 to be a member of a panel from which apart from this Act the chairman of the tribunal would fall to be selected shall from that day and during the continuance of his appointment be deemed to be, and to have been, a member of a panel constituted by the Lord Chancellor for the purposes of that tribunal.

3

Any power to terminate such an appointment as is mentioned in sub-paragraph (1) or (2) shall be exercisable by, and only by, the Lord Chancellor.

4

Subsections (6), (8) and (9) of section 6 shall have effect in relation to this paragraph as they have effect in relation to that section.

SCHEDULE 3 CONSEQUENTIAL AMENDMENTS

Section 18(1).

The Land Compensation Act 1961 (c. 33)

1

In section 21(1) of the Land Compensation Act 1961, for “the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby)” there is substituted “ the Tribunals and Inquiries Act 1992 (or any enactment replaced thereby) ”.

The Plant Varieties and Seeds Act 1964 (c. 14)

2

In section 10(2) of the Plant Varieties and Seeds Act 1964, for “section 13 of the Tribunals and Inquiries Act 1971” there is substituted “ section 11 of the Tribunals and Inquiries Act 1992 ”.

The Town and Country Planning (Scotland) Act 1972 (c. 52)

3

In section 7(6) of the Town and Country Planning (Scotland) Act 1972 for “1971” there is substituted “ 1992 ”.

4

In section 11(1)(b) of that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

5

In section 46(5) of that Act for “1971” there is substituted “ 1992 ”.

6

In paragraph 7(5) of Schedule 6A to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

7

In paragraph 7(1) of Schedule 7 to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

8

In paragraph 13 of Schedule 9 to that Act for “1971” there is substituted “ 1992 ”.

The Health and Safety at Work etc. Act 1974 (c. 37)

9

In section 44(4) of the Health and Safety at Work etc. Act 1974—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

The Friendly Societies Act 1974 (c. 46)

10

In section 76(1) of the Friendly Societies Act 1974, for “section 14 of the Tribunals and Inquiries Act 1971” there is substituted “ section 12 of the Tribunals and Inquiries Act 1992 ”.

The House of Commons Disqualification Act 1975 (c. 24)

11

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry beginning “A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971”, for “section 7 of the Tribunals and Inquiries Act 1971” there is substituted “ section 6 of the Tribunals and Inquiries Act 1992 ”.

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

12

In section 55(6)(b) of the Ancient Monuments and Archaeological Areas Act 1979 for “1971” there is substituted “ 1992 ”.

The Housing Act 1980 (c. 51)

13

In paragraph 2 of Schedule 22 to the Housing Act 1980 for “section 13(1) of the Tribunals and Inquiries Act 1971” there is substituted “ section 11(1) of the Tribunals and Inquiries Act 1992 ”.

The Acquisition of Land Act 1981 (c. 67)

14

In section 23(3)(b) of the Acquisition of Land Act 1981 for “1971” there is substituted “ 1992 ”.

The Road Traffic Regulation Act 1984 (c. 27)

15

In paragraph 18(2) of Schedule 4 to the Road Traffic Regulation Act 1984—

a

for “section 13 of the Tribunals and Inquiries Act 1971” there is substituted “ section 11 of the Tribunals and Inquiries Act 1992 ”, and

b

for “and (3)” there is substituted “ and (4) ”.

The Roads (Scotland) Act 1984 (c. 54)

16

In section 139(3) of the Roads (Scotland) Act 1984, for “1971” there is substituted “ 1992 ”.

The Finance Act 1985 (c. 54)

17

In section 26(2)(a) of the Finance Act 1985 for “section 13 of the Tribunals and Inquiries Act 1971” there is substituted “ section 11 of the Tribunals and Inquiries Act 1992 ”.

The Agricultural Holdings Act 1986 (c. 5)

18

In paragraph 21 of Schedule 11 to the Agricultural Holdings Act 1986 for “Section 12 of the Tribunals and Inquiries Act 1971” there is substituted “ Section 10 of the Tribunals and Inquiries Act 1992 ”.

The Insolvency Act 1986 (c. 45)

19

In paragraph 1(2) of Schedule 7 to the Insolvency Act 1986 for “section 8 of the Tribunals and Inquiries Act 1971” there is substituted “ section 7 of the Tribunals and Inquiries Act 1992 ”.

The Town and Country Planning Act 1990 (c. 8)

22

In section 16(3) of the Town and Country Planning Act 1990—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

23

In sections 20(7) and 35(8) of that Act for “1971” there is substituted “ 1992 ”.

24

In section 42(6) of that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

25

In section 288(9) of that Act for “1971” there is substituted “ 1992 ”.

26

In section 323(1) of that Act for “section 11 of the Tribunals and Inquiries Act 1971” there is substituted “ section 9 of the Tribunals and Inquiries Act 1992 ”.

27

In paragraph 9(1)(b) of Part II of Schedule 2 to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

28

In paragraph 8(1) of Schedule 6 to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

29

In paragraph 8(6) of Schedule 7 to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

30

In paragraph 5(3) of Schedule 8 to that Act for “1971” there is substituted “ 1992 ”.

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

31

In section 63(6) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for “1971” there is substituted “ 1992 ”.

32

In paragraph 7(1) of Schedule 3 to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

The Planning (Hazardous Substances) Act 1990 (c. 10)

33

In section 22(4) of the Planning (Hazardous Substances) Act 1990 for “the Tribunals and Inquiries Act 1971” there is substituted “ the Tribunals and Inquiries Act 1992 ”.

34

In paragraph 7(1) of the Schedule to that Act—

a

for “1971” there is substituted “ 1992 ”, and

b

for “section 12(1)” there is substituted “ section 10(1) ”.

The Social Security Administration Act 1992 (c. 5)

36

In sections 41(4)(c), 43(5)(c) and 50(4)(c) of the Social Security Administration Act 1992 for “section 7 of the Tribunals and Inquiries Act 1971” there is substituted “ section 6 of the Tribunals and Inquiries Act 1992 ”.

37

In paragraphs 9 and 14 of Schedule 7 to that Act for “section 10(1) of the Tribunals and Inquiries Act 1971” there is substituted “ section 8(1) of the Tribunals and Inquiries Act 1992 ”.

SCHEDULE 4 REPEALS

Section 18(2).

Part I ENACTMENTS REPEALED

Chapter

Short title

Extent of repeal

1971 c. 62.

The Tribunals and Inquiries Act 1971.

The whole Act.

1972 c. 11.

The Superannuation Act 1972.

In Schedule 6, paragraph 91.

1972 c. 58.

The National Health Service (Scotland) Act 1972.

In Schedule 6, paragraph 152.

1973 c. 32.

The National Health Service Reorganisation Act 1973.

In Schedule 4, paragraph 134.

1973 c. 38.

The Social Security Act 1973.

Section 66(4) and (9).

1974 c. 39.

The Consumer Credit Act 1974.

Sections 3 and 42.

1975 c. 18.

The Social Security (Consequential Provisions) Act 1975.

In Schedule 2, paragraph 46.

1975 c. 68.

The Industry Act 1975.

In Schedule 3, paragraph 10.

1976 c. 35.

The Police Pensions Act 1976.

In Schedule 2, paragraph 9.

1977 c. 3.

The Aircraft and Shipbuilding Industries Act 1977.

Section 42(10).

1977 c. 49.

The National Health Service Act 1977.

In Schedule 15, paragraph 53.

1978 c. 23.

The Judicature (Northern Ireland) Act 1978.

In Schedule 5, in Part II, the entry relating to the Tribunals and Inquiries Act 1971.

1978 c. 29.

The National Health Service (Scotland) Act 1978.

In Schedule 16, paragraph 35.

1978 c. 44.

The Employment Protection (Consolidation) Act 1978.

In Schedule 16, paragraph 11.

1979 c. 38.

The Estate Agents Act 1979.

Section 24(1).

1980 c. 20.

The Education Act 1980.

Section 7(6).

1980 c. 44.

The Education (Scotland) Act 1980.

Section 28E(7).

1981 c. 54.

The Supreme Court Act 1981.

In Schedule 5, the entry relating to the Tribunals and Inquiries Act 1971.

1982 c. 10.

The Industrial Training Act 1982.

In Schedule 3, paragraph 2.

1982 c. 16.

The Civil Aviation Act 1982.

Section 7(3).

1982 c. 45.

The Civic Government (Scotland) Act 1982.

Section 18(11).

1983 c. 20.

The Mental Health Act 1983.

In Schedule 4, paragraph 29.

1983 c. 41.

The Health and Social Services and Social Security Adjudications Act 1983.

In Schedule 9, in Part I, paragraphs 10, 11 and 15.

1984 c. 23.

The Registered Homes Act 1984.

In Schedule 1, paragraph 5.

1984 c. 31.

The Rating and Valuation (Amendment) (Scotland) Act 1984.

In Schedule 2, paragraph 12.

1984 c. 35.

The Data Protection Act 1984.

In Schedule 2, paragraph 13.

1985 c. 17.

The Reserve Forces (Safeguard of Employment) Act 1985.

In Schedule 4, paragraph 3.

1985 c. 65.

The Insolvency Act 1985.

In Schedule 1, paragraph 5.

1985 c. 67.

The Transport Act 1985.

In Schedule 2, in Part II, paragraph 2.

In Schedule 7, paragraph 15.

1986 c. 5.

The Agricultural Holdings Act 1986.

In Schedule 14, paragraph 49.

1986 c. 39.

The Patents, Designs and Marks Act 1986.

In Schedule 2, in Part I, paragraph 1(2)(d).

1986 c. 45.

The Insolvency Act 1986.

In Schedule 14, the entry relating to the Tribunals and Inquiries Act 1971.

1986 c. 53.

The Building Societies Act 1986.

In section 48(3), the words “after consultation with the Council on Tribunals”.

1986 c. 60.

The Financial Services Act 1986.

In Schedule 6, paragraph 6.

1987 c. 22.

The Banking Act 1987.

In section 30, in subsection (3), the words “after consultation with the Council on Tribunals” and, in subsection (4), the words from “after consultation” onwards.

In Schedule 6, paragraph 4.

1988 c. 33.

The Criminal Justice Act 1988.

In Schedule 15, paragraph 37.

1988 c. 40.

The Education Reform Act 1988.

In Schedule 12, in Part I, paragraph 12.

1988 c. 41.

The Local Government Finance Act 1988.

In Schedule 12, in Part III, paragraph 41.

1988 c. 48.

The Copyright, Designs and Patents Act 1988.

In Schedule 7, paragraph 14.

1989 c. 39.

The Self-Governing Schools etc. (Scotland) Act 1989.

In Schedule 10, paragraph 4.

1989 c. 41.

The Children Act 1989.

In Schedule 13, paragraph 30.

1990 c. 16.

The Food Safety Act 1990.

In Schedule 3, paragraph 14.

1990 c. 27.

The Social Security Act 1990.

Section 12(2).

1990 c. 41.

The Courts and Legal Services Act 1990.

In Schedule 18, paragraph 2.

1991 c. 21.

The Disability Living Allowance and Disability Working Allowance Act 1991.

In Schedule 2, paragraph 2(1).

1991 c. 40.

The Road Traffic Act 1991.

In Schedule 7, paragraph 1.

1991 c. 48.

The Child Support Act 1991.

In Schedule 5, paragraph 1.

1992 c. 6.

The Social Security (Consequential Provisions) Act 1992.

In Schedule 2, paragraphs 8 and 9.

1992 c. 14.

The Local Government Finance Act 1992.

In Schedule 13, paragraph 31.

1992 c. 38.

The Education (Schools) Act 1992.

In Schedule 4, paragraphs 2 and 3.

Part II INSTRUMENTS REVOKED

Number

Title

S.I. 1972/1210.

The Tribunals and Inquiries (Value Added Tax Tribunals) Order 1972.

S.I. 1974/1478.

The Tribunals and Inquiries (Industrial Training Levy Exemption Referees) Order 1974.

S.I. 1974/1964.

The Tribunals and Inquiries (Misuse of Drugs Tribunals) Order 1974.

S.I. 1975/1404.

The Tribunals and Inquiries (Valuation Appeal Committees) Order 1975.

S.I. 1979/659.

The Tribunals and Inquiries (Vaccine Damage Tribunals) Order 1979.

S.I. 1984/1094.

The Tribunals and Inquiries (Dairy Produce Quota Tribunals) Order 1984.

S.I. 1984/1247.

The Tribunals and Inquiries (Foreign Compensation Commission) Order 1984.

S.I. 1991/2699.

The Tribunals and Inquiries (Specified Tribunals) Order 1991.

TABLE OF DERIVATIONS

Notes:

1. The following abbreviations are used in this Table:—

1971

= The Tribunals and Inquiries Act 1971 (c. 62)

1972 c. 11

= The Superannuation Act 1972 (c. 11)

1973 c. 36

= The Northern Ireland Constitution Act 1973 (c. 36)

1973 c. 38

= The Social Security Act 1973 (c. 38)

1974 c. 39

= The Consumer Credit Act 1974 (c. 39)

1976 c. 35

= The Police Pensions Act 1976 (c. 35)

1978 c. 30

= The Interpretation Act 1978 (c. 30)

1978 c. 44

= The Employment Protection (Consolidation) Act 1978 (c. 44)

1979 c. 38

= The Estate Agents Act 1979 (c. 38)

1980 c. 20

= The Education Act 1980 (c. 20)

1981 c. 54

= The Supreme Court Act 1981 (c. 54)

1982 c. 10

= The Industrial Training Act 1982 (c. 10)

1982 c. 16

= The Civil Aviation Act 1982 (c. 16)

1983 c. 41

= The Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

1984 c. 35

= The Data Protection Act 1984 (c. 35)

1985 c. 65

= The Insolvency Act 1985 (c. 65)

1986 c. 53

= The Building Societies Act 1986 (c. 53)

1986 c. 60

= The Financial Services Act 1986 (c. 60)

1987 c. 22

= The Banking Act 1987 (c. 22)

1988 c. 33

= The Criminal Justice Act 1988 (c. 33)

1988 c. 48

= The Copyright, Designs and Patents Act 1988 (c. 48)

1990 c. 16

= The Food Safety Act 1990 (c. 16)

1990 c. 27

= The Social Security Act 1990 (c. 27)

1990 c. 41

= The Courts and Legal Services Act 1990 (c. 41)

1991 c. 21

= The Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21)

1991 c. 40

= The Road Traffic Act 1991 (c. 40)

1991 c. 48

= The Child Support Act 1991 (c. 48)

1992 c. 6

= The Social Security (Consequential Provisions) Act 1992 (c. 6)

S.I. 1972/1210

= The Tribunals and Inquiries (Value Added Tax Tribunals) Order 1972

S.I. 1974/1478

= The Tribunals and Inquiries (Industrial Training Levy Exemption Referees) Order 1974

S.I. 1974/1964

= The Tribunals and Inquiries (Misuse of Drugs Tribunals) Order 1974

S.I. 1979/659

= The Tribunals and Inquiries (Vaccine Damage Tribunals) Order 1979

S.I. 1984/1094

= The Tribunals and Inquiries (Dairy Produce Quota Tribunal) Order 1984

S.I. 1984/1247

= The Tribunals and Inquiries (Foreign Compensation Commission) Order 1984

S.I. 1991/2699

= The Tribunals and Inquiries (Specified Tribunals) Order 1991

2. The Table does not show the effect of the Transfer of Functions (Secretary of State and Lord Advocate) Order 1972 (S.I. 1972/2002), which transferred the functions of the Secretary of State under sections 2, 4, 5, 11, 12, 15, 16 and 19 of the Tribunals and Inquiries Act 1971 to the Lord Advocate. 3. The Bill consolidates the effect of the current orders under s. 15(1), (2), (3) and (4) of 1971. The power to vary or revoke these orders conferred by s. 16(2) is preserved in relation to the provisions of the Bill derived from such orders by clause 13(5).

1(1)

1971 s. 1(1).

(2)

1971 s. 1(2); 1973 c. 36 s. 40(2).

2

1971 s. 2.

3

1971 s. 3.

4

1971 s. 4.

5

1971 s. 5.

6(1), (2)

1971 s. 7(1), (2).

(3)

1971 s. 7(3); Supplementary Benefits Act 1976 (c. 71) Sch. 7 para. 22; Social Security (Miscellaneous Provisions) Act 1977 (c. 5) s. 22(15); 1983 c. 41 Sch. 9 para. 10; 1991 c. 21 Sch. 2 para. 2(1): 1991 c. 48 Sch. 5 para. 1(1); S.I. 1979/659 art. 3.

(4)

Social Security Administration Act 1992 (c. 5) ss: 41. 43. 50.

(5)—(7)

1971 s. 7(4)—(6).

(8)

1971 s. 7(7); Sch. 1 para. 45(a); 1984 c. 58 s. 115(2).

(9)

1971 s. 7(8).

7(1)

1971 s. 8(1).

(2)

1971 s. 8(2); 1979 c. 38 s. 24(1)(a); 1982 c. 16 s. 7(3)(b); 1984 c. 35 Sch. 2 para. 13(a); 1985 c. 65 Sch. 1 para. 5(2); 1986 c. 60 Sch. 6 para. 6(a); 1987 c. 22 Sch. 6 para. 4(1); 1988 c. 33 Sch. 15 para. 37(1); 1990 c. 27 s. 12(2)(b); 1992 c. 6 Sch. 2 para. 8.

(3)

1971 s. 8(3).

8(1)

1971 s. 10(1); S.I. 1984/1247 art. 3.

(2)

1986 c. 53 s. 48(3); 1987 c. 22 s. 30(3).

(3)

1971 s. 10(2); 1987 c. 22 s. 30(4).

(4)

1971 s. 10(3).

9

1971 s. 11.

10(1)—(7)

1971 s. 12.

(8)

1971 s. 16(2)

11(1)

1971 s. 13(1); 1980 c. 20 s. 7(6); 1983 c. 41 Sch. 9 Pt. I para. 11; 1985 c. 65 Sch. 1 para. 5(3); 1986 c. 60 Sch. 6 para. 6(b); Education (Schools) Act 1992 (c. 38) Sch. 4 para 2; S.I. 1972/1210 art. 3; S.I. 1974/1478 art. 3.

(2)

1971 s. 13(1A); 1978 c. 44 Sch. 16 para. 11.

(3)

1971 s. 13(2); 1981 c. 54 Sch. 5.

(4)

1971 s. 13(3).

(5)

1971 s. 13(4).

(6)

1971 s. 13(5A); 1974 c. 39 s. 42(1).

(7)

1971 s. 13(6); 1974 c. 39 s. 42(2); Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31) Sch. 2 para. 12.

(8)

1971 s. 13(7); 1974 c. 39 s. 42(3); Judicature (Northern Ireland) Act 1978 (c. 23) Sch. 5.

(9)

1971 s. 13(8).

(10)

1971 s. 13(9).

12

1971 s. 14.

13(1)—(4)

1971 s. 15(1)—(4)

(5)

1971 s. 15(5). See Note 3 above.

(6)

1971 s. 15(6).

14(1)

1971 s. 19(4); 1974 c. 39 s. 3(b); 1979 c. 38 s. 24(1)(a); 1984 c. 35 Sch. 2 para. 13(b); S.I. 1984/1247 art. 4.

(2)

1973 c. 38 s. 66(4) and (9).

(3)

1982 c. 16 s. 7(3)(c).

15

1971 s. 16(1).

16

1971 s. 19(1)—(3).

17

Introduces Sch. 2.

18(1)

Introduces Sch. 3

(2)

Introduces Sch. 4.

(3)

1971 Sch. 3.

19

Sch. 1 para. 1

1971 Sch. 1 para. 1; Agricultural Holdings Act 1986 (c. 5) Sch. 14 para. 49.

para. 2

1971 Sch. 1 para. 1A; Aircraft and Shipbuilding Industries Act 1977 (c. 3) s. 42(10).

para. 3

1982 c. 16 s. 7(3)(a).

para. 4

1971 Sch. 1 para. 2A; 1987 c. 22 Sch. 6 para. 4(2).

para. 5

1971 Sch. 1 para. 3.

para. 6

S.I. 1991/2699 art. 2(b).

para. 7

1971 Sch. 1 para. 4A; 1991 c. 48 Sch. 5 para. 1(2).

para. 8

1971 Sch. 1 paras. 4, 21A, 28A; 1983 c. 41 Sch. 9 paras. 12, 13. 14; Registered Homes Act 1984 (c. 23) Sch. 1 para. 5(a); Children Act 1989 (c. 41) Sch. 13 para. 30.

para. 9

1971 Sch. 1 para. 5

para. 10

1971 Sch. 1 para. 5AA; 1990 c. 41 Sch. 18 para. 2.

para. 11

1971 Sch. 1 para. 5A; 1988 c. 48 Sch. 7 para. 14.

para. 12

1971 Sch. 1 para. 5B; 1988 c. 33 Sch. 15 para. 37(2).

para. 13

S.I. 1984/1094 art. 2; 1978 c. 30 ss. 17(2)(a), 23.

para. 14

1971 Sch. 1 para. 5B; 1984 c. 35 Sch. 2 para. 13(c); 1988 c. 33 Sch. 15 para. 37(2).

para. 15

1971 Sch. 1 para. 6; 1980 c. 20 s. 7(6); Education Reform Act 1988 (c. 40) Sch. 12 Part I para. 12; Education (Schools) Act 1992 (c. 38) Sch. 4 para. 3.

para. 16

1971 Sch. 1 para. 10; 1982 c. 10 Sch. 3 para. 2.

para. 17

1971 Sch. 1 para. 6A; 1979 c. 38 s. 24(1)(b).

para. 18

1971 Sch. 1 para. 6B; 1986 c. 60 Sch. 6 para. 6(c).

para. 19

1971 Sch. 1 para. 6C; 1990 c. 16 Sch. 3 para. 14(1).

para. 20

S.I. 1984/1247 art. 2.

para. 21

1971 Sch. 1 para. 7; S.I. 1991/2699 art. 2(a).

para. 22

1971 Sch. 1 para. 8; 1978 c. 30 s. 17(2)(a).

para. 23

1971 Sch. 1 para. 9; 1978 c. 30 s. 17(2)(a).

para. 24

S.I. 1974/1478 art. 2.

para. 25

1971 Sch. 1 para. 9A; Industry Act 1975 (c. 68) Sch. 3 para. 10.

para. 26

1971 Sch. 1 para. 10A; 1985 c. 65 Sch. 1 para. 5(4); Insolvency Act 1986 (c. 45) Sch. 14.

para. 27

1971 Sch. 1 para. 12.

para. 28

1971 Sch. 1 para. 12A; Local Government Finance Act 1988 (c. 41) Sch. 12 Pt.III para. 41; Local Government Finance Act 1992 (c. 14) Sch. 13 para. 31.

para. 29

1971 Sch. 1 para. 13.

para. 30

1971 Sch. 1 para. 14; Mental Health Act 1983 (c. 20) Sch. 4 para. 29.

para. 31

1971 Sch. 1 para. 16.

para. 32

S.I. 1974/1964 art. 3.

para. 33

1971 Sch. 1 para. 17; National Health Service Reorganisation Act 1973 (c. 32) Sch. 4 para. 134; National Health Service Act 1977 (c. 49) Sch. 15 para. 53; National Health Service and Community Care Act 1990 (c. 19) s. 2(1)(b).

para. 34

1971 Sch. 1 para. 22; Patents, Designs and Marks Act 1986 (c. 39) Sch. 2 Part I para. 1(2)(d).

para. 35(a), (b)

1971 Sch. 1 para. 23(a), (b).

(c)

1971 Sch. 1 para. 23(d)

(d)

1973 c. 38 s. 66(4), (9).

(e)

1971 Sch. 1 para. 23(e); Social Security Act 1990 (c. 27) s. 12(2)(a).

(f)

1971 Sch. 1 para. 23(c); 1972 c. 11 Sch. 6 para. 91(a); 1976 c. 35 Sch. 2 para. 9.

para. 36

1971 Sch. 1 para. 25; European Communities Act 1972 (c. 68) Sch. 4 para. 5(6).

para. 37

1971 Sch. 1 para. 28(b).

para. 38

1971 Sch. 1 para. 19(e), (f); Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) Sch. 4 para. 3.

para. 39

1971 Sch. 1 para. 29(a), (b), (d); 1978 c. 30 s. 17(2)(a).

para. 40

1971 Sch. 1 para. 30; Transport Act 1985 (c. 67) Sch. 2 Part II para. 2(2); 1991 c. 40 Sch. 7 para. 1.

para. 41

1971 Sch. 1 para. 30A; Social Security (Consequential Provisions) Act 1975 (c. 16) Sch. 2 para. 46; 1992 c. 6 Sch. 2 para. 9.

para. 42

1971 Sch. 1 para. 31; Transport Act 1985 (c. 67) Sch. 7 para. 15.

para. 43

S.I. 1979/659 art. 2.

para. 44

S.I. 1972/1210 art. 2(a).

para. 45

1971 Sch. 1 para. 32.

para. 46

1971 Sch. 1 para. 33; 1978 c. 30 s. 17(2)(a).

para. 47

1971 Sch. 1 para. 34.

para. 48

1971 Sch. 1 para. 35.

para. 49

S.I. 1984/1094 art. 2; 1978 c. 30 s. 17(2)(a), 23(2).

para. 50

1971 Sch. 1 para. 36; 1978 c. 30 s. 17(2)(a); Education (Scotland) Act 1980 (c. 44) s. 28E(7); Education (Scotland) Act 1981 (c. 58) s. 1(1); Self-Governing Schools etc. (Scotland) Act 1989 (c. 39) Sch. 10 para. 4.

para. 51

1971 Sch. 1 para. 38; 1982 c. 10 Sch. 3 para. 2.

para. 52

1971 Sch. 1 para. 36A; 1990 c. 16 Sch. 3 para. 14(2).

para. 53

1971 Sch. 1 para. 37; S.I. 1991/2699 art. 3(a).

para. 54

1971 Sch. 1 para. 39.

para. 55

S.I. 1974/1964 art. 3.

para. 56

1971 Sch. 1 para. 41; National Health Service (Scotland) Act 1972 (c. 58) Sch. 6 para. 152; National Health Service (Scotland) Act 1978 (c. 29) Sch. 16 para. 35; S.I. 1991/2699 art. 3(b).

para. 57

1971 Sch. 1 para. 43; 1972 c. 11 Sch. 6 para. 91(b); 1976 c. 35 Sch. 2 para. 9.

para. 58

Tribunals and Inquiries (Valuation Appeal Committees) Order 1975 (S.I. 1975/1404) art. 3.

para. 59

1971 Sch. 1 para. 45; Rent (Scotland) Act 1984 (c. 58) Sch. 8 Part I para. 1.

para. 60

1971 Sch. 1 para. 46.

para. 61

1971 Sch. 1 para. 47.

para. 62

1971 Sch. 1 para. 48; Civic Government (Scotland) Act 1982 (c. 45) s. 18(11); Transport Act 1985 (c. 67) Sch. 2 part II para. 2(3).

para. 63

S.I. 1972/1210 art. 2(b).

Sch. 2 paras. 1-4

1988 c. 33 s. 171(1); 1990 c. 41 s. 124(3); 1991 c. 48 s. 58(2).

para. 5

1971 Sch. 2 para. 1.

Sch. 3

Sch. 4