Tribunals, Courts and Enforcement Act 2007

Meaning of “listed tribunal”

25 (1) The following are listed tribunals for the purposes of this Schedule—

(a) the First-tier Tribunal, and

(b) the Upper Tribunal.

(2) In addition, an authority may by order provide for a tribunal to be a listed tribunal for the purposes of this Schedule if, or to the extent that, the tribunal is one for which the authority is responsible.

(3) For the purposes of sub-paragraph (2)—

(a) each of the following is an authority—

(i) the Lord Chancellor,

(ii) the Scottish Ministers, and

(iii) the Welsh Ministers, and

(b) the Lord Chancellor is the authority responsible for a tribunal unless, or except to the extent that, paragraph 26 or 27 provides for the Scottish Ministers or the Welsh Ministers to be the authority responsible for the tribunal.

(4) An order under sub-paragraph (2) may include—

(a) provision for a tribunal to be a listed tribunal only for the purposes of provisions of this Schedule specified in the order;

(b) provision for a tribunal to be a listed tribunal for the purposes of this Schedule, or for the purposes of provisions of this Schedule specified in the order, only in so far as it exercises functions so specified.

(5) The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule so far as it exercises functions with respect to relevant Northern Ireland matters; and for this purpose a matter is a “relevant Northern Ireland matter” if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly.

(6) The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule if the tribunal is established otherwise than by or under a statutory provision.

(7) Sub-paragraph (4) is not to be taken to prejudice the generality of section 49(3).