Tribunals, Courts and Enforcement Act 2007

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

Part 1: Tribunals and Inquiries

Commentary on Sections: Part 1

Section 36: Transfer of powers to make procedural rules for certain tribunals

189. Section 36 enables the Lord Chancellor by order to transfer power to make procedural rules for certain tribunals to himself or to the Tribunal Procedure Committee.

190. Most of the powers that may be transferred under this section are currently exercisable by the Secretary of State. This power will allow the Lord Chancellor to:

• standardise the process for making rules for those tribunals whose functions are not scheduled to transfer into the new tribunal structure; or

• cater for the possibility that tribunal rules need to be made before the Tribunal Procedure Committee is operational; or

• transfer the responsibility for making rules for particular tribunals to the Tribunal Procedure Committee before their functions are transferred to the First-tier Tribunal or Upper Tribunal.

191. The Act as enacted does not confer power to transfer the Secretary of State’s power to make procedural rules for the employment tribunals.