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The Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

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Statutory Instruments

2007 No. 2951

TRIBUNALS AND INQUIRIES

The Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

Made

9th October 2007

Laid before Parliament

10th October 2007

Coming into force

1st November 2007

The Lord Chancellor makes the following Order in exercise of the powers conferred by paragraph 25(2) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(1).

Citation and commencement

1.  This Order may be cited as the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 and shall come into force on 1st November 2007.

List of tribunals

2.  The following are listed tribunals for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007—

TribunalLegislation
Adjudicator to Her Majesty’s Land RegistrySection 107 of the Land Registration Act 2002 (c.9)
AdjudicatorsSection 25 of the School Standards and Framework Act 1998 (c.31)
AdjudicatorsSection 5 of the Criminal Injuries Compensation Act 1995 (c.53)
AdjudicatorsSection 81 of the Traffic Management Act 2004 (c.18)
Admission Appeal Panels in EnglandSection 94(5) or 95(3) of the School Standards and Framework Act 1998 (c.31)
Agricultural Land TribunalsSection 73 of the Agriculture Act 1947 (c.48)
Aircraft and Shipbuilding Industries Arbitration Tribunal, except for its functions in respect of Northern IrelandSection 42 of the Aircraft and Shipbuilding Industries Act 1977 (c.3)
Antarctic Act Tribunal, except for its functions in respect of Northern IrelandRegulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490)
Appeal TribunalsPart 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters’ Pension Scheme Order 1992 (S.I. 1992/129)
Appeal TribunalsSection 4 of the Social Security Act 1998 (c.14)
Appeal Tribunals appointed for England and WalesRegulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257)
Appeals TribunalsRegulation 10 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483)
Arbitrators (unless appointed by agreement)Section 84 of the Agricultural Holdings Act 1986 (c.5)
Asylum and Immigration TribunalSection 81 of the Nationality, Immigration and Asylum Act 2002 (c.41)
Asylum Support AdjudicatorsSection 102 of the Immigration and Asylum Act 1999 (c.33)
Board of the Pension Protection Fund in respect of functions under or by virtue of section 207 of the Pensions Act 2004 (c.35)Section 107 of the Pensions Act 2004 (c.35)
Bus Lane AdjudicatorsRegulation 11 of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/2757)
Case Tribunals, or Interim Case Tribunals, drawn from the Adjudication Panel for EnglandSection 76 of the Local Government Act 2000 (c.22)
Charity TribunalSection 2A of the Charities Act 1993 (c.10)
Child Support Commissioners and any tribunal of Commissioners under paragraph 5 of Schedule 4 to the Child Support Act 1991 (c.48)Section 22 of the Child Support Act 1991 (c.48)
Civil Aviation Authority in respect of its functions prescribed for the purposes of section 7(2) of the Civil Aviation Act 1982 (c.16), except functions in respect of Northern IrelandSection 2 of the Civil Aviation Act 1982 (c.16)
Claims Management Services TribunalSection 12 of the Compensation Act 2006 (c.29)
Commissioners for the general purposes of the income tax for England and WalesSection 2 of the Taxes Management Act 1970 (c.9)
Commissioners for the special purposes of the Income Tax ActsSection 4 of the Taxes Management Act 1970 (c.9)
Committees for EnglandSection 27 of the Forestry Act 1967 (c.10)
Committees of Primary Care Trusts in EnglandRegulation 3 of the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I. 1992/664)
Competition Appeal Tribunal, except for its functions in respect of Northern IrelandSection 12 of the Enterprise Act 2002 (c.40)
Comptroller in respect of non-executive functions, including any delegation of those functions under section 62(3) of the Patents and Designs Act 1907 (c.29), except functions in respect of Northern IrelandSection 62(2) of the Patents and Designs Act 1907 (c.29)
Consumer Credit Appeals Tribunal, except for its functions in respect of Northern IrelandSection 40A of the Consumer Credit Act 1974 (c.39)
Controller of Plant Variety Rights in respect of non-executive functions, including any delegation of those functions under paragraph 3 of Schedule 1 to the Plant Varieties Act 1997 (c.66), except functions in respect of Northern IrelandSection 2(1) of the Plant Varieties Act 1997 (c.66)
Conveyancing Appeal TribunalsSection 41 of the Courts and Legal Services Act 1990 (c.41)
Copyright Tribunal, except for its functions in respect of Northern IrelandSection 145 of the Copyright, Designs and Patents Act 1988 (c.48)
Employment TribunalsSection 1(1) of the Employment Tribunals Act 1996 (c.17)
Exclusion Appeal Panels in EnglandParagraph 2 of the Schedule to the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (S.I. 2002/3178)
Family Health Services Appeal Authority in respect of its non-executive functionsSection 169 of the National Health Service Act 2006 (c.41)
Financial Services and Markets Tribunal, except for its functions in respect of Northern IrelandSection 132 of the Financial Services and Markets Act 2000 (c 8)
Foreign Compensation Commission in respect of its non-executive functionsSection 1(1) of the Foreign Compensation Act 1950 (c.12)
Gambling Appeals TribunalSection 140 of the Gambling Act 2005 (c. 19)
Gender Recognition Panels, except for their functions in respect of Northern IrelandSection 1(3) to the Gender Recognition Act 2004 (c.7)
Horserace Betting Levy Appeal Tribunals for England and WalesSection 29 of the Betting, Gaming and Lotteries Act 1963 (c.2)
Immigration Services TribunalSection 87 of the Immigration and Asylum Act 1999 (c.33)
Information Commissioner in respect of non-executive functions, except functions in respect of Northern IrelandSection 6(1) of the Data Protection Act 1998 (c.29)
Information Tribunal except in respect of appeals relating to national security and its functions in respect of Northern IrelandSection 6(3) of the Data Protection Act 1998 (c.29)
Insolvency Practitioners TribunalSection 396(1) of the Insolvency Act 1986 (c.45)
Lands TribunalSection 1(1)(b) of the Lands Tribunal Act 1949 (c.42)
Mental Health Review Tribunals for England and WalesSection 65 of the Mental Health Act 1983 (c.20)
National Lottery Commission in respect of its functions under sections 10 and 10A of, and Schedule 3 to, the National Lottery etc. Act 1993 (c.39), including any delegation under paragraph 8 of Schedule 2A to that Act, except for its functions in respect of Northern IrelandSection 3A of the National Lottery etc. Act 1993 (c.39)
Ombudsman for the Board of the Pension Protection Fund in respect of functions under or by virtue of section 213 of the Pensions Act 2004 (c.35)Section 209 of the Pensions Act 2004 (c.35)
Parking Adjudicators in EnglandSection 73 of the Road Traffic Act 1991 (c.40)
Pensions Appeal Tribunals for England and WalesParagraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39) and section 8(2) of the War Pensions (Administrative Provisions) Act 1919 (c.53)
Pensions Ombudsman, and any Deputy Pensions Ombudsman, in respect of functions under section 146(1)(c) and (d) of the Pensions Schemes Act 1993 (c.48)Sections 145(1) and 145A(1) of the Pensions Schemes Act 1993 (c.48)
Pensions Regulator in respect of regulatory functions under section 93(2) of the Pensions Act 2004 (c.35)Section 1 of the Pensions Act 2004 (c.35)
Pensions Regulator Tribunal in respect of functions under sections 103 and 105 of the Pensions Act 2004 (c.35)Section 102 of the Pensions Act 2004 (c.35)
Plant Varieties and Seeds Tribunal, except for its functions in respect of Northern IrelandSection 42(1) of the Plant Varieties Act 1997 (c.66)
Police Appeals TribunalsSection 85 of the Police Act 1996 (c.16)
Primary Care Trusts in England in respect of their functions under the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I. 1992/664)Section 18 of the National Health Service Act 2006 (c.41)
RefereesRegulation 3 of the Industrial Training (Levy Exemption References) Regulations 1974 (S.I. 1974/1335)
Reinstatement CommitteesParagraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c.17)
Rent Assessment Committees in EnglandSection 65 of the Rent Act 1977 (c.42)
Reserve Forces Appeal TribunalsSection 88 of the Reserve Forces Act 1996 (c.14)
Road User Charging AdjudicatorsRegulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313)
Sea Fish Licence Tribunal, except for its functions in respect of Northern IrelandSection 4AA of the Sea Fish (Conservation) Act 1967 (c.84)
Social Security Commissioners and any tribunal presided over by such a CommissionerSchedule 4 to the Social Security Act 1998 (c.14)
Special Educational Needs and Disability TribunalSection 333 of the Education Act 1996 (c.56) or section 28H of the Disability Discrimination Act 1995 (c.50)
The Office of Fair Trading and any member of its staff authorised to exercise its relevant functions, except functions in respect of Northern IrelandFunctions of the Office of Fair Trading under the Consumer Credit Act 1974 (c.39) and the Estate Agents Act 1979 (c.38), not being executive functions
Traffic Commissioners for areas in England and WalesSection 4 of the Public Passenger Vehicle Act 1981 (c.14)
Transport TribunalSchedule 4 to the Transport Act 1985 (c.67)
TribunalSection 704 of the Income Tax Act 2007 (c.3)
TribunalSection 706 of the Income and Corporation Taxes Act 1988 (c.1)
Tribunal, except for its functions in respect of Northern IrelandHealth Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Tribunal, except for its functions in respect of Northern IrelandSchedule 3 to the Industry Act 1975 (c.68)
Tribunal, except for its functions in respect of Northern IrelandSection 9 of the Protection of Children Act 1999 (c.14)
TribunalsRule 6 of the model provisions with respect to appeals as modified by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030)
TribunalsSection 150(3) of the Mines and Quarries Act 1954 (c.70)
Tribunals for England and WalesSection 14 of the Misuse of Drugs Act 1971 (c.38)
Tribunals of AppealSection 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii)
Umpire and any Deputy UmpiresParagraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c.17)
Valuation Tribunals in EnglandRegulations under Schedule 11 to the Local Government Finance Act 1988 (c.41)
VAT and Duties Tribunals for England, Wales and Northern IrelandSchedule 12 to the Value Added Tax Act 1994 (c.23)

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

9th October 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under the Tribunals, Courts and Enforcement Act 2007. That Act establishes the Administrative Justice and Tribunals Council (AJTC) to replace the Council on Tribunals and provides for the AJTC to keep under review, consider and report on matters relating to the listed tribunals. On the coming into force of the 2007 Act the only listed tribunals were the two new tribunals provided for in the 2007 Act, being the First-tier Tribunal and the Upper Tribunal. This Order designates as listed tribunals additional entities which the AJTC will keep under review, consider and report on. Orders will also be made by the Scottish Ministers and the Welsh Ministers in relation to those tribunals for which they are the “authority responsible” (as defined in paragraph 25(3) of Schedule 7 to the 2007 Act).

The power to designate a tribunal as a listed tribunal is restricted where a tribunal exercises functions with respect to a matter which (were it to be legislated upon) would be within the legislative competence of the Northern Ireland Assembly. For this reason the list of tribunals in this Order excludes some tribunals’ functions in respect of Northern Ireland.

An impact assessment has been prepared and was included in the Public Sector Impact Assessment forming subject I in the document “Tribunals, Courts and Enforcement Bill: Regulatory Impact Assessments”. A copy can be found at http://www.dca.gov.uk/risk/tce_bill.pdf.

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