The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009

Decisions of existing tribunals: rights of appeal, reviews and irregularities

11.—(1) This paragraph applies to a decision of an existing tribunal if, immediately before the commencement date—

(a) an appeal lies to a court from that decision,

(b) an application may be or has been made to an existing tribunal seeking a review of that decision, or

(c) the existing tribunal wishes to correct an irregularity.

(2) Except as provided for in sub-paragraph (3), on and after the commencement date such rights of appeal shall lie from the decision as would lie from a decision of the First-tier Tribunal made on or after that date.

(3) Subject to the modifications specified in sub-paragraphs (4) and (5) the following enactments continue to apply for the purposes of a case to be stated, a review, or for correcting an irregularity in respect of any decision of the Commissioners for the general purposes of the income tax made before the commencement date, as if the amendments in this Order had not been made—

(a) sections 56 and 58 of the Taxes Management Act 1970(1),

(b) regulations 17 and 20 to 24 of the General Commissioners (Jurisdiction and Procedure) Regulations 1994(2), and

(c) the General Commissioners of Income Tax (Costs) Regulations 2001(3).

(4) Section 56(6) of the Taxes Management Act 1970(4) is modified so that for “the Commissioners” there is substituted “the tribunal”.

(5) Section 58 of the Taxes Management Act 1970(5) is modified as follows—

(a) omit subsection (2B); and

(b) in subsection (2C) omit “or on an appeal under section 56A of this Act”.

(6) In article 4 of the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 6 and Transitional Provisions) Order 2008(6)—

(a) for “section 56 of the 1970 Act (statement of case for opinion of the High Court)” substitute “sections 56(3) and (11) and 58 of the 1970 Act (statement of case for opinion of the High Court) and regulations 17 and 20 to 24 of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 (review of tribunal’s final determination, stated case procedures and correction of irregularities)”; and

(b) after “commenced” insert “, and the amendments to the 1970 Act and the revocation of the General Commissioners (Jurisdiction and Procedure) Regulations 1994(7), the General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 1999(8), the General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005(9) and the General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2007(10) (as they relate to the General Commissioners) in the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 had not been made”.

(1)

1970 c. 9. Section 56 was amended by section 45(3) of the Finance (No. 2) Act 1975 (c. 45), paragraph 6 of Schedule 22 to the Finance Act 1984 (c. 43), section 156(3) of the Finance Act 1989 (c. 26) and S.I. 1994/1813. Section 58 was amended by sections 134(2) and 135 of, and Part 9 of Schedule 14 to, the Finance Act 1988 (c.39), Part 3(4) of Schedule 20 to the Finance Act 1999 (c. 16), paragraph 3 of Schedule 2 to the Capital Allowances Act 2001 (c. 2), Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 375 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5) and S.I. 1994/1813.

(2)

S.I. 1994/1812. Regulation 20 was amended by S.I. 1999/3293 and 2005/340.

(3)

S.I. 2001/1304.

(4)

Section 56(6) was amended by S.I. 1994/1813.

(5)

Section 58(2B) and (2C) were inserted by S.I. 1994/1813.

(6)

S.I. 2008/2696.

(7)

S.I. 1994/1812.

(8)

S.I. 1999/3292.

(9)

S.I. 2005/340.

(10)

S.I. 20073612.