The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2018

Statutory Instruments

2018 No. 509

Tribunals And Inquiries

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2018

Made

20th April 2018

Laid before Parliament

23rd April 2018

Coming into force in accordance with article 1

The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the powers conferred by sections 7(1) and (9) and 145(1) of the Tribunals, Courts and Enforcement Act 2007(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2018 and comes into force on the 21st day after the day on which it is laid.

(2) In this Order—

(a) “the 2008 Rules” means the Tribunal Procedure (Upper Tribunal) Rules 2008(2).

(b) “the 2010 Order” means the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010(3).

Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010

2.—(1) The 2010 Order is amended as follows.

(2) In article 12 (Functions of the Lands Chamber) in paragraph (a)(ii)(aa) omit the words “other than appeals allocated to the Tax and Chancery Chamber by article 13(h)”.

(3) In article 13 (Functions of the Tax and Chancery Chamber) in paragraph (1) omit sub-paragraph (h).

Saving provision

3.  Article 13(1)(h) of the 2010 Order continues to apply in respect of any case where—

(a) an application for permission to appeal under rule 21(3)(b) of the 2008 Rules, or

(b) a notice of appeal under rule 23(2) of the 2008 Rules,

is received by the Upper Tribunal before the date on which this Order comes into force.

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

18th April 2018

Ernest Ryder

Senior President of Tribunals

I concur

20th April 2018

EXPLANATORY NOTE

(This note is not part of the Order)

The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655) (“the 2010 Order”) organises the First-tier and Upper Tribunal into chambers and makes provision for the allocation of those tribunals’ functions between the chambers.

This Order amends the 2010 Order so as to provide that appeals from decisions of the Property Chamber of the First-tier Tribunal relating to a reference by the Chief Land Registrar or any other application, matter or appeal under the Land Registration Act 2002 (c. 9) are determined by the Lands Chamber of the Upper Tribunal rather than by the Tax and Chancery Chamber of the Upper Tribunal.

Article 3 of the Order provides that the previous allocation provisions shall continue to have effect in any case where an application for permission to appeal or a notice of appeal has been received by the Upper Tribunal before this instrument comes into force.

No impact assessment has been carried out for these amendments as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2007 c. 15. There are amendments to this Act but none are relevant to this instrument.

(2)

S.I. 2008/2698. Rule 21 was amended by S.I. 2009/1975, 2010/44, 2014/514 and 2014/2128; rule 23 was amended by S.I. 2009/1975, 2010/44, 2012/1363, 2015/1510 and 2017/723. There are other amendments to the 2008 Rules but none are relevant to this instrument.

(3)

S.I. 2010/2655, as amended by S.I. 2012/1673, 2013/1187, 2013/2068, 2014/1901, 2015/1563, 2017/722 and 2017/1169, and by paragraph 190 of Schedule 8(4) to the Crime and Courts Act 2013. Article 12(a)(ii)(aa) was inserted by article 6(a) of S.I. 2013/1187, and article 13(1)(h) was inserted by article 7 of S.I. 2013/1187.