Citation and commencement
1. This Order may be cited as the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018 and comes into force on the day after the day on which it is made.
Interpretation
2. After article 1 of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008(1) insert—
“Interpretation
1A. In this Order—
“practice direction” means a direction made under section 23 of the Tribunals, Courts and Enforcement Act 2007 as to the practice and procedure of the First-tier Tribunal or the Upper Tribunal that contains criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter.”
Substitution of article 2
3. For article 2 of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 (number of members of the First-tier Tribunal) substitute—
“2.—(1) The number of members of the tribunal who are to decide any matter that falls to be decided by the First-tier Tribunal must be determined by the Senior President of Tribunals in a practice direction in accordance with paragraphs (2) and (3) below.
(2) The Senior President of Tribunals must determine whether the tribunal consists of one, two or three members.
(3) The Senior President of Tribunals must have regard to—
(a)the nature of the matter that falls to be decided and the means by which it is to be decided; and
(b)the need for members of tribunals to have particular expertise, skills or knowledge.”
Amendment of article 3
4. In article 3(2) of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 (number of members of the Upper Tribunal) insert “in a practice direction” after “so determines”.
Saving provision
5. Any arrangement for the determination of the number of members of the tribunal who are to decide any matter that falls to be decided by the First-tier Tribunal or Upper Tribunal which was made under paragraph 2(1) or 3(1) of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 by the Senior President of Tribunals before the coming into force of this Order continues to apply to the extent it is not superseded by a practice direction made under this Order.
Lucy Frazer
Parliamentary Under-Secretary of State
Ministry of Justice
17th May 2018