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

Explanatory Note

(This note is not part of the Order)

This Order is made under paragraph 25(2) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the Act”). It amends the list of “listed tribunals” provided for in paragraph 25(1) of that Schedule.

Section 44 of the Act provides for the establishment of the Administrative Justice and Tribunals Council to replace the Council on Tribunals.

Schedule 7 makes provision for membership and committees of the Administrative Justice and Tribunals Council. It also makes provision in relation to the functions of the Administrative Justice and Tribunals Council, such as keeping under review, considering and reporting on matters relating to the “listed tribunals”, and being consulted on rules for them.

On the coming into force of the Act the only “listed tribunals” were the two new tribunals provided for in paragraph 25(1) of Schedule 7, being the First-tier Tribunal and the Upper Tribunal.

This Order adds to the “listed tribunals” all those entities in relation to which the Welsh Ministers are the “appropriate authority” for the purposes of paragraph 25(2) of Schedule 7 and in relation to which the Council on Tribunals keeps under review, considers and reports on matters, in order to ensure that the Administrative Justice and Tribunals Council properly replaces the Council on Tribunals.

Broadly speaking, paragraph 27 of Schedule 7 provides that the Welsh Ministers are the responsible authority for a tribunal if the tribunal’s functions are exercisable in relation to Wales and the Welsh Ministers have the sole power to either appoint its members (or, in the case of a tribunal that exercises functions in relation to Wales and elsewhere, to appoint the members who exercise such functions in relation to Wales) or to make procedural rules for the tribunal or to do both of those things.