The Contracting Out of Functions (Tribunal Staff) Order 2001

Statutory Instruments

2001 No. 3539

CONTRACTING OUT

TRIBUNALS AND INQUIRIES

The Contracting Out of Functions (Tribunal Staff) Order 2001

Made

31st October 2001

Coming into force

1st November 2001

The Lord Chancellor, in exercise of the powers conferred upon him by section 69 of the Deregulation and Contracting Out Act 1994(1), makes the following Order, of which a draft has, in accordance with section 77(2) of that Act, been laid before and approved by resolution of each House of Parliament:

Citation and commencement

1.  This Order may be cited as the Contracting Out of Functions (Tribunal Staff) Order 2001 and shall come into force on the day following that on which it is made.

Contracting out of functions

2.—(1) The functions described in paragraph (2) below may be exercised by, or by the employees of, such persons as the Lord Chancellor may authorise to do so.

(2) The functions are those conferred on the Lord Chancellor by the enactments listed in the left-hand column of the Table below, so far as they relate to the provision of officers and other staff for the tribunals listed in the right-hand column of that Table.

Provision	Tribunal
Lands Tribunal Act 1949(2) section 2(7)	Lands Tribunal
Immigration and Asylum Act 1999(3) Schedule 2 paragraph 7	Immigration Appeal Tribunal
Immigration and Asylum Act 1999 Schedule 3 paragraph 7	Adjudicators for the purposes of the Immigration and Asylum Act 1999

3.  Nothing in this Order shall have the effect of authorising any person—

(a) to make judicial decisions or advise any person making such decisions;

(b) to exercise any judicial discretion or advise any person exercising any such discretion; or

(c) to exercise any power of arrest.

Signed by authority of the Lord Chancellor

Rosie Winterton

Parliamentary Secretary

Lord Chancellor’s Department

31st October 2001

Explanatory Note

(This note is not part of the Order)

This Order permits the Lord Chancellor to contract out his function of appointing officers and other staff for the Land Tribunal and for the Immigration Appellate Authority. Neither the contractor nor the officers or staff appointed by them may exercise any judicial function or any power of arrest.

(1)

1994 c. 40.

(2)

12, 13 & 14 Geo. 6 c. 42.

(3)

1999 c. 33.