(This note is not part of the Order)
This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act created a two-tier tribunal structure; the First-tier Tribunal and the Upper Tribunal (the “new tribunals”) are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable existing tribunals to be transferred into the new structure. This Order gives effect to the transfers as described below and comes into force on 1st July 2013.
Article 2 transfers the functions of rent assessment committees in England (but not Wales) to the First-tier Tribunal and the Upper Tribunal. The Order provides that the decision as to which of the tribunals should exercise the functions will be determined by Tribunal Procedure Rules.
Article 3 transfers the functions of Agricultural Land Tribunals in England (but not Wales) to the First-tier Tribunal.
Article 4 transfers the functions of the Adjudicator to Her Majesty’s Land Registry to the First-tier Tribunal and abolishes that tribunal.
As the transfer in from rent assessment committees and agricultural land tribunals relates only to England, rent assessment committees and the Agricultural Land Tribunal will continue in Wales.
Article 5 provides for members of the old tribunals from which functions are being transferred by articles 3 to 5 to hold the offices of transferred-in judge or transferred-in other member of the First-tier Tribunal. One of the transferring-in judges is also to hold the office of deputy judge of the Upper Tribunal.
Paragraph 13 of Schedule 1 inserts a new section 65A of the Rent Act 1977. This creates an onward appeal right on a point of law to the Upper Tribunal from decisions of rent assessment committees in Wales. The onward appeal right to the High Court from those committees is repealed.
Paragraph 196 of Schedule 1 amends section 6 of the Agriculture (Miscellaneous Provisions) Act 1954. This creates an onward appeal right on a point of law to the Upper Tribunal from decisions of the Agricultural Land Tribunal in Wales. The onward appeal right to the High Court from that Tribunal is repealed.
Article 6(1) and (2) bring Schedules 1 and 2 into effect.
Schedule 1 makes amendments to primary legislation resulting from the transfer of tribunal functions and members provided for in the Order. To a great extent the amendments redirect the existing appeal rights by the replacement of references to the old tribunals with references to the tribunals to which the functions are being transferred. The Order also deletes provisions applicable to the abolished tribunals where provision is made on such matters in the Tribunals, Courts and Enforcement Act 2007 or in Tribunal Procedure Rules made under that Act.
As regards rent assessment committees and agricultural land tribunals, amendments are made to the primary legislation that confers jurisdiction on them to ensure that the legislation refers to the new tribunals so far as proceedings relating to England are concerned, but to the old tribunals so far as proceedings relating to Wales are concerned. The Order establishes a process by which a member of the First-tier Tribunal may, if requested, sit as a judge or other member of the Agricultural Land Tribunal or a rent assessment committee in Wales.
Where the right of further appeal from a transferring-in tribunal is currently not limited to appeals on a point of law, the Order amends the legislation to retain the wider element of right of appeal which is not provided for by the 2007 Act. These amendments relate to rent assessment committees when sitting as residential property tribunals, leasehold valuation tribunals and to the Adjudicator to Her Majesty’s Land Registry.
Schedule 2 contains amendment to delegated legislation. To a great extent they are either revoking in relation to England rules and regulations on procedures and fees which are provided for under the 2007 Act. They also amend various sets of prescribed forms which will continue to be used in certain proceedings.
Article 6(3) brings Schedule 3 into effect. Schedule 3 makes transitional and saving provisions for the treatment of cases which would previously have been dealt with by the tribunals from which the functions are transferred by articles 3 to 5, or onward appeals from those tribunals, following the coming into force of this Order.
The Schedule provides for proceedings which have been started in tribunals from which the functions are transferred to be transferred to the new tribunals; new proceedings will be started in the new tribunals. In transferred cases the following provisions apply:
a hearing which has already been commenced but not completed will need to be completed in the new tribunal but comprised of the same members;
decisions, directions, orders etc made prior to this Order coming into force will continue in force as if they were decisions, directions or orders etc of the new tribunals;
Tribunal Procedure Rules under the 2007 Act will apply to all cases, but the new tribunals will be able to disapply Tribunal Procedure Rules and apply the procedure rules which applied to the transferred in tribunals or make other directions to ensure that proceedings are dealt with fairly;
time limits which begin to run before this Order comes into force continue to apply after the Order comes into force.
Onward appeals against the decisions of tribunals from which the functions are transferred by articles 3 to 5 are dealt with as follows:
as regards decisions of old tribunals given before 1st July 2013, where the appeal right to the High Court has not been exercised before that date, the appeal will be to the Upper Tribunal as if the decision had been made by the First-tier Tribunal. The Order does not transitionally affect cases where the appeal right has been exercised, i.e. where the appeal is pending in the High Court on the date the Order comes into force;
as regards decisions of rent assessment committees for an area in Wales and decisions of the Agricultural Land Tribunal in Wales given before 1st July 2013 (which currently attract a right of appeal to the High Court), where the time for appealing has not expired and the right of appeal has not yet been exercised, the appeal will be to the Upper Tribunal.