This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). The 2007 Act establishes the Administrative Justice and Tribunals Council (“the AJTC”), which has both a Scottish and a Welsh Committee, to replace the Council on Tribunals and its Scottish Committee. It provides for the AJTC to keep under review, consider and report on matters relating to “listed tribunals”.

The Act itself provides for only two “listed tribunals”: the First tier Tribunal and the Upper Tribunal. This Order adds further tribunals, in relation to which the Scottish Ministers are the responsible authority, to the “listed tribunals”. Although the remit of the Scottish Committee of the AJTC is not restricted to matters relating to those “listed tribunals” that are listed by Scottish Ministers, that Committee will keep under review, consider and report on matters relating to the tribunals that are listed in this Order.