The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013
In accordance with section 8 of the Act, the Secretary of State considers that this Order—
serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1); and
does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.
The consent of the Scottish Parliament, the consent of the National Assembly for Wales and the consent of the Welsh Ministers have been obtained in accordance with sections 9(1), (6) and (7) of the Act.
The Secretary of State has consulted in accordance with section 10 of the Act.
A draft of this Order, and an explanatory document containing the information required by section 11(2) of the Act, have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
Citation, commencement and extent1.
(1)
This Order may be cited as the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013.
(2)
Subject to paragraph (3), this Order comes into force on the day after the date on which it is made.
(3)
Paragraph 41(a) of the Schedule comes into force on the day after that on which the other provisions of this Order come into force.
(4)
Amendments, repeals and revocations in this Order have the same extent as the provisions amended, repealed or revoked.
Abolition of the Administrative Justice and Tribunals Council2.
(1)
The Administrative Justice and Tribunals Council is abolished.
(2)
The Schedule (which makes consequential provision etc) has effect.
SCHEDULEConsequential provision etc
Chronically Sick and Disabled Persons Act 1970
1.
Health and Safety at Work etc Act 1974
2.
House of Commons Disqualification Act 1975
3.
4.
In Part 2 of Schedule 1 (bodies of which all members are disqualified), omit the entries for—
(a)
the Administrative Justice and Tribunals Council;
(b)
the Scottish Committee of the Administrative Justice and Tribunals Council; and
(c)
the Welsh Committee of the Administrative Justice and Tribunals Council.
Town and Country Planning Act 1990
5.
(a)
paragraph 8(1A) of Schedule 6 (determination of certain appeals by person appointed by Secretary of State);
(b)
paragraph 8(7) of Schedule 7 (simplified planning zones); and
(c)
paragraph 5(3A) of Part 1 of Schedule 8 (constitution and procedure on references).
Social Security Administration Act 1992
6.
7.
In Part 2 of Schedule 4 (construction of references to government departments etc), in paragraph 3 omit—
(a)
paragraph (b) and the preceding “or”;
(b)
the words after paragraph (b).
8.
In Schedule 7 (regulations not requiring prior submission), omit paragraphs 9 and 14.
Transport and Works Act 1992
9.
Tribunals and Inquiries Act 1992
10.
11.
In section 9 (procedure in connection with statutory inquiries)—
(a)
in subsection (1), omit “, after consultation with the Council,”;
(b)
omit subsection (3A); and
(c)
omit subsection (4)(b) and the preceding “and”.
12.
In section 10 (reasons to be given for decisions of tribunals and Ministers)—
(a)
in subsection (7), omit “, after consultation with the Council,”;
(b)
in subsection (8), omit “made after consultation with the Council”.
13.
In section 16 (interpretation), omit the entries for—
(a)
“Council”;
(b)
“Scottish Committee”; and
(c)
“Welsh Committee”.
14.
In Schedule 1 (tribunals under general supervision of Council)—
(a)
in the heading to Schedule 1, for “Tribunals Under General Supervision of Council” substitute “Tribunals to which this Act Applies”;
(b)
in the heading to Part 1, for “Tribunals Under Direct Supervision of the Council” substitute “Tribunals – General”; and
(c)
in the heading to Part 2, for “Tribunals Under Supervision of Scottish Committee” substitute “Scottish Tribunals”.
Pension Schemes Act 1993
15.
Law of Property (Miscellaneous Provisions) Act 1994
16.
(a)
in paragraph (b)—
(i)
for “is” substitute “was”; and
(ii)
after “(functions etc of Administrative Justice and Tribunals Council)” insert “immediately before the coming into force of the repeal of that Schedule”;
(b)
for the words “within” to “2007” substitute “of any tribunal referred to in sub-paragraph (b)”.
Town and Country Planning (Scotland) Act 1997
17.
(a)
paragraph 5(4A) of Schedule 6 (planning inquiry commissions); and
(b)
paragraph 8(4A) of Schedule 7 (joint planning inquiry commissions).
School Standards and Framework Act 1998
18.
Greater London Authority Act 1999
19.
Welfare Reform and Pensions Act 1999
20.
Freedom of Information Act 2000
21.
22.
In Part 6 of Schedule 1 (other public bodies and offices: general), omit the entries for—
(a)
the Administrative Justice and Tribunals Council;
(b)
the Scottish Committee of the Administrative Justice and Tribunals Council; and
(c)
the Welsh Committee of the Administrative Justice and Tribunals Council.
Education Act 2002
23.
Title Conditions (Scotland) Act 2003
24.
25.
In section 104 (taking effect of orders of Lands Tribunal etc), in subsection (1), omit “, after consultation with the Scottish Committee of the Administrative Justice and Tribunals Council,”.
26.
In section 126 (fees chargeable by Lands Tribunal in relation to functions under this Act), omit “, after consultation with the Scottish Committee of the Administrative Justice and Tribunals Council,”.
Gender Recognition Act 2004
27.
28.
In Schedule 1 (gender recognition panels)—
(a)
in paragraph 6(5), omit “, after consulting the Administrative Justice and Tribunals Council, ”;
(b)
for the heading which immediately precedes paragraph 9, substitute “Tribunals and Inquiries Act 1992”;
(c)
in paragraph 9, for “tribunals under supervision of Council on Tribunals” substitute “tribunals to which that Act applies”.
Civil Contingencies Act 2004
29.
Serious Organised Crime and Police Act 2005
30.
Tribunals, Courts and Enforcement Act 2007
31.
32.
In section 42 (fees)—
(a)
omit subsection (5)(b) and the preceding “and”;
(b)
omit subsection (10).
33.
Omit section 44 (the Administrative Justice and Tribunals Council).
34.
Omit section 45 (abolition of the Council on Tribunals).
35.
In Part 2 of Schedule 5 (Tribunal Procedure Committee), in paragraph 21—
(a)
omit sub-paragraph (1)(b) and the preceding “and”;
(b)
omit sub-paragraph (3).
36.
Omit Schedule 7 (Administrative Justice and Tribunals Council).
37.
In Schedule 8 (tribunals and inquiries: consequential and other amendments)—
(a)
in paragraph 30, omit sub-paragraphs (a), (c) and (d); and
(b)
omit paragraphs 2, 3, 9 to 12, 17 to 19, 22(3), 28, 32, 33(3), 49 to 53, 56 to 58, 60 and 61.
Legal Services Act 2007
38.
39.
In section 207 (interpretation) in the definition of “court”, in paragraph (a)—
(a)
for “is” substitute “was”; and
(b)
at the end, insert “immediately before the coming into force of the repeal of that Schedule”.
Planning Act 2008
40.
(a)
in section 95 (hearings: disruption, supervision and costs), omit subsection (3); and
(b)
in section 97(1) (procedure rules), omit “, after consultation with the Administrative Justice and Tribunals Council,”.
Public Bodies Act 2011
41.
(a)
Schedule 1 (power to abolish: bodies and offices);
(b)
Schedule 3 (power to modify constitutional arrangements: bodies and offices);
(c)
Schedule 4 (power to modify funding arrangements: bodies and offices); and
(d)
Schedule 5 (power to modify or transfer functions: bodies and offices).
Children’s Hearings (Scotland) Act 2011
42.
The National Health Service (Service Committees and Tribunal) Regulations 1992
43.
44.
In regulation 10 (procedure on appeal), in paragraph (10), omit “Subject to the provisions of regulation 33 (attendance by representative of Administrative Justice and Tribunals Council),”.
45.
Omit regulation 33 (attendance by member of Administrative Justice and Tribunals Council).
46.
In Schedule 4 (procedure for investigation by discipline committees), in paragraph 5(1), omit “Subject to the provisions of regulation 33 (attendance by representative of Administrative Justice and Tribunals Council),”.
The Deregulation (Model Appeal Provisions) Order 1996
47.
(a)
paragraph 6(9) (appointment of tribunal); and
(b)
paragraph 37 (supervision by the Administrative Justice and Tribunals Council).
The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999
48.
49.
In the Schedule, omit the entry “Administrative Justice and Tribunals Council” in column 1, and the corresponding entry in column 2.
The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999
50.
51.
In Schedule 1 (cross-border public authorities), omit the entries for—
(a)
the Administrative Justice and Tribunals Council; and
(b)
the Scottish Committee of the Administrative Justice and Tribunals Council.
The Seeds (National Lists of Varieties) Regulations 2001
52.
The Parole Board (Scotland) Rules 2001
53.
(a)
at the end of sub-paragraph (f), insert “or”; and
(b)
omit sub-paragraph (h) and the preceding “or”.
The Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003
54.
The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003
55.
(a)
in paragraph (1), in the definition of “a request for entry”, omit sub-paragraph (c) and the preceding “and”;
(b)
in paragraph (4), omit “and any member of the Administrative Justice and Tribunals Council”; and
(c)
omit paragraph (6).
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
56.
The National Health Service (Tribunal) (Scotland) Regulations 2004
57.
The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
58.
The Pension Protection Fund (PPF Ombudsman) Order 2005
59.
The Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005
60.
The Financial Assistance Scheme (Appeals) Regulations 2005
61.
(a)
regulation 21 (attendance at proceedings by member of Administrative Justice and Tribunals Council); and
(b)
regulation 28(3)(l) (restriction on use of documents and information provided for investigations).
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005
62.
The Railways and Other Guided Transport Systems (Safety) Regulations 2006
63.
The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006
64.
The National Health Service (Discipline Committees) (Scotland) Regulations 2006
65.
The Administrative Justice and Tribunals Council (Listed Tribunals) (Wales) Order 2007
66.
The Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007
67.
The Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007
68.
The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) (Amendment) Rules 2008
69.
The Company Names Adjudicator Rules 2008
70.
The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008
71.
The Transfer of Tribunal Functions Order 2008
72.
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2008
73.
The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009
74.
(a)
for “tribunals under general supervision of council” substitute “tribunals to which this Act applies”;
(b)
in paragraph 188(a), for “tribunals under direct supervision of council” substitute “tribunals – general”;
(c)
in paragraph 188(b), for “tribunals under supervision of Scottish Committee” substitute “Scottish tribunals”.
The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009
75.
The Transfer of Functions of the Charity Tribunal Order 2009
76.
(a)
article 4(2) (consequential and transitional provisions); and
(b)
Schedule 2 (consequential amendment to secondary legislation).
The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009
77.
The Administrative Justice and Tribunals Council (Listed Tribunals) (Amendment) Order 2009
78.
The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
79.
(a)
paragraph 6(4) of Schedule 3 (the Board); and
(b)
paragraph 6 of Schedule 6 (consequential amendments).
The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010
80.
The Transfer of Tribunal Functions Order 2010
81.
The Road Traffic (Parking Adjudicators) (Renfrewshire Council) Regulations 2010
82.
The Train Driving Licences and Certificates Regulations 2010
83.
(a)
regulation 35(7) (appeals against decisions of the ORR); and
(b)
regulation 36(7) (appeals against decisions of railway undertakings and infrastructure managers).
The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2010
84.
The Parole Board (Scotland) Amendment Rules 2010
85.
The National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2010
86.
The National Health Service (Tribunal) (Scotland) Amendment Regulations 2010
87.
The Residential Property Tribunal Procedures and Fees (England) Regulations 2011
88.
89.
In regulation 24 (inspection of premises and neighbourhood), omit paragraph (2)(b) and the preceding “; and”.
90.
In regulation 32 (persons entitled to be present at a hearing held in private), omit paragraph (1)(b).
The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011
91.
The Railways (Interoperability) Regulations 2011
92.
The Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011
93.
The Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Amendment Order 2011
94.
The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011
95.
The Road Traffic (Parking Adjudicators) (East Ayrshire Council) Regulations 2012
96.
The Road Traffic (Parking Adjudicators) (South Ayrshire Council) Regulations 2012
97.
The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012
98.
This Order abolishes the Administrative Justice and Tribunals Council (AJTC), which was set up by section 44 of the Tribunals, Courts and Enforcement Act 2007. The Schedule makes consequential amendments etc.
An impact assessment was prepared in relation to the abolition of the AJTC as part of the Ministry of Justice’s consultation on the Public Bodies Act 2011; it is available at http://www.justice.gov.uk/consultations/reform-public-bodies.htm.