Search Legislation

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018

 Help about what version

What Version

  • Draft legislation
 Help about opening options

Opening Options

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018 No. 606

Draft Order laid before Parliament under section 49(5) of the Tribunals, Courts and Enforcement Act 2007, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2018 No.

Tribunals And Inquiries

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018

Made

***

Coming into force

***

The Lord Chancellor, in exercise of the powers conferred by section 145(1) of, and paragraph 15 of Schedule 4 to, the Tribunals, Courts and Enforcement Act 2007(1), makes the following Order.

In accordance with paragraph 15(8) of Schedule 4 to that Act the Lord Chancellor has consulted the Senior President of Tribunals.

In accordance with section 49(5) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018 and comes into force on the day after the day on which it is made.

Interpretation

2.  After article 1 of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008(2) insert—

Interpretation

1A.  In this Order—

“practice direction” means a direction made under section 23 of the Tribunals, Courts and Enforcement Act 2007 as to the practice and procedure of the First-tier Tribunal or the Upper Tribunal that contains criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter.

Substitution of article 2

3.  For article 2 of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 (number of members of the First-tier Tribunal) substitute—

2.(1) The number of members of the tribunal who are to decide any matter that falls to be decided by the First-tier Tribunal must be determined by the Senior President of Tribunals in a practice direction in accordance with paragraphs (2) and (3) below.

(2) The Senior President of Tribunals must determine whether the tribunal consists of one, two or three members.

(3) The Senior President of Tribunals must have regard to—

(a)the nature of the matter that falls to be decided and the means by which it is to be decided; and

(b)the need for members of tribunals to have particular expertise, skills or knowledge.

Amendment of article 3

4.  In article 3(2) of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 (number of members of the Upper Tribunal) insert “in a practice direction” after “so determines”.

Saving provision

5.  Any arrangement for the determination of the number of members of the tribunal who are to decide any matter that falls to be decided by the First-tier Tribunal or Upper Tribunal which was made under paragraph 2(1) or 3(1) of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 by the Senior President of Tribunals before the coming into force of this Order continues to apply to the extent it is not superseded by a practice direction made under this Order.

Name

Parliamentary Under-Secretary of State

Ministry of Justice

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008/2835 (the 2008 Order).

Article 2 inserts a definition of practice direction.

Article 3 substitutes a new article 2 to provide that the number of members of tribunal panels in the First-tier Tribunal is to be one, two or three, as determined by the Senior President of Tribunals by practice direction; provide that the Senior President of Tribunals has to have with regard to the nature of the matter that falls to be decided and the means by which it is to be determined; provide (as already was the case) that the Senior President of Tribunals has to have regard to the need for tribunal members to have particular expertise, skills or knowledge; and omit the need to have regard to historic panel composition (previously in article 2(2)(a) of the 2008 Order).

Article 4 amends article 3 of the 2008 Order to ensure that panel composition in the Upper Tribunal is set by way of a practice direction when the Senior President of Tribunals sets panel composition at two or three members.

Article 5 ensures that practice statements published by the Senior President of Tribunals which set out arrangements for panel composition continue to apply until such time as they are superseded.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available at https://legislation.gov.uk.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources