Part 2 U.K.Emergency powers

25 Establishment of tribunal U.K.

(1) Emergency regulations which establish a tribunal may not be made unless a senior Minister of the Crown has consulted the [F1 Administrative Justice and Tribunals Council] .

(2) But—

(a) a senior Minister of the Crown may disapply subsection (1) if necessary by reason of urgency,

(b) subsection (1) shall not apply where the [F1 Administrative Justice and Tribunals Council] have consented to the establishment of the Tribunal, and

(c) a failure to satisfy subsection (1) shall not affect the validity of regulations.

(3) Where the [F1 Administrative Justice and Tribunals Council] are consulted by a senior Minister of the Crown under subsection (1)—

(a) the Council shall make a report to the Minister, and

(b) the Minister shall not make the emergency regulations to which the consultation relates before receiving the Council’s report.

(4) But—

(a) a senior Minister of the Crown may disapply subsection (3)(b) if necessary by reason of urgency, and

(b) a failure to comply with subsection (3)(b) shall not affect the validity of regulations.

(5) Where a senior Minister of the Crown receives a report under subsection (3)(a) he shall lay before Parliament as soon as is reasonably practicable after the making of the regulations to which the report relates—

(a) a copy of the report,

(b) a statement of the extent to which the regulations give effect to any recommendations in the report, and

(c) an explanation for any departure from recommendations in the report.

(6) Where a senior Minister of the Crown makes emergency regulations without consulting the [F1 Administrative Justice and Tribunals Council](in reliance on subsection (2)(a))—

(a) he shall consult the Council about the regulations as soon as reasonably practicable after they are made,

(b) the Council shall make a report to the Minister, and

(c) subsection (5) shall apply (with any necessary modifications).

Textual Amendments

F1 Words in s. 25(1)(2)(b)(3)(6) substituted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 61; S.I. 2007/2709, art. 3(b)(i)