Commentary on Sections: Part 1
Section 30: Transfer of functions of certain tribunals
165.The transfer of jurisdictions to the new tribunals is a central feature of the Act. This section provides the Lord Chancellor with the power to transfer jurisdictions from those tribunals listed in the relevant Parts of Schedule 6 to either of the two new tribunals or the employment tribunals or the Employment Appeal Tribunal. In this way adjudicative functions which are currently spread across a wide range of tribunals can be consolidated into the new tribunals and the employment tribunals and Employment Appeal Tribunal.
166.Subsection (1) empowers the Lord Chancellor to provide for the functions of a tribunal to be transferred to the First-tier Tribunal, Upper Tribunal or the First-tier and Upper Tribunals, with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order or by, or under, Tribunal Procedure Rules. It also provides for the transfer of a function to the First-tier Tribunal to the extent specified in the order, and to the Upper Tribunal to the extent so specified. It provides similarly for transfers to an employment tribunal, or the Employment Appeal Tribunal.
167.Subsection (3) provides that the Lord Chancellor may further transfer functions in accordance with the provisions of subsection (1).
168.The general policy of subsections (5) to (8) is to restrict devolved functions from being transferred to the new tribunals.
169.Under subsection (5), the general rule is that functions of tribunals which are within the legislative competence of the Scottish Parliament or the Northern Ireland Assembly (i.e. devolved) may not be transferred to the First-tier Tribunal or Upper Tribunal under section 30.
170.Subsections (6) and (7) set out some exceptions. Functions in relation to appeals relating to estate agents and consumer credit, and criminal injury compensation appeals, may be transferred. But transfer of functions relating to criminal injury compensation appeals in Scotland will require the consent of Scottish Ministers.
171.Subsection (8) provides that if any functions relating to the operation of a tribunal, or expenses for attending the tribunal, are exercisable by the Welsh Ministers, functions of that tribunal may be transferred under section 30 only with the consent of the Welsh Ministers.
