Part 1Tribunals and Inquiries

Chapter 3Transfer of tribunal functions

37Power to amend lists of tribunals in Schedule 6

1

The Lord Chancellor may by order amend Schedule 6—

a

for the purpose of adding a tribunal to a list in the Schedule;

b

for the purpose of removing a tribunal from a list in the Schedule;

c

for the purpose of removing a list from the Schedule;

d

for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.

2

The following rules apply to the exercise of power under subsection (1)—

a

a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;

b

a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;

c

if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;

d

a tribunal may be in more than one list.

3

In subsection (2)(c) “relevant function”, in relation to a tribunal, means a function which relates—

a

to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

b

to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

4

In subsection (1) “tribunal” does not include an ordinary court of law.

5

In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).