Citation, commencement and extent
1. This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 and comes into force on 3rd November 2008.
2. Except as provided by articles 3 and 4, an amendment or revocation of any enactment by any provision of Schedules 1 and 2 extends to any part of the United Kingdom to which the enactment extends.
3.—(1) For the purposes of article 4 the following amendments and revocations made by Schedules 1 and 2 do not extend to Scotland—
(2) In Schedule 1—
(a)paragraph 96(a), (c), (d) and (e) (i), (iii), (iv) and (vi) to (ix);
(b)paragraph 124 in so far as it relates to regulations 35, 36(1), (2)(a), (5) and (8), 37 and 38;
(c)paragraph 126 in so far as it relates to regulations 39, 40, 42, 43, 46, 47, 49, 51 and 53 to 58;
(d)paragraphs 128, 133(a) and 134; and
(e)paragraph 136 in so far as it relates to regulations 16 to 28 and 30 to 33.
(3) In Schedule 2 the entries relating to—
(a)the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 1999(1) in so far as the entry relates to regulation 2(b);
(b)the Social Security and Child Support (Decisions and Appeals), Vaccine Damage Payments and Jobseeker’s Allowance Amendment Regulations 1999(2) in so far as the entry relates to regulation 10;
(c)the Social Security and Child Support (Miscellaneous Amendments) Regulations 2000(3) in so far as the entry relates to regulations 24(a) to (c), (e) and (h), 25, 29 and 31;
(d)the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002(4) in so far as the entry relates to regulations 13 to 18 and 20;
(e)the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2003(5);
(f)the Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004(6) in so far as the entry relates to regulation 2(4) to (7);
(g)the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005(7) in so far as the entry relates to regulation 2(9) to (14), (18) and (20);
(h)the Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005(8) in so far as the entry relates to regulation 2; and
(i)the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008(9).
4. The purposes referred to in article 3(1) are—
(a)the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(10) of an appeal which is referred to such a tribunal by the Scottish Ministers, or the Secretary of State on their behalf, pursuant to section 158 (appeal tribunals) of the Health and Social Care (Community Health and Standards) Act 2003(11); and
(b)the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of that Act against a decision falling within sub-paragraph (a).
Transitional provision
5. Where an appeal lies to the High Court under regulation 12 of the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999(12) (appeals to the High Court) from any decision made by the appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998, and that appeal has not been commenced before 3rd November 2008, section 11 of the Tribunals Courts and Enforcement Act 2007 shall apply as if the decision were a decision made on or after the 3rd November 2008 by the First-tier Tribunal.
Consequential Amendments and Revocations
6.—(1) Schedule 1 contains consequential amendments.
(2) Schedule 2 contains revocations. The instruments listed in column (1) of the table in Schedule 2 (which have the references listed in column (2)) are revoked to the extent indicated in column (3).
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
9th October 2008