2008 No. 2683
The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 31(9) and 145 of, and paragraph 30 of Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071.
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 19992 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 19993 in so far as the entry relates to regulation 10;
c
the Social Security and Child Support (Miscellaneous Amendments) Regulations 20004 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 20025 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 20036;
f
the Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 20047 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 20058 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 20059 in so far as the entry relates to regulation 2; and
i
the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 200810.
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 199811 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 200312; 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 provision5
Where an appeal lies to the High Court under regulation 12 of the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 199913 (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 Revocations6
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
SCHEDULE 1Consequential amendments
War Pensions (Mercantile Marine) Scheme 19641
Schedule 7 to the War Pensions (Mercantile Marine) Scheme 196414 is amended as follows—
a
in paragraph 4—
i
after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;
ii
for “the decision of a Pensions Appeal” substitute “the decision of the”; and
iii
in paragraph (b) after “Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”; and
b
in paragraph 8—
i
after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;
ii
for “the decision of a Pensions Appeal”, in both places, substitute “the decision of the”; and
iii
after “application to the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”.
Rent Assessment Committees (England and Wales) Regulations 19712
In regulation 3(1) of the Rent Assessment Committees (England and Wales) Regulations 197115 (hearings) omit “; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing”.
Plant Varieties and Seeds Tribunal Rules 19743
In rule 10 of the Plant Varieties and Seeds Tribunal Rules 197416 (tribunal to sit in public) omit paragraph (2).
Industrial Training (Levy Exemption References) Regulations 19744
In paragraph 6(1) of the Schedule to the Industrial Training (Levy Exemption References) Regulations 197417 (the hearing) omit “, but a member of the Council on Tribunals or of the Scottish Committee of the Council shall be entitled to attend the hearing of any reference in private in his capacity as such member”.
Health and Safety Inquiries (Procedure) Regulations 19755
In regulation 8 of the Health and Safety Inquiries (Procedure) Regulations 197518 (procedure at inquiry) omit paragraph (3)(b)(i) (and the following “and” and “(ii)”).
Rehabilitation of Offenders Act 1974 (Exceptions) Order 19756
In Schedule 3 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197519 (excepted proceedings) for paragraph 5 substitute—
5
Proceedings under the Mental Health Act 1983 before any tribunal.
Social Security Benefit (Dependency) Regulations 19777
In regulation 1(2) of the Social Benefit (Dependency) Regulations 197720 (citation, commencement and interpretation) in the definition of “determining authority” for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19798
In regulation 1(2) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 197921 (citation, commencement and interpretation) in the definition of “the determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
Pensions Appeals Tribunals (Posthumous Appeals) Order 1980
9
The Pensions Appeals Tribunals (Posthumous Appeals) Order 198022 is amended as follows.
10
In article 1(2) (interpretation)—
a
in the definition of “Commissioner” for sub-paragraphs (a) and (b) substitute “the Social Security Administration (Northern Ireland) Act 199223”; and
b
in the definition of “the President of the Pensions Appeal Tribunals”—
i
omit “by the Lord Chancellor”; and
ii
at the end insert “for Scotland or Northern Ireland”.
11
In article 3 (posthumous notification of, and appeals to Pensions Appeals Tribunals against, decisions of the Secretary of State)—
a
in the heading for “Pensions Appeals Tribunals” substitute “the appropriate tribunal”;
b
in paragraph (1) for “Pensions Appeal Tribunals” substitute “the appropriate tribunal; and
c
after paragraph (5) insert—
6
For appeals to the First-tier Tribunal, Tribunal Procedure Rules apply in respect of the time limits and extension to those time limits by the Secretary of State.
12
In article 4 (initiation of posthumous appeals to a Commissioner)—
a
in the heading after “Commissioner” insert “or the Upper Tribunal”;
b
in paragraph (1)—
i
for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;
ii
after “to a Commissioner” insert “or the Upper Tribunal”; and
iii
after “Act” insert “or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 200724, as the case may be”;
c
in paragraph (2)—
i
for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;
ii
after “to a Commissioner” insert “or the Upper Tribunal”; and
iii
after “6A” insert “of the Act, or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007, as the case may be”; and
d
in paragraph (3)(b) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.
13
In article 5 (continuation of appeals after death of claimant) for “or, as the case may be, 6A of the Act” substitute “or 6A of the Act or section 11 of the Tribunals, Courts and Enforcement Act 2007, as the case may be”.
14
In article 5A (posthumous appeals from a Commissioner)—
a
in the heading, after “a Commissioner” insert “or the Upper Tribunal”; and
b
at the end insert “or where the appeal was brought or continued in the Upper Tribunal, the designated person may appeal from the Upper Tribunal in accordance with section 13 of the Tribunals, Courts and Enforcement Act 2007”.
15
In article 6 (directions in relation to appeals) after “President or a Commissioner” insert “or the First-tier Tribunal or the Upper Tribunal, as the case may be,”.
16
In article 9(3) (application of order and time for appealing) after “of the Act” insert “or the Tribunals, Courts and Enforcement Act 2007”.
Rent Assessment Committees (England and Wales) (Rent Tribunal) Regulations 198017
In regulation 7(1) of the Rent Assessment Committees (England and Wales) (Rent Tribunal) Regulations 198025 omit “; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing”.
Statutory Sick Pay (General) Regulations 198218
In regulation 9A(3) of the Statutory Sick Pay (General) Regulations 198226 (liability of the Commissioners of Inland Revenue for payments of statutory sick pay) for the words “a Social Security Appeal Tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal.”.
War Pensions (Commencing Dates of Past Awards) Order 1982
19
The War Pensions (Commencing Dates of Past Awards) Order 198227 is amended as follows.
20
In article 1 (interpretation)—
a
before the definition of “instruments” insert—
“appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the 1943 Act;
b
omit the definition of “Pensions Appeal Tribunal”; and
c
in the definition of “the rules” after “1943 Act” insert “or Tribunal Procedure Rules”.
21
In article 4 (limitation on arrears)—
a
in sub-paragraph (a)—
i
after “under the rules” insert “or by the Upper Tribunal”; and
ii
for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”;
b
in sub-paragraph (b) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”; and
c
in sub-paragraph (c)—
i
for “from Pensions Appeal Tribunal” substitute “from the appropriate tribunal”; and
ii
for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”.
22
In items 4 and 5 of Schedule 2 (commencing dates of past awards)—
a
in column 2—
i
in paragraph (a) after “under the rules” insert “or by the Upper Tribunal”; and
ii
in paragraph (b) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”; and
b
in column 3 for “Pensions Appeal Tribunal” substitute “appropriate tribunal”.
Social Security (General Benefit) Regulations 1982
23
The Social Security (General Benefit) Regulations 198228 are amended as follows.
24
In regulation 1(2) (citation, commencement and interpretation) in the definition of “determining authority” for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
25
In regulation 11(7) and (8) (further definition of the principles of assessment of disablement and prescribed degrees of disablement) for “an appeal tribunal” substitute “the First-tier Tribunal”.
Workmen’s Compensation (Supplementation) Scheme 1982
26
The Workmen’s Compensation (Supplementation) Scheme 198229 is amended as follows.
27
In article 1(2) (citation, commencement and interpretation) in the definition of “the appropriate determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
28
In article 12 (determination of claims and applications for revision and supersession arising under the scheme) omit “and the Social Security Commissioners (Procedure) Regulations 1999”.
29
In Schedule 2 (provisions of the 1998 Act or regulations applicable (with the necessary modifications) to this scheme) omit the entries relating to—
a
regulations 35 to 38, 39 to 47 and 49 to 58 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and
b
the Social Security Commissioners (Procedure) Regulations 1999.
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983
30
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 198330 is amended as follows.
31
In article 1(2) (citation, commencement and interpretation) in the definition of “the appropriate determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
32
In article 12 (questions arising under the scheme) omit the entry relating to “the Social Security Commissioners (Procedure) Regulations 1999”.
33
In Schedule 3 (provisions of the Social Security Act or regulations applicable (with the necessary modifications) to this scheme) omit the entries relating to—
a
regulations 35 to 38, 39 to 47 and 49 to 58 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and
b
the Social Security Commissioners (Procedure) Regulations 1999.
Personal Injuries (Civilians) Scheme 1983
34
The Personal Injuries (Civilians) Scheme 198331 is amended as follows.
35
In article 56(a) (determination of medical questions) after “1949” insert “or, as the case may be, the First-tier Tribunal”.
36
In Schedule 5 (commencing dates of awards of pension)—
a
in paragraph 4—
i
after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;
ii
for “the decision of a Pensions Appeal” substitute “the decision of the”; and
iii
in paragraph (b) after “Pensions Appeal Tribunals” insert “or the First-tier Tribunal as the case may be”; and
b
in paragraph 8—
i
after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;
ii
for “the decision of a Pensions Appeal”, in both places, substitute “the decision”; and
iii
after “application to the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”.
Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 198337
In regulation 1(2) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 198332 (citation, commencement and interpretation), in the definition of “determining authority” for the words “a social security appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
Civil Aviation Authority (Economic Regulation of Airports) Regulations 198638
In regulation 13(7) of the Civil Aviation Authority (Economic Regulation of Airports) Regulations 198633 (enforcement of conditions) omit the words “, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such”.
Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 198639
In regulation 7 of the Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 198634 (attendance at inquiries) omit “, provided that a member of the Council on Tribunals or its Scottish Committee shall be entitled to attend notwithstanding that attendance is restricted”.
Medicines Act 1968 (Hearings by Persons Appointed) Rules 198640
In rule 6 of the Medicines Act 1968 (Hearings by Persons Appointed) Rules 198635 (procedure at hearings by persons appointed) omit paragraph (3).
Animals (Scientific Procedures) (Procedure for Representations) Rules 198641
In rule 8 of the Animals (Scientific Procedures) (Procedure for Representations) Rules 198636 (procedure at hearings of oral representations) omit paragraph (4).
Statutory Maternity Pay (General) Regulations 198642
In regulation 7(2) of the Statutory Maternity Pay (General) Regulations 198637 (liability of Commissioners of Inland Revenue to pay statutory maternity pay), for the words “a Social Security Appeal Tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal.”.
Social Security (Claims and Payments) Regulations 198743
In regulation 6(26) and (33)(c) of the Social Security (Claims and Payments) Regulations 198738 (date of claim) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”.
Social Security (Payments on account, Overpayments and Recovery) Regulations 198844
In regulation 1(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 198839 (citation, commencement and interpretation) in the definition of “adjudicating authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
Civil Aviation Authority Regulations 1991
45
The Civil Aviation Authority Regulations 199140 are amended as follows.
46
For regulation 6(7A)(b) (regulation of the conduct of the Authority) substitute—
b
Any person which the Authority, with the consent of the parties, permits to attend the hearing is entitled to do so, whether or not the hearing is in private.
47
In regulation 14(5) omit the words “, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such”.
48
In regulation 26(4) (procedure at hearings) omit the words “, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such”.
49
In regulation 31D(4) (procedure at hearings)—
a
omit sub-paragraph (b); and
b
sub-paragraph (a) shall stand as paragraph (4).
Social Security (Disability Living Allowance) Regulations 199150
In regulation 1(2) of the Social Security (Disability Living Allowance) Regulations 199141 (citation, commencement and interpretation) in the definition of “adjudicating authority” for “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal”.
National Health Service (Service Committees and Tribunal) Regulations 1992
51
The National Health Service (Service Committees and Tribunal) Regulations 199242 are amended as follows.
52
In regulation 10(10) (procedure on appeals) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
53
In regulation 33 (attendance by member of Council on Tribunals)—
a
for “Council on Tribunals”, in both places (including the heading), substitute “Administrative Justice and Tribunals Council”;
b
omit sub-paragraph (a); and
c
for “Tribunal, committee” substitute “committee”.
54
In paragraph 5(1) of Schedule 4 (procedure for investigation by discipline committees) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
55
In paragraph 5(1) of Schedule 9 (hearings under Part 3) omit “Subject to regulation 33 (attendance by a member of Council on Tribunals)”.
Child Support (Maintenance Assessment Procedure) Regulations 1992
56
The Child Support (Maintenance Assessment Procedure) Regulations 199243 are amended as follows.
57
In regulation 1(2) (citation, commencement and interpretation) in the definition of “official error” for “a Child Support Commissioner” substitute “the Upper Tribunal”.
58
In regulation 10(1) (notifications following certain decisions by child support officers) for “an appeal tribunal” substitute “the First-tier Tribunal”.
59
In regulation 18(6)(b) (late applications for a revision) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
60
In regulation 20(4A) (supersession of decisions) for “an appeal tribunal or of a Child Support Commissioner” substitute “the First-tier Tribunal or Upper Tribunal”.
61
In regulation 23 (date from which a decision is superseded)—
a
in paragraph (10)—
i
in sub-paragraph (a) for “an appeal tribunal under section 20 of the Act or a Child Support Commissioner” substitute “the First-tier Tribunal under section 20 of the Act or the Upper Tribunal”; and
ii
for “appeal tribunal or, as the case may be, the Child Support Commissioner” substitute “the First-tier Tribunal or, as the case may be, the Upper Tribunal”; and
b
in paragraph (20)—
i
for “appeal tribunal or the Child Support Commissioner’s” substitute “First-tier Tribunal or the Upper Tribunal’s”; and
ii
for “Child Support Commissioner” substitute “Upper Tribunal”.
Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 199262
In regulation 14(6)(b) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 199244 (late application for revision) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
Family Proceedings Courts (Child Support Act 1991) Rules 199363
In rule 5(2)(c) of the Family Proceedings Courts (Child Support Act 1991) Rules 199345 (disclosure of information under the Act of 1991) for “an appeal tribunal” substitute “the First-tier Tribunal”.
Road Traffic (Parking Adjudicators) (London) Regulations 199364
For regulation 9(4) of the Road Traffic (Parking Adjudicators) (London) Regulations 199346 (procedure at a hearing) substitute—
4
Any adjudicator appointed under section 73(3)(a) of the Act shall be entitled to attend the hearing of an appeal whether or not it is in private.
Social Security (Incapacity Benefit) Regulations 199465
In regulation 4A(3) of the Social Security (Incapacity Benefit) Regulations 199447 (days to be treated as days of incapacity for work)—
a
omit the definition of “Commissioner”; and
b
in the definition of “official error” for “a Commissioner” substitute “the Upper Tribunal”.
Social Security (Incapacity for Work) (General) Regulations 199566
For regulation 17(7)(b) of the Social Security (Incapacity for Work) (General) Regulations 199548 (exempt work) substitute—
b
a member of the First-tier Tribunal where the member is eligible for appointment to be such a member in accordance with article 2(3) of the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 200849.
Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 199567
In rule 12 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 199550 (hearings to be in public subject to exceptions) omit paragraph (2).
Civil Aviation Authority (Economic Regulation of Airports) (Northern Ireland) Regulations 199568
In regulation 13(9) of the Civil Aviation Authority (Economic Regulation of Airports) (Northern Ireland) Regulations 199551 (enforcement of conditions) omit “but nothing in this regulation shall prevent a member of the Council on Tribunals from attending a hearing in his capacity as such”.
Local Government Changes for England (Education) (Miscellaneous Provisions) Regulations 1996
69
The Local Government Changes for England (Education) (Miscellaneous Provisions) Regulations 199652 are amended as follows.
70
In regulation 13(b) for “Special Educational Needs” substitute “First-tier”.
71
Omit regulation 16 (appeals to Special Educational Needs Tribunal).
Deregulation (Model Appeal Provisions) Order 199672
The Schedule to the Deregulation (Model Appeal Provisions) Order 199653 (model rules for appeals) is amended as follows—
a
in paragraph 6(9) (appointment of tribunal) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”;
b
omit paragraph 25(2) (hearing to be in public);
c
in the heading of paragraph 37 for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”; and
d
in paragraph 37 (supervision by the Council on Tribunals) for “Council on Tribunals as if they were tribunals specified in Schedule l to the Tribunals and Inquiries Act 1992” substitute “Administrative Justice and Tribunals Council as if they were a listed tribunal within the meaning given in paragraph 25 of Schedule 7 to the Tribunals, Courts and Enforcement Act 200754”.
Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 199673
In regulation 10(2B) of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 199655 (provisions relating to determination of amount paid by way of or paid as on account of benefit) for “an appeal tribunal constituted under Chapter I of Part I of the 1998 Act” substitute “the First-tier Tribunal”.
Child Support Departure Direction and Consequential Amendments Regulations 1996
74
The Child Support Departure Direction and Consequential Amendments Regulations 199656 are amended as follows.
75
In regulation 1(2) (citation, commencement and interpretation) in the definition of “official error” for “a Child Support Commissioner” substitute “the Upper Tribunal”.
76
In regulation 32A(1) (revision of decisions) for “an appeal tribunal” substitute “the First-tier Tribunal”.
77
In regulation 32B(6)(b) (late applications for a revision) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
78
In regulation 32E(6)(a) (date from which a superseding decision takes effect) for “an appeal tribunal” substitute “the First-tier Tribunal”.
79
In regulation 34A(3) (correction of accidental errors in departure directions) for the words “in regulation 31(1)” to “Regulations 1999” substitute “under Tribunal Procedure Rules”.
Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations 199780
In regulation 4 of the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations 199757 (formal hearings in connection with reviews) omit paragraph (5).
Occupational Pensions Regulatory Authority (Determinations and Review Procedure) Regulations 199781
In regulation 13 of the Occupational Pensions Regulatory Authority (Determinations and Review Procedure) Regulations 199758 (oral hearings) omit paragraph (2)(d).
Airports (Groundhandling) Regulations 1997
82
The Airports (Groundhandling) Regulations 199759 are amended as follows.
83
In paragraph 13(4) of Schedule 1 (procedure for a determination by the CAA under regulations 9, 10, 11, 14 and 15) omit the words “, but nothing in this sub-paragraph shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such”.
84
In paragraph 5(3) of Schedule 2 (appeals to the CAA) omit the words “, but nothing in this sub-paragraph shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such”.
Plant Breeders’ Rights Regulations 199885
In regulation 8 of the Plant Breeders’ Rights Regulations 199860 (hearings of oral representations) omit paragraph (9).
National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999
86
The National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 199961 are amended as follows.
87
In regulation 7 (admission to a hearing) omit paragraph (4).
88
In regulation 14 (admission to a hearing) omit paragraph (4).
Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 199989
For regulation 24(3) of the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 199962 (hearings to be in public: exceptions) substitute—
3
A person may, with the leave of the Tribunal and the consent of the parties present, attend the hearing of an appeal notwithstanding that it is in private.
Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999
90
The Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 199963 are amended as follows.
91
In regulation 1 (interpretation)—
a
in paragraph (2)—
i
in the definition of “appeal” omit “, except in regulation 12,”; and
ii
for the definition of “tribunal” substitute—
“tribunal” means the First-tier Tribunal;
b
in paragraph (4) omit—
i
“or the clerk to or a chairman of a tribunal,”; and
ii
“or of the clerk to the tribunal, as appropriate”; and
c
omit paragraph (5).
92
In regulation 3 (manner of making appeals and time limits)—
a
for paragraph (1) substitute—
1
An appeal against a certificate made in accordance with Tribunal Procedure Rules must be made on a form approved by the Secretary of State and sent to the Compensation Recovery Unit.
b
omit paragraphs (2) to (9);
c
in paragraphs (10) and (11) for “under paragraph (9)” substitute “by Tribunal Procedure Rules”;
d
in paragraph (12) for “this regulation” substitute “Tribunal Procedure Rules”; and
e
omit paragraphs (15) and (16).
93
Omit regulations 4 to 12 (tribunal procedure).
Police Appeals Tribunal Rules 199994
In rule 9 of the Police Appeals Tribunal Rules 199964 (hearing to be in private) omit paragraph (3).
Social Security and Child Support (Decisions and Appeals) Regulations 1999
95
The Social Security and Child Support (Decisions and Appeals) Regulations 199965 are amended as follows.
96
In regulation 1(3) (citation, commencement and interpretation)—
a
in the definition of “appeal” for “an appeal tribunal” substitute “the First-tier Tribunal”;
b
in the definition of “official error” for “a Commissioner” substitute “the Upper Tribunal”;
c
in the definition of “party to the proceedings” for “an appeal tribunal” substitute “the First-tier Tribunal”;
d
in the definition of “referral” for “an appeal tribunal” substitute “the First-tier Tribunal”; and
e
omit the definitions of—
i
“clerk to the appeal tribunal”;
ii
“financially qualified panel member”;
iii
“legally qualified panel member”;
iv
“medically qualified panel member”;
v
“out of jurisdiction appeal”;
vi
“panel”;
vii
“panel member”;
viii
“panel member with a disability qualification”; and
ix
“President”.
97
In regulation 2 (service of notices or documents)—
a
in sub-paragraph (a) omit—
i
“to the clerk to the appeal tribunal or”; and
ii
“by the clerk to the appeal tribunal or”; and
b
in sub-paragraph (b) omit “the clerk to the appeal tribunal or”.
98
In regulation 3 (revision of decisions)—
a
in paragraph (4A) for “in regulation 31, or in a case to which regulation 32 applies within the time prescribed by that regulation,” substitute “by Tribunal Procedure Rules”; and
b
in paragraph (5A)(b) for “an appeal tribunal” substitute “the First-tier Tribunal”.
99
In regulation 3A (revision of child support decisions)—
a
in paragraph (1)(cc) for “in regulation 31, or in a case to which regulation 32 applies within the time prescribed by that regulation,” substitute “by Tribunal Procedure Rules”; and
b
in paragraphs (3), (5A)(b) and (6) for “an appeal tribunal” substitute “the First-tier Tribunal”.
100
In regulation 4(6)(b) (late application for a revision) for “a Commissioner, a Child Support Commissioner” substitute “the Upper Tribunal”.
101
In regulation 6 (supersession of decisions)—
a
in paragraph (2)(c), for “an appeal tribunal or of a Commissioner” substitute “the First-tier Tribunal or of the Upper Tribunal”; and
b
in paragraph (2)(n)—
i
for “an appeal tribunal” substitute “ the First-tier Tribunal”; and
ii
for “appeal tribunal” substitute “ decision of the First-tier Tribunal”.
102
In regulation 6A(4A) (supersession of child support decisions) for “an appeal tribunal or of a Commissioner” substitute “the First-tier Tribunal or of the Upper Tribunal”.
103
In regulation 6B(1) (circumstances in which a child support decision may not be superseded) for “appeal tribunal or Child Support Commissioner” substitute “the First-tier Tribunal or the Upper Tribunal”.
104
In regulation 7 (date from which a decision superseded under section 10 takes effect)—
a
in paragraph (5)—
i
for “an appeal tribunal or a Commissioner” substitute “ the First-tier Tribunal or the Upper Tribunal”; and
ii
for “the appeal tribunal or the Commissioner” substitute “the First-tier Tribunal or the Upper Tribunal”; and
b
in paragraph (33)—
i
for “appeal tribunal or the Commissioner’s” substitute “First-tier Tribunal or the Upper Tribunal’s”; and
ii
for “Commissioner” substitute “Upper Tribunal”.
105
In regulation 7B (date from which a decision superseded under section 17 of the Child Support Act takes effect)—
a
in paragraph (9)—
i
in sub-paragraph (a) for “an appeal tribunal or by a Child Support Commissioner” substitute “the First-tier Tribunal or the Upper Tribunal”;
ii
for “the appeal tribunal” substitute “the First-tier Tribunal”; and
iii
for “the Child Support Commissioner” substitute “the Upper Tribunal”; and
b
in paragraph (22A)—
i
for “appeal tribunal or the Commissioner’s” substitute “First-tier Tribunal or the Upper Tribunal’s”; and
ii
for “of the Commissioner” substitute “of the Upper Tribunal”.
106
In regulation 8(6)(b) (effective date for late notifications of change of circumstances) for “a Commissioner” substitute “ the Upper Tribunal”.
107
In regulation 9ZA(2) (review of certificates) for “29, 31, 33, 36(2)(a)(ii) and 58(1)” substitute “29 and 33”.
108
In regulation 9A(3) (correction of accidental errors) omit “, or the time within which an appeal may be brought under regulation 31(1),”.
109
1
Regulation 16 (suspension in prescribed cases) is amended as follows.
2
In paragraph (3)—
a
in sub-paragraph (b)(i) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and
b
in sub-paragraph (b)(ii) for “a Commissioner” substitute “the Upper Tribunal”.
3
In paragraph (4)—
a
for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”;
b
in sub-paragraph (a) for “an appeal tribunal decision” substitute “a decision of the First-tier Tribunal”; and
c
in sub-paragraph (b)—
i
for “an appeal tribunal decision” substitute “a decision of the First-tier Tribunal”; and
ii
for “leave” in both places substitute “permission”.
110
1
Regulation 20 (making of payments which have been suspended) is amended as follows.
2
In paragraph (2)—
a
in sub-paragraph (a)—
i
for “an appeal tribunal” substitute “the First-tier Tribunal”; and
ii
for “of one month specified in regulation 53(4)” substitute “specified under Tribunal Procedure Rules”;
b
in sub-paragraph (b)—
i
for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and
ii
for “leave” in both places, substitute “permission”; and
c
in sub-paragraphs (c) and (d) for “leave”, in each place, substitute “permission”.
3
in paragraph (3)—
a
for “a Commissioner” substitute “the Upper Tribunal”; and
b
for “leave”, in each place” substitute “permission”.
111
In regulation 21(4) (decisions involving issues that arise on appeal in other cases) for “leave” substitute “permission”.
112
In regulation 22 (appeals involving issues that arise in other cases) for “leave” substitute “permission”.
113
In regulation 23(4) (child support decisions involving issues that arise on appeal in other cases) for “leave” substitute “permission”.
114
In regulation 24 (child support appeals involving issues that arise in other cases) for “leave” substitute “permission”.
115
In regulation 25 (other persons with a right of appeal) for “an appeal tribunal” substitute “the First-tier Tribunal”.
116
In regulation 26 (decisions against which an appeal lies) for “an appeal tribunal” substitute “the First-tier Tribunal”.
117
In regulation 27 (decisions against which no appeal lies)—
a
in paragraph (1) for “an appeal tribunal” substitute “the First-tier Tribunal”; and
b
omit paragraph (3).
118
In regulation 29 (further particulars required relating to certificate of recoverable benefits or, as the case may be, recoverable lump sum payments appeals or applications)—
a
in the heading omit “or applications”;
b
omit paragraphs (1) and (2);
c
for paragraph (3) substitute—
3
Where it appears to the Secretary of State that a notice of appeal in respect of an appeal under the 1997 Act relating to a certificate of recoverable benefits or, as the case may be, recoverable lump sum payments does not contain the particulars required, the Secretary of State may direct the appellant to provide such particulars.
d
in paragraph (4) omit “or application”; and
e
in paragraph (5) omit “or a written statement or summary”.
119
In regulation 30(5) (appeal against a decision which has been replaced or revised) for “appeal tribunal” substitute “First-tier Tribunal”.
120
In regulation 30A (appeals to appeal tribunals in child support cases) in the heading, for “appeal tribunals” substitute “the First-tier Tribunal”.
121
Omit regulation 31 (time within which an appeal is to be brought).
122
In regulation 32 (late appeals)—
a
for paragraphs (1) to (3) substitute—
1
Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.
2
The Secretary of State, the Commission or the Board, as the case may be, may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the conditions in paragraphs (4) to (8) are satisfied.
b
for paragraph (4) substitute—
4
An appeal may be treated as made in time if the Secretary of State, the Commission or the Board, as the case may be, is satisfied that it is in the interests of justice.
c
in paragraph (5)—
i
for “grant an application unless the panel member” substitute “treat the appeal as made in time unless”;
ii
in sub-paragraphs (a) and (b) omit “to the application”; and
iii
for “regulation 31” substitute “Tribunal Procedure Rules”;
d
in paragraph (6), in each place, for “applicant” substitute “appellant”;
e
in paragraph (7)—
i
for “grant the application” substitute “treat the appeal as made in time”; and
ii
for the words “within which” to the end, substitute “limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.”;
f
in paragraph (8)—
i
for “grant an application” substitute “treat the appeal as made in time”;
ii
in sub-paragraph (a) for “these Regulations” substitute “Tribunal Procedure Rules”; and
iii
in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”; and
g
omit paragraphs (9) to (11).
123
1
Regulation 33 (making appeals and applications) is amended as follows.
2
For the heading substitute “Notice of Appeal”.
3
Omit paragraph (1).
4
In paragraph (2) for “In this regulation, “an appropriate office” means” substitute “A notice of appeal made in accordance with Tribunal Procedure Rules and on a form approved by the Secretary of State, the Commission or the Board, as the case may be, or in such other format as the Secretary of State, the Commission or the Board, as the case may be, accepts, is to be sent or delivered to the following appropriate office”.
5
For paragraph (3) substitute—
3
Except where paragraph (4) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Secretary of State, the Commission or the Board to the sender for completion in accordance with the Tribunal Procedure Rules.
6
In paragraph (4)—
a
omit “or application”; and
b
for “paragraph (1)” substitute “Tribunal Procedure Rules”.
7
In paragraph (5)—
a
for “an appeal or application” substitute “a notice of appeal”;
b
after “the appeal” omit “or application”; and
c
for “paragraph (1)” substitute “Tribunal Procedure Rules”.
8
In paragraph (6) omit “or application”.
9
In paragraph 8—
a
in sub-paragraph (a) for “a legally qualified panel member” substitute “the First-tier Tribunal”; and
b
in sub-paragraph (b)—
i
for “panel member” substitute “First-tier Tribunal”; and
ii
for the words “paragraph (1)” to the end, substitute “Tribunal Procedure Rules.”.
10
In paragraph (9) for “legally qualified panel member who” substitute “First-tier Tribunal which”.
11
In paragraph (10)—
a
after “where the” insert “notice of”; and
b
for “clerk to an appeal tribunal or to a legally qualified panel member” substitute “First-tier Tribunal”.
124
Omit regulations 35 to 38 (the panel and appeal tribunals, and consideration and determination of appeals)66.
125
In regulation 38A (appeals raising issues for decision by officers of Inland Revenue)67—
a
in paragraph (1)—
i
for “an appeal tribunal and it appears to the appeal tribunal, or legally qualified panel member” substitute “the First-tier Tribunal and it appears to the First-tier Tribunal,”; and
ii
omit “or legally qualified panel member, as the case may be,”; and
b
in paragraph (3)(b) for “appeal tribunal” substitute “First-tier Tribunal”.
126
Omit regulations 39 to 47 and 49 to 58 (tribunal procedure)68.
127
In regulation 58A and the heading (appeal to a Commissioner by a partner)—
a
for “a Commissioner”, in each place, substitute “the Upper Tribunal”; and
b
for “an appeal tribunal” substitute “the First-tier Tribunal”.
128
Omit Schedule 3 (qualifications of persons appointed to the panel)69.
Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999129
In the Schedule to the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 199970—
a
omit the entry relating to “Council on Tribunals”; and
b
in the appropriate place in the first column insert “Administrative Justice and Tribunals Council” and in the corresponding second column insert; “Section 44 of the Tribunals, Courts and Enforcement Act (c. 15)”.
Social Security Commissioners (Procedure) Regulations 1999
130
The Social Security Commissioners (Procedure) Regulations 199971 may be cited as the Forfeiture Regulations 1999 and are amended as follows.
131
In the title to the Regulations and in regulation 1 (citation) for “Social Security Commissioners (Procedure)” substitute “Forfeiture”.
132
Omit regulations 2 (revocation) and 3 (transitional provisions).
133
In regulation 4 (interpretation)—
a
in paragraph (1) omit all definitions except for the definition of “the 1998 Act”; and
b
omit paragraphs (2) and (3).
134
Omit regulations 5 to 13 (general provisions and applications for leave to appeal, appeals and references).
135
In regulation 14 (references under the Forfeiture Act 1982) omit paragraphs (2) and (3).
136
Omit regulations 15 to 33 (applications for leave to appeal, appeals and references, procedure and decisions).
Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999137
In Schedule 1 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 199972 (Cross-Border Public Authorities)—
a
omit the entry relating to “Council on Tribunals”;
b
in the appropriate place insert “Administrative Justice and Tribunals Council”; and
c
for “Scottish Committee of the Council on Tribunals” substitute “Scottish Committee of the Administrative Justice and Tribunals Council”.
Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999138
For regulation 9(4) of the Road Traffic (Parking Adjudicators) (England and Wales) Regulations 199973 (procedure at a hearing) substitute—
4
Any other adjudicator shall be entitled to attend the hearing of an appeal whether or not it is in private.
Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999139
In regulation 3(a) of the Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 199974(amendments to the principal regulations) in the definition of “adjudicating authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.
Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000140
In regulation 9(3) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendment Regulations 200075 (appeals) for “(appeal to appeal tribunal) to an appeal tribunal” substitute “(appeal to First-tier Tribunal) to the First-tier Tribunal”.
Child Support (Temporary Compensation Payment Scheme) Regulations 2000141
In regulation 2(1)(c) of the Child Support (Temporary Compensation Payment Scheme) Regulations 200076 (application of the regulations) for “a child support appeal tribunal” substitute “the First-tier Tribunal”.
Special Educational Needs Tribunal Regulations 2001
142
The Special Educational Needs Tribunal Regulations 200177 are amended as follows.
143
In regulation 2(1) (interpretation) for the definition of “the tribunal” substitute—
“the tribunal” or “the Tribunal” means Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.
144
Omit regulation 30(2)(f) (right of a member of the Council on Tribunals to attend a hearing held in private).
145
After regulation 39 (review of the President’s decision) insert—
Application for permission to appeal to the Upper Tribunal39A
1
A party seeking permission to appeal on a point of law under section 336ZB of the Education Act 1996 (appeal to the Upper Tribunal) must make a written application to the tribunal for permission to appeal.
2
An application under paragraph (1) must be sent or delivered to the Secretary of the Tribunal no later than 28 days after the latest of the dates that the Secretary of the Tribunal sent to the party making the application—
a
notification of the decision;
b
notification that an application for the decision to be reviewed has been unsuccessful; or
c
notification that the decision has been varied following a review.
3
An application under paragraph (1) must—
a
identify the decision to which it relates;
b
identify the alleged error or errors of law in the decision; and
c
state the result the party making the application is seeking.
4
The tribunal may give directions in relation to the determination of the application, and may make its decision on the application with or without a hearing.
5
The Secretary of the Tribunal must send written notification of the tribunal’s decision on the application to the parties as soon as practicable.
6
If the tribunal has refused the application the notification under paragraph (4) must also include—
a
the reasons for such refusal; and
b
notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.
7
The tribunal may give permission to appeal on limited grounds, but must comply with paragraph (6) in relation to any grounds on which it has refused permission.
146
In regulation 48(1), (2) and (3) (orders of the court), and in the title of that regulation, for “Court” substitute “Upper Tribunal or the Court”.
Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001147
In regulation 1 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 200178 (citation, commencement and interpretation)—
a
in paragraph (3) for “a Commissioner” substitute “the Upper Tribunal”; and
b
in paragraph (4) omit the entry relating to “Commissioner”.
Housing and Council Tax Benefit (Decisions and Appeals) Regulations 2001
148
The Housing and Council Tax Benefit (Decisions and Appeals) Regulations 200179 are amended as follows.
149
In regulation 1 (citation, commencement and interpretation)—
a
in the definition of “appeal” for “an appeal tribunal” substitute “the First-tier Tribunal”;
b
in the definition of “official error” for “a Commissioner (construed in accordance with paragraph 23(1) of Schedule 7 to the Act)” substitute “the Upper Tribunal”; and
c
omit the definitions of—
i
“clerk to an appeal tribunal”;
ii
“financially qualified panel member”;
iii
“legally qualified panel member”;
iv
“panel member”; and
v
“President”.
150
In regulation 2 (service of notices or documents)—
a
in sub-paragraph (a) omit—
i
“the clerk to an appeal tribunal,”; and
ii
“the clerk to the appeal tribunal,”; and
b
in sub-paragraph (b) omit “the clerk to an appeal tribunal,”.
151
In regulation 4 (revision of decisions)—
a
in paragraph (1)(c) for “in regulation 18, or in a case to which regulation 19 applies the time prescribed in that regulation,” substitute “by Tribunal Procedure Rules”; and
b
in paragraph (7)(a) for “an appeal tribunal, Commissioner” substitute “the First-tier Tribunal, Upper Tribunal”.
152
In regulation 5(5)(b) (late application for a revision) for “a Commissioner” substitute “the Upper Tribunal”.
153
In regulation 7(2)(d) (decisions superseding earlier decisions) for “an appeal tribunal or of a Commissioner” substitute “the First-tier Tribunal or of the Upper Tribunal”.
154
In regulation 8 (date from which a decision superseding an earlier decision takes effect)—
a
in paragraph (7) for “an appeal tribunal or of a Commissioner” substitute “the First-tier Tribunal or of the Upper Tribunal”; and
b
in paragraph (11)—
i
for “appeal tribunal or the Commissioner’s” substitute “First-tier Tribunal or the Upper Tribunal’s”; and
ii
for “Commissioner” substitute “Upper Tribunal”.
155
In regulation 9(5)(b) (effective date for late notification of change of circumstances) for “a Commissioner” substitute “the Upper Tribunal”.
156
In regulation 10A(3) (correction of accidental errors) omit “, or the time within which an appeal may be brought under regulation 18(1),”.
157
In regulation 11(2) (cases where a relevant authority may suspend)—
a
in sub-paragraph (b)(i) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and
b
in sub-paragraph (b)(ii) for “a Commissioner” substitute “the Upper Tribunal”.
158
In regulation 16 (decisions against which no appeal lies) omit paragraph (2).
159
In regulation 17(5) (appeal against a decision which has been revised) for “appeal tribunal” substitute “First-tier Tribunal”.
160
Omit regulation 18 (time within which an appeal is brought).
161
In regulation 19 (late appeals)—
a
omit paragraphs (1) to (4);
b
for paragraph (5) substitute—
5
Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.
5A
The relevant authority may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the relevant authority is satisfied that it is in the interests of justice.
c
in paragraph (6)—
i
for “(5)(b)” substitute “(5)”;
ii
for “grant an application unless the panel member or the relevant authority, as the case may be” substitute “treat the appeal as made in time unless the relevant authority”;
iii
in sub-paragraphs (a) and (b) omit “to the application”; and
iv
for “appeal to be made” to the end substitute “appeal notice to be submitted in accordance with Tribunal Procedure Rules.”;
d
in paragraph (7) for “applicant”, in each place, substitute “appellant”;
e
in paragraph (8)—
i
for “grant the application” substitute “treat the appeal as made in time”; and
ii
for the words “within which” to the end, substitute “limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.”;
f
in paragraph (9)—
i
for “grant an application” substitute “treat the appeal as made in time”;
ii
in sub-paragraph (a) for “these Regulations” substitute “Tribunal Procedure Rules”; and
iii
in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”; and
g
omit paragraphs (10) to (12).
162
1
Regulation 20 (making of appeals and applications) is amended as follows.
2
For the heading substitute “Notice of Appeal”.
3
For paragraph (1) substitute—
1
A notice of appeal made in accordance with Tribunal Procedure Rules must be made on a form approved by the relevant authority, or in such other format as the relevant authority may accept, and sent or delivered to the relevant authority.
4
For paragraph (2) substitute—
2
Except where paragraph (3) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the relevant authority to the sender for completion in accordance with the Tribunal Procedure Rules.
5
In paragraph (3)—
a
omit “or application”; and
b
for “paragraph (1)” substitute “Tribunal Procedure Rules”.
6
In paragraph (4)—
a
for “an appeal or application” substitute “a notice of appeal”;
b
after “the appeal” omit “or application”; and
c
for “paragraph (1)” substitute “Tribunal Procedure Rules”.
7
In paragraph (5) omit “or application”.
8
In paragraph (7)—
a
in sub-paragraph (a) for “a legally qualified panel member” substitute “the First-tier Tribunal”; and
b
in sub-paragraph (b)—
i
for “panel member” substitute “First-tier Tribunal”; and
ii
for the words “paragraph (1)” to the end, substitute “Tribunal Procedure Rules.”.
9
In paragraph (8) for “legally qualified panel member who” substitute “First-tier Tribunal which”.
10
In paragraph (9)—
a
for “the appeal” substitute “the notice of appeal”; and
b
for “clerk to an appeal tribunal or to a legally qualified panel member” substitute “First-tier Tribunal”.
163
Omit regulations 22 (composition of appeal tribunals) and 23 (procedure in connection with appeals).
Social Security (Contributions) Regulations 2001164
In regulation 1(2) of the Social Security (Contributions) Regulations 200180 (citation, commencement and interpretation)—
a
omit the definition of “the Commissioner”; and
b
in the definition of “official error” for “a Commissioner” substitute “the Upper Tribunal”.
Road User Charging (Enforcement and Adjudication) (London) Regulations 2001165
In the Schedule to the Road User Charging (Enforcement and Adjudication) (London) Regulations 200181 omit paragraph 8(4) (admission to a hearing).
Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
166
The Education (Special Educational Needs) (England) (Consolidation) Regulations 200182 are amended as follows.
167
In regulation 2(1) (interpretation) omit the definition of “Tribunal”.
168
In regulation 12(2)(b) and (4)(b) (time limits and prescribed information) for “Tribunal”, in each place, substitute “First-tier Tribunal”.
169
In regulation 16(e)(iii) and (f)(iii) (statement of special educational needs) for “Tribunal” substitute “First-tier Tribunal”.
170
In regulation 17 (time limits and prescribed information) for “Tribunal”, in each place, substitute “First-tier Tribunal”.
171
In regulation 25(1) (compliance with tribunal orders) for “Tribunal” substitute “First-tier Tribunal”.
172
In regulation 26(1) and (2) (compliance with parents’ requests when an authority concedes an appeal to the Tribunal) and in the heading of that regulation, for “Tribunal” substitute “First-tier Tribunal”.
173
In Parts A and B of Schedule 1—
a
for the first occurrence in each Part of “Special Educational Needs and Disability” substitute “First-tier”; and
b
in the paragraph in each Part starting “When you receive”—
i
in the first sentence for “Special Educational Needs and Disability Tribunal” substitute “First-tier Tribunal, which hears appeals in relation to decisions on assessments and statements of special educational needs”;
ii
for “within two months of getting the final statement” substitute “[insert here the time limit for appealing to the First-tier Tribunal]”;
iii
for “SENDIST, 2nd Floor Old Hall, Mowden Hall, Staindrop Road DL3 9BG” substitute “[insert here the address of the First-tier Tribunal]”;
iv
for “0870 241 2555” substitute “[insert here the telephone number of the First-tier Tribunal]”; and
v
for “http://www.sendist.gov.uk/” substitute “[insert here the address of the First-tier Tribunal’s website]”.
Race Relations Act 1976 (General Statutory Duty) Order 2001174
In the Schedule to the Race Relations Act 1976 (Statutory Duties) Order 200183 (bodies and other persons added after commencement of general statutory duty)—
a
omit the entry relating to “Council on Tribunals”; and
b
in the appropriate place under the title “Regulatory, audit and inspection” insert “Administrative Justice and Tribunals Council”.
Race Relations Act 1976 (Statutory Duties) Order 2001175
In Schedule 3 to the Race Relations Act 1976 (Statutory Duties) Order 200184 (bodies and other persons excepted by article 5(5)(B)) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
Seeds (National Lists of Varieties) Regulations 2001176
In regulation 16(4)(c)(ii) of the Seeds (National Lists of Varieties) Regulations 200185 (representations and hearings) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council ”.
Goods Vehicles (Enforcement Powers) Regulations 2001177
In regulation 11 of the Goods Vehicles (Enforcement Powers) Regulations 200186 (hearings) omit paragraph (7).
Social Security (Jobcentre Plus Interviews) Regulations 2002178
In regulation 15(3) of the Social Security (Jobcentre Plus Interviews) Regulations 200287 (appeals) for “an appeal tribunal” substitute “the First-tier Tribunal”.
Child Support Appeals (Jurisdiction of Courts) Order 2002
179
The Child Support Appeals (Jurisdiction of Courts) Order 200288 is amended as follows.
180
In article 3 for “an appeal tribunal” substitute “the First-tier Tribunal”.
181
For article 5 substitute—
5
Regulation 32 of Regulations and Rule 23 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 apply to appeals brought under this Order as if the word “Tribunal” is read as “court”.
Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002
182
The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 200289 are amended as follows.
183
In regulation 1(2) and (3) (application) for “Special Educational Needs and Disability Tribunal” substitute “tribunal”.
184
In regulation 2 (interpretation) for the definition of “the tribunal” substitute—
“the tribunal” means Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales referred to in section 333(1ZA) of the 1996 Act (constitution of welsh tribunal);
185
In regulation 3 (members of lay panel) for “the Secretary of State as respects England, or the National Assembly for Wales as respects Wales, is” substitute “the Welsh Ministers are”.
186
In regulation 4 (establishment of tribunals) for “Special Educational Needs and Disability Tribunal” substitute “tribunal”.
187
In regulation 30 (right of a member of the Council on Tribunals to attend a hearing held in private) omit paragraph (2)(f).
188
After regulation 39 (review of the President’s decision) insert—
Application for permission to appeal to the Upper Tribunal39A
1
A party seeking permission to appeal on a point of law under section 336ZB of the Education Act 1996 (appeal to the Upper Tribunal) must make a written application to the tribunal for permission to appeal.
2
An application under paragraph (1) must be sent or delivered to the Secretary of the Tribunal no later than 28 days after the latest of the dates that the Secretary of the Tribunal sent to the party making the application—
a
notification of the decision;
b
notification that an application for the decision to be reviewed has been unsuccessful; or
c
notification that the decision has been varied following a review.
3
An application under paragraph (1) must—
a
identify the decision to which it relates;
b
identify the alleged error or errors of law in the decision; and
c
state the result the party making the application is seeking.
4
The tribunal may give directions in relation to the determination of the application, and may make its decision on the application with or without a hearing.
5
The Secretary of the Tribunal must send written notification of the tribunal’s decision on the application to the parties as soon as practicable.
6
If the tribunal has refused the application the notification under paragraph (4) must also include—
a
the reasons for such refusal; and
b
notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.
7
The tribunal may give permission to appeal on limited grounds, but must comply with paragraph (6) in relation to any grounds on which it has refused permission.
189
In regulation 48(1), (2) and (3) (orders of the court), and in the title of that regulation, for “Court” substitute “Upper Tribunal or the Court”.
Tax Credits (Payments by the Commissioners) Regulations 2002190
In regulation 11 of the Tax Credits (Payments by the Commissioners) Regulations 2002 (postponement of payment)90—
a
in paragraphs (2) and (4), for “an appeal tribunal, a” substitute “the appropriate tribunal, the Upper Tribunal, the Northern Ireland”;
b
in paragraph (4)(b), for “an appeal tribunal” substitute “the appropriate tribunal”;
c
in paragraph (5) for “Appeal tribunal” substitute “Appropriate tribunal”; and
d
in paragraph (6) for “Social” substitute “Northern Ireland Social”.
Tax Credits (Appeals) Regulations 2002
191
Tax Credits (Appeals) Regulations 200291 are amended as follows.
192
In regulation 2 (interpretation)—
a
in the definition of “appeal tribunal” omit sub-paragraph (a) (and the following “or” and “(b)”); and
b
in the definition of “Social Security Commissioner” omit sub-paragraph (a) (and the following “and” and “(b)”).
193
In regulation 3 (application of section 54 of the Taxes Management Act 1970)—
a
in paragraphs (1) and (2) after “appeal tribunal” insert “or the First-tier Tribunal”; and
b
in paragraph (8), in the inserted subsection (6), omit sub-paragraph (a) (and the following “and” and “(b)”).
194
In regulation 4 (application of section 12 of the 1998 Act and article 13 of the 1998 Order)—
a
in paragraph (1) after “appeal tribunal”, in both places, insert “or the First-tier Tribunal”; and
b
in paragraph (2), in the substituted paragraph (1), for “an appeal tribunal” substitute “the First-tier Tribunal”.
195
In regulation 5(1) (application of section 13 of the 1998 Act and article 14 of the 1998 Order) after “appeal tribunal” insert “or the First-tier Tribunal”.
196
In regulation 6 (application of section 14 of the 1998 Act and article 15 of the 1998 Order)—
a
in paragraph (1)—
i
for “14(1) to (10)” substitute “14(2) to (6)”; and
ii
after “appeal tribunal” insert “or the First-tier Tribunal”; and
b
omit paragraph (2)(a).
197
In regulation 7—
a
in paragraph (1) omit “Section 14(11) and (12) of, and Schedule 4 to, the 1998 Act and”; and
b
in paragraph (2) omit “in subsection (11) of that section and”.
198
In regulation 8 (application of section 15 of the Social Security Act 1998)—
a
for “appeal from Commissioner on a point of law” substitute “applications for permission to appeal against a decision of the Upper Tribunal”; and
b
for “a Social Security Commissioner” substitute “the Upper Tribunal”.
199
For regulation 9(2) (application of section 16 of the 1998 Act or Article 16 of the 1998 Order) substitute—
2
Omit subsection (3) of section 16.
200
In regulation 10 (application of section 17 of the 1998 Act or article 17 of the 1998 Order)—
a
in paragraph (1) after “appeal tribunal” insert “the First-tier Tribunal, the Upper Tribunal”; and
b
in paragraph (2), in the substituted subsection (1)—
i
after sub-paragraph (b) insert—
c
any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007,
ii
for “an appeal tribunal or lies to a Commissioner” substitute “the First-tier Tribunal or lies to the Upper Tribunal”.
201
In regulation 11 (application of section 28 of the 1998 Act and article 28 of the 1998 Order)—
a
in the heading omit “section 28 of the 1998 Act and”;
b
in paragraph (1) omit “Section 28 of the 1998 Act and”;
c
omit paragraph (2); and
d
in paragraph (4) omit “subsection (1A) of that section and”.
202
In regulation 12(2)(a) (applications of section 39 of the 1998 Act and article 39 of the 1998 Order) for “after the definition of “appeal tribunal”” substitute “in the appropriate place”.
Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002203
For paragraph 11 of the Schedule to the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 200292 (procedure on an appeal) substitute—
11
Appeals shall be heard in private except when the local education authority direct otherwise; but if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel.
Tax Credits (Appeals) (No 2) Regulations 2002
204
The Tax Credits (Appeals) (No 2) Regulations 200293 are amended as follows.
205
In regulation 1(3) (citation, commencement, duration and interpretation) omit the definitions of—
a
“a case”;
b
“clerk to the appeal tribunal”;
c
“the date of notification”;
d
“decision”;
e
“financially qualified panel member”;
f
“legally qualified panel member”;
g
“medically qualified panel member”;
h
“panel”;
i
“panel member”;
j
“panel member with a disability qualification”;
k
“penalty determination”;
l
“penalty proceedings”; and
m
“President”.
206
In regulation 2 (service of notices or documents)—
a
in sub-paragraph (a) omit—
i
“to the clerk to the appeal tribunal or”; and
ii
“by the clerk of the appeal tribunal or”; and
b
in sub-paragraph (b) omit “the clerk to the appeal tribunal or”.
207
In regulation 3 (other persons with a right of appeal or a right to make an application for a direction) for “an appeal tribunal” substitute “the First-tier Tribunal”.
208
In regulation 4 (time within which appeal is to be brought) for “a legally qualified panel member” substitute “the First-tier Tribunal”.
209
In regulation 5 (late appeals)—
a
in paragraph (1)—
i
for “The time within which an appeal must be brought may be extended” substitute “The Board may treat a late appeal as made in time”; and
ii
for “(2)” substitute “(4)”;
b
omit paragraphs (2) and (3);
c
for paragraph (4) substitute—
4
An appeal may be treated as made in time if the Board is satisfied that it is in the interests of justice.
d
in paragraph (5)—
i
for “grant the application unless the panel member is, or the Board are, as the case may be,” substitute “treat the appeal as made in time unless the Board are”; and
ii
in sub-paragraphs (a) and (b) omit “to the application”;
e
in paragraph (6) for “applicant” substitute “appellant”;
f
in paragraph (7)—
i
for “grant an application” substitute “treat the appeal as made in time”; and
ii
for the words “making of the application” to the end substitute “submission of the notice of appeal, the more compelling should be the special circumstances.”;
g
in paragraph (8)—
i
for “grant an application” substitute “treat the appeal as made in time”; and
ii
in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”; and
h
omit paragraphs (9) to (11).
210
Omit regulations 6, 7 and 9 to 27 (procedure on appeal).
Child Benefit and Guardian’s Allowance Administration Regulations 2003211
In regulation 2 of the Child Benefit and Guardian’s Allowance Administration Regulations 200394 (interpretation) in the definition of “adjudicating authority”—
a
in sub-paragraph (b) omit “Chapter 1 of Part 1 of the Social Security Act 1998 or”;
b
in sub-paragraph (c) omit “within the meaning of section 39(1) of that Act or”; and
c
after sub-paragraph (c) insert—
d
the First-tier Tribunal or the Upper Tribunal;
Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003
212
The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 200395 are amended as follows.
213
In regulation 2(1) (interpretation)—
a
in the definition of “appeal tribunal” omit sub-paragraph (a) (and the following “(b)”);
b
in the definition of “clerk to the appeal tribunal” omit sub-paragraph (a) (and the following “(b)”);
c
in the definition of “Commissioner” omit sub-paragraph (a) (and the following “(b)”);
d
in the definition of “legally qualified panel member” omit sub-paragraph (a) (and the following “(b)”); and
e
in the definition of “panel” omit “section 6 or”.
214
In regulation 6(6)(b) (late application for revision of decisions) after “a Commissioner” insert “, the Upper Tribunal”.
215
In regulation 8 (Revision of decisions against which there has been an appeal)—
a
in paragraph (2)—
i
after “an appeal tribunal” insert “or the First-tier Tribunal”; and
ii
for “regulation 29 applies within the time prescribed by that regulation” substitute “regulations 29 and 29A apply within the time prescribed by those regulations”; and
b
in paragraph (3)(b), (c) and (d) after “an appeal tribunal” insert “or the First-tier Tribunal”.
216
In regulation 10(3) (revision of decisions arising from official error etc) after “a Commissioner” insert “, the Upper Tribunal”.
217
In regulation 13(2)(c) (cases and circumstances in which superseding decisions may be made) after “an appeal tribunal” insert “the First-tier Tribunal, the Upper Tribunal”.
218
In regulation 16 (date as from which superseding decisions take effect)—
a
in paragraphs (7) and (8) after “an appeal tribunal”, in each place, insert “the First-tier Tribunal, the Upper Tribunal”;
b
in paragraph (8) after “determination of” insert “the Upper Tribunal,”; and
c
in paragraph (9A) after “a Commissioner” insert “, the Upper Tribunal”.
219
In regulation 17(6)(b) (effective date for late notifications of change of circumstances) after “a Commissioner” insert “, the Upper Tribunal”.
220
In regulation 18 (suspension in prescribed cases)—
a
in paragraph (3)—
i
in sub-paragraph (a) after “an appeal tribunal,” insert “the First-tier Tribunal, the Upper Tribunal,”; and
ii
in sub-paragraph (b) after “a Commissioner” insert “, the Upper Tribunal”;
b
in paragraph (4)—
i
after “where an appeal tribunal,” insert “the First-tier Tribunal, the Upper Tribunal,”;
ii
in sub-paragraphs (a), (b) and (c) after “appeal tribunal” insert “or First-tier Tribunal”; and
iii
in sub-paragraph (c) after “leave”, in both places, insert “or permission”; and
c
in paragraph (5)—
i
in sub-paragraph (a) after “appeal tribunal” insert “or First-tier Tribunal”; and
ii
in sub-paragraph (b) after “leave” insert “or permission”.
221
In regulation 21 (making of payments which have been suspended)—
a
in paragraph (3)—
i
in sub-paragraph (a) after “an appeal tribunal” insert “or the First-tier Tribunal”;
ii
in sub-paragraph (b) after “an appeal tribunal,” insert “the First-tier Tribunal, the Upper Tribunal”; and
iii
in sub-paragraphs (b) to (d) after “leave”, in each place, insert “or permission”; and
b
in paragraph (4)—
i
after “Commissioner” insert “, the Upper Tribunal”; and
ii
after “leave”, in each place, insert “or permission”.
222
In regulation 23 (appeals involving issues that arise on appeal in other cases) after “leave” insert “or permission”.
223
In regulation 25(1) (decisions against which no appeal lies) after “appeal tribunal” insert “or to the First-tier Tribunal”.
224
In regulation 28—
a
in paragraph (1) after “appeal tribunal” insert “or the First-tier Tribunal”;
b
in paragraph (3) after “member” insert “or, as the case may be, the First-tier Tribunal”; and
c
in paragraph (4) after “29” insert “or, as the case may be, regulation 29A”.
225
In regulation 29 (late appeals)—
a
in the heading after “appeals” insert “to the appeal tribunal”; and
b
in paragraph (1) after “brought” insert “to an appeal tribunal”.
226
After regulation 29 (late appeals to an appeal tribunal) insert—
29ALate appeals to the First-tier Tribunal
In respect of an appeal to the First-tier Tribunal, the Board may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the Board is satisfied that it is in the interests of justice, but no appeal shall in any event be brought more than one year after the expiration of the last day for appealing under regulation 28.
227
In regulation 30 (interests of justice)—
a
in paragraph (1)—
i
after “29” insert “and regulation 29A”;
ii
after “grant an application” substitute “or, as the case may be, treat the appeal as made in time”;
iii
omit “under that regulation”; and
iv
in sub-paragraphs (a) and (b) omit “to the application”.
b
in paragraph (4)—
i
after “29” insert “or, as the case may be, treat the appeal as made in time under regulation 29A”; and
ii
after “making of the application” insert “or, as the case may be, submission of a notice of appeal”; and
c
in paragraph (5)—
i
after “29” insert “or, as the case may be, treat the appeal as made in time under regulation 29A”; and
ii
in sub-paragraph (b) after “a Commissioner” insert “, the Upper Tribunal”.
228
In regulation 31 (making of appeals or applications)—
a
after paragraph (1) insert—
1A
A notice of appeal to the First-tier Tribunal made in accordance with Tribunal Procedure Rules must be made on a form approved by the Board, or in such other format as the Board may accept.
1B
Except where paragraph (3) applies, in respect of an appeal to the First-tier Tribunal, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Board to the sender for completion in accordance with the Tribunal Procedure Rules.
b
in paragraph (2) for “An Approved” substitute “In respect of an appeal to the appeal tribunal an approved”;
c
in paragraphs (3) and (4) after “paragraph (1)” insert “or, as the case may be, Tribunal Procedure Rules”;
d
in paragraph (7)—
i
after “panel member who” insert “, or, as the case may be, the First-tier Tribunal which,”; and
ii
in sub-paragraph (a) after “paragraph (1)” insert “or, as the case may be, Tribunal Procedure Rules”; and
e
in paragraph (8) after “panel member who” insert “, or, as the case may be, First-tier Tribunal which,”.
229
In regulation 32 (discontinuing action on appeals)—
a
after “appeal to an appeal tribunal” insert “or to the First-tier Tribunal”; and
b
in sub-paragraph (a) after “panel member” insert “or, as the case may be, the First-tier Tribunal”.
Education (Prohibition from Teaching or Working with Children) Regulations 2003
230
The Education (Prohibition from Teaching or Working with Children) Regulations 200396 are amended as follows.
231
In regulation 2 (interpretation) omit the definition of “Tribunal”.
232
In regulation 10(1), (2) and (3) (review by the tribunal), and in the title of that regulation, for “Tribunal” substitute “First-tier Tribunal”.
233
In regulation 10A(2) and (3) for “Tribunal” substitute “First-tier Tribunal”.
234
In regulation 11(1) and (5) for “Tribunal” substitute “First-tier Tribunal”.
235
In regulation 12(1) (appeals) for “Tribunal” substitute “First-tier Tribunal”.
236
In regulation 13(1) and (2) (the tribunal’s powers), and in the title of that regulation, for “Tribunal” substitute “First-tier Tribunal”.
Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003237
In regulation 14(3) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 200397 (appeals) for “an appeal tribunal” substitute “the First-tier Tribunal”.
Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003238
For regulation 21 of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 200398 (attendance by member of Council on Tribunals) substitute—
Attendance by member of Administrative Justice and Tribunals Council21
A member of the Administrative Justice and Tribunals Council, who is acting in that capacity, may attend any inspection for which any necessary consent has been obtained.
Social Security (Incapacity Benefit Work -focused Interviews) Regulations 2003239
In regulation 12(3) of the Social Security (Incapacity Benefit Work - focused Interviews) Regulations 200399 (appeals) for “(appeal to appeal tribunal) to an appeal tribunal” substitute “(appeal to First-tier Tribunal) to the First-tier Tribunal”.
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
240
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004100 are amended as follows.
241
In regulation 2(1) (interpretation)—
a
omit the definition of “chairman”;
b
after the definition of “Employment Act” insert—
“Employment Judge” has the meaning given in section 3A of the Employment Tribunals Act;
c
in the definitions of “Employment Tribunal Office”, “Regional Chairman”, and “tribunal” for “chairman”, in each place, substitute “Employment Judge”;
d
in the definition of “hearing”—
i
for “a chairman” substitute “an Employment Judge; and
ii
for “the chairman” substitute “the Employment Judge”; and
e
in the definitions of “panel of chairmen” and “Regional Chairman” for “chairmen” substitute “Employment Judges”.
242
In regulation 3 (overriding objective)—
a
in paragraph (1) for “chairmen” substitute “Employment Judges”; and
b
in paragraphs (3) and (4) for “chairman” substitute “Employment Judge”.
243
In regulation 4(1) and (2) (President of employment tribunals) for “chairmen” substitute “Employment Judges”.
244
In regulation 5(2) (establishment of employment tribunals)—
a
for “Chairman” substitute “Employment Judge”; and
b
for “chairmen” substitute “Employment Judges”.
245
In regulation 6 (regional chairmen)—
a
for “chairmen”, in each place (including the heading), substitute “Employment Judges”; and
b
for “chairman”, in each place, substitute “Employment Judge”.
246
In regulation 7 (Vice President) for “chairmen”, in each place, substitute “Employment Judges”.
247
In regulation 8(3)(a), (4) and (5) (panels of members of tribunals – general) for “chairmen” substitute “Employment Judges”.
248
In regulation 9 (composition of tribunals - general)—
a
in paragraph (1) for “chairmen” substitute “Employment Judges”;
b
in paragraphs (1) and (2) for “a chairman” substitute “an Employment Judge”; and
c
in paragraphs (1) to (4) for “chairman” in each place, substitute “Employment Judge”.
249
In regulation 10(a) (panels of members of tribunals – national security proceedings) for “chairmen”, in both places, substitute “Employment Judges”.
250
In regulation 11 (composition of tribunals – national security proceedings)—
a
for “Chairman”, in each place, substitute “Employment Judge”; and
b
for “a chairman”, in each place, substitute “an Employment Judge”.
251
In regulation 13 (practice directions) for “chairmen” substitute “Employment Judges”.
252
In regulation 15(1) and (4) (calculation of time) for “a chairman” substitute “an Employment Judge”.
253
In regulation 16(2) (application of Schedules 1 - 5 to proceedings) for “a chairman” substitute “an Employment Judge”.
254
In regulation 17(2) (register) for “chairman” substitute “Employment Judge”.
255
In Schedule 1 (the employment tribunal rules of procedure)—
a
in the headings of rules 12 and 31 for “chairman” substitute “Employment Judge”;
b
in rules 1(8), 3(3), (7) and (8), 6(3) and (6), 7(2), 8(1),(2)(b) and (4), 10(1), 11(2) and (6), 12, 13(1), 14(1), 17(1), 18(1), (3), (4) and (7), 19(1), 20(1) and (4), 22(8), 23(2), 25(5), 27(7), 28(2), 30(5), 33(1), (3) and (5), 34(1), 35(1), 36(3), 46(2), 50(1) and (3), 52(b), 60(2) and 61(1) for “a chairman”, in each place, substitute “an Employment Judge”;
c
in rules 3(3), (4), (5) and (9), 4(4), 6(3) to (5), 8(3), 10(1), (2)(f), (k) and (r) and (8), 11(2) and (3), 14(2), (3) and (6), 15(1), 16, 18(2), (5), (7)(f) and (9), 19(1), 20(1) to (3) and (4)(b), 23(2), 27(1), 28(3) and (4), 29(1), 30(1), (2), (4) and (6)(a), 31, 32(2), 33(4), (6) and (7), 34(5), 35(3) and (4), 36, 37(1), 38(1), (2), (7), (9) and (10), 39(1), 40(1), (2) and (4), 41(2), 42(1), (5), (7) and (8), 43(1), 44(1), (2) and (4), 45(1), (2) and (3), 46, 47(1) and (2)(b), 48(1), (2), (6), (7) and (9), 49, 50(2), (6) to (10), 52, 54 , 55(1), 57(1) and (3), 58, 60(1) and 61(4)(h)(ii) and (6) for “chairman”, in each place, substitute “Employment Judge”;
d
in rules 13(3) and 28(1) for “Chairmen” substitute “Employment Judges”; and
e
in rule 16(2) omit the words from “A member of the Council on Tribunals” to the end.
256
In Schedule 2 (the employment tribunal (national security) rules of procedure)—
a
in rules 6(1) and 10(3) for “a chairman”, in each place, substitute “an Employment Judge”;
b
in rules 3(1)(b), (2) and (3), 4(2), 6, 8(1), (3) to (5) and (7), 9 and 10(1), (3) and (4) for “chairman”, in each place, substitute “Employment Judge”; and
c
in rule 9(2) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
257
In rule 8(1) of Schedule 3 (the employment tribunals (levy appeals) rules of procedure)—
a
for “a chairman” substitute “an Employment Judge”; and
b
for “the chairman” substitute “the Employment Judge”.
258
In Schedule 4 (the employment tribunals (health and safety – appeals against improvement and prohibition notices) rules of procedure)—
a
in rule 7(1) for “a chairman” substitute “an Employment Judge”; and
b
in rules 6(3) and (4), 7, 8, 9(3) and 10(1) and (4) for “chairman”, in each place, substitute “Employment Judge”.
259
In Schedule 6 (the employment tribunals (equal value) rules of procedure)—
a
in rules 6(3)(d), 10(2)(b) and (e), 11(5) and 13(3) for “a chairman”, in each place, substitute “an Employment Judge”; and
b
in rules 3(1), 5(1)(c), 6(2) and (3), 10(2)(d) and 12(2) for “chairman”, in each place, substitute “Employment Judge”.
Child Trust Funds (Non-tax Appeals) Regulations 2005
260
The Child Trust Funds (Non-tax Appeals) Regulations 2005101 are amended as follows.
261
In regulation 2 (interpretation)—
a
in the definition of “appeal tribunal” omit (a) (and the following “(b)”);
b
in the definition of “child trust fund appeal” after “Commissioner” insert “or to the First-tier Tribunal or lies to the Upper Tribunal”; and
c
in the definition of “Social Security Commissioner” omit sub-paragraph (a) (and the following “(b)”).
262
In regulation 3(1) (prescribed manner of notice of appeal) after “notice of appeal” insert “, in respect of an appeal to an appeal tribunal,”.
263
In regulation 4 (application of section 54 of the Taxes Management Act 1970)—
a
in paragraphs (1) and (2) after “appeal tribunal” insert “or the First-tier Tribunal”; and
b
in paragraph (6), in the inserted subsection (6), omit paragraph (a) (and the following “(b)”).
264
In regulation 5 (application of sections 5 to 7 of and Schedule 1 to the 1998 Act or articles 6 to 8 of and Schedule 1 to the 1998 Order)—
a
in the heading omit “sections 5 to 7 and Schedule 1 to the 1998 Act or”;
b
in paragraph (1) omit “Sections 5 to 7 and paragraphs 7, 11 and 12 of Schedule 1 to the 1998 Act or, in Northern Ireland,”; and
c
omit paragraph (2).
265
In regulation 6(1) (application of section 12 of the 1998 Act or article 13 of the 1998 Order) after “an appeal tribunal”, in both places, insert “or the First-tier Tribunal”.
266
In regulation 7 (application of section 13 of the 1998 Act or article 14 of the 1998 Order) after “appeal tribunal” insert “or the First-tier Tribunal”.
267
In regulation 8 (application of section 14 of the 1998 Act or article 15 of the 1998 Order)—
a
in paragraph (1)—
i
for “14(1) to (10)” substitute “14(2) and (3)”;
ii
after “Commissioner” insert “or the Upper Tribunal”; and
iii
after “an appeal tribunal” insert “or the First-tier Tribunal”; and
b
in paragraph (2)—
i
in sub-paragraph (a) for “(1)” substitute “(3)”;
ii
at the end of sub-paragraph (c) insert “and”;
iii
for sub-paragraph (d) substitute—
d
omit subsections 3(c) and (d).
iv
omit sub-paragraph (e).
268
In regulation 9 (application of section 14(11) and (12) of and Schedule 4 to the 1998 Act or article 15(11) to (13) of the 1998 Order)—
a
in the heading omit “section 14(11) and (12) of and Schedule 4 to the 1998 Act or”;
b
in paragraph (1) omit “Section 14(11) and (12) of, and Schedule 4 to, the 1998 Act, or, in Northern Ireland,”; and
c
in paragraph (2) omit “section 21(9) of the Act as modified by section 24(2) of the Act in subsection 11 of section 14 and”.
269
In regulation 10 (application of section 15 of the 1998 Act)—
a
for “appeal from Commissioner on point of law” substitute “Applications for permission to appeal against a decision of the Upper Tribunal”; and
b
for “a Social Security Commissioner” substitute “the Upper Tribunal”.
270
For regulation 11(2) (application of section 16 of the 1998 Act or article 16 of the 1998 Order) substitute—
2
Omit subsection (3) of section 16.
271
In regulation 12 (application of section 17 of the 1998 Act or article 17 of the 1998 Order)—
a
in paragraph (1) after “appeal tribunal” insert “, the First-tier Tribunal, the Upper Tribunal”;
b
in paragraph (2), in the substituted section 17(1)—
i
at the end of sub-paragraph (a) omit “and”;
ii
at the end of sub-paragraph (b) insert “and”;
iii
after sub-paragraph (b) insert—
c
any provisions made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007 (c.15)
iv
for “an appeal tribunal or lies to a Commissioner” substitute “the First-tier Tribunal or lies to the Upper Tribunal”.
272
In regulation 13 (application of section 28 of the 1998 Act or article 28 of the 1998 Order)—
a
in the heading omit “section 28 of the 1998 Act or”;
b
in paragraph (1) omit “Section 28 of the 1998 Act (“section 28”) or, in Northern Ireland,”;
c
in paragraph (2) omit “subsection (1A) of section 28 and”; and
d
omit paragraph (3).
273
In regulation 14(2) (application of section 39 of the 1998 Act or article 39 of the 1998 Order) in the definition of “child trust fund appeal” inserted into section 39 for “an appeal tribunal or lies to a Social Security Commissioner” substitute “the First-tier Tribunal or lies to the Upper Tribunal”.
274
Omit regulation 15(2)(a) (application of sections 79, 80 and 84 of the 1998 Act or Articles 74 and 75 of the 1998 Order).
Asylum and Immigration Tribunal (Procedure) Rules 2005275
In rule 54 of the Asylum and Immigration Tribunal (Procedure) Rules 2005102 (admission of public to hearings) omit paragraph (5).
Armed Forces and Reserve Forces (Compensation Scheme) Order 2005
276
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005103 is amended as follows.
277
In article 2 (interpretation) after the definition of “additional multiple injury lump sum” insert—
“appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943;
278
In article 13(b)(iv) (interpretation of Part 3) after “Commissioner” insert “, the First-tier Tribunal, the Upper Tribunal”.
279
In article 15B(6)(d) (additional multiple injury lump sum) after “Commissioner” insert “, the First-tier Tribunal, the Upper Tribunal”.
280
In article 43(3)(b) (decisions) for “a Pension Appeal Tribunal” substitute “the appropriate tribunal”.
281
In article 45 (reconsideration)—
a
in paragraph (4) for “a Pension Appeal Tribunal” substitute “the appropriate tribunal”;
b
in paragraph (5) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”; and
c
in paragraph (6) for “Pensions Appeal Tribunal” substitute “appropriate tribunal”.
282
In article 47(3)(b) (review on discharge on medical grounds) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.
283
In article 48(6)(b) (review - exceptional circumstances) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.
284
In article 49(4)(b) (review-ignorance or mistake) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.
285
In article 54(3)(d) (date on which awards of benefit become payable) after “Commissioner” insert “, the First-tier Tribunal, the Upper Tribunal”.
286
In article 56 (suspension - Pensions Appeal Tribunal)—
a
in the heading omit “Pensions Appeal Tribunal” substitute “an appropriate tribunal”;
b
in paragraphs (1), (4) and (5) for “a Pensions Appeal Tribunal”, in each place, substitute “an appropriate tribunal”;
c
in paragraph (5) for “the Pensions Appeal Tribunal” substitute “the appropriate tribunal”;
d
in paragraph (6)—
i
for “a Pensions Appeal Tribunal”, in both places, substitute “an appropriate tribunal”; and
ii
for “an appropriate Commissioner” substitute “a Commissioner or the Upper Tribunal, as the case may be”; and
e
in paragraph (7)(b) after “that Act” insert “or section 11 of the Tribunals, Courts and Enforcement Act 2007”.
287
1
Article 57 (suspension - Social Security Commissioner) is amended as follows.
2
In the heading after “Commissioner” insert “and Upper Tribunal”.
3
In paragraph (1)—
a
for “an appropriate” substitute “a”; and
b
after “1943” insert “or, as the case may be, the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act 2007 (c.15)”.
4
In paragraph (5)—
a
for “an appropriate” substitute “a”; and
b
after “1943” insert “or, as the case may be, the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act (c.15)”.
5
In paragraph (6)—
a
in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals Courts and Enforcement Act (c.15)”;
b
in sub-paragraph (b) for “that Act” substitute “the 1943 Act or an application for permission to appeal under section 13(4) of the 2007 Act”; and
c
in sub-paragraph (e)—
i
for “an appropriate” substitute “a”; and
ii
omit “a Great Britain Social Security Commissioner or”.
Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005288
In regulation 27 of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005104 (meetings of the Reconsideration Committee) for “Council on Tribunals”, in both places, substitute “Administrative Justice and Tribunals Council”.
Pension Protection Fund (PPF Ombudsman) Order 2005289
In article 7(2)(k) of Pension Protection Fund (PPF Ombudsman) Order 2005105 (restrictions on the disclosure of information) for “Council on Tribunals”, in both places, substitute “Administrative Justice and Tribunals Council”.
Child Trust Funds (Appeals) Regulations 2005
290
The Child Trust Funds (Appeals) Regulations 2005106 are amended as follows.
291
1
Regulation 1 (citation, commencement, duration and interpretation) is amended as follows.
2
In paragraph (3)—
a
in the definition of “appeal” for “an appeal tribunal” substitute “the First-tier Tribunal”; and
b
omit the definitions of—
i
“clerk to the appeal tribunal”;
ii
“decision notice”;
iii
“financially qualified panel member”;
iv
“legally qualified panel member”; and
v
“the President”.
3
Omit paragraph (4).
292
In regulation 2 (service of notices or documents)—
a
in sub-paragraph (a) omit—
i
“the clerk to the appeal tribunal or to”; and
ii
“the clerk to the appeal tribunal or by”; and
b
in sub-paragraph (b) omit “the clerk to the appeal tribunal or”.
293
In regulation 3 (disputes about notices of appeal) for “a legally qualified panel member” substitute “the First-tier Tribunal”.
294
In regulation 4 (late appeals)—
a
in paragraph (1) for “(2) to (8) are satisfied, an appeal may be” substitute “(4) to (8) are satisfied, the Board may treat an appeal as made in time where an appeal is”;
b
omit paragraphs (2) and (3);
c
for paragraph (4) substitute—
4
The Board must not treat the appeal as made in time unless the Board is satisfied that it is in the interests of justice.
d
in paragraph (5)—
i
for “grant an application unless the panel member is, or the Board are, as the case may be,” substitute “treat the appeal as made in time unless the Board are”; and
ii
in sub-paragraphs (a) and (b) omit “to the application”;
e
in paragraph (6) for “applicant”, in each place, substitute “appellant”;
f
in paragraph (7)—
i
for “grant the application” substitute “treat the appeal as made in time”; and
ii
for the words “making of the application” to the end substitute “submission of the notice of appeal, the more compelling should be the special circumstances.”;
g
in paragraph (8)—
i
for “grant an application” substitute “treat the appeal as made in time”;
ii
in sub-paragraph (a) for “applicant” substitute “appellant”; and
iii
in sub-paragraph (b) for “a Social Security Commissioner” substitute “the Upper Tribunal”; and
h
omit paragraphs (9) and (10).
295
Omit regulations 6 to 25.
Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005
296
The Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005107 are amended as follows.
297
In regulation 12(2)(b) (inspection of property and neighbourhood), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
298
In regulation 26 (persons entitled to be present at a hearing held in private) omit paragraph (1)(b).
Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005299
In regulation 14 of the Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005108 (Council on Tribunals) for “Council on Tribunals” in each place (including the heading) substitute “Administrative Justice and Tribunals Council”.
Bus Lane Contraventions (Penalty charges, Adjudication and Enforcement) (England) Regulations 2005300
In regulation 20(4) of the Bus Lane Contraventions (Penalty charges, Adjudication and Enforcement) (England) Regulations 2005109 (procedure at a hearing) substitute—
4
Any other adjudicator shall be entitled to attend the hearing of an appeal whether or not it is in private.
Financial Assistance Scheme (Appeals) Regulations 2005
301
The Financial Assistance Scheme (Appeals) Regulations 2005110 are amended as follows.
302
In regulation 21 (Council on Tribunals) for “Council on Tribunals”, in each place (including the heading), substitute “Administrative Justice and Tribunals Council”.
303
In regulation 28 paragraph (3)(l) (restriction on use of documents and information provided for investigations) for “Council on Tribunals” in both places, substitute “Administrative Justice and Tribunals Council”.
Victims of Violent Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005
304
The Victims of Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005111 are amended as follows.
305
For regulation 4(1)(b) (designation of deciding authorities) for “Criminal Injuries Compensation Appeals Panel” substitute “First-tier Tribunal”.
306
In regulation 11(2) (hearing of the applicant for compensation)—
a
for “Criminal Injuries Compensation Appeals Panel”, in both places, substitute “First-tier Tribunal”; and
b
for “Criminal Injuries Compensation Scheme 2001”, in both places, substitute “Tribunal Procedure Rules”.
Public Contracts Regulations 2006307
In Schedule 1 to the Public Contracts Regulations 2006112 (GPA annex 1 contracting authorities) omit the first entry relating to the Pensions Appeal Tribunals.
Child Benefit (General) Regulations 2006308
In regulation 38 of the Child Benefit (General) Regulations 2006113 (exception to rules preventing duplicate payment)—
a
in paragraph (2)(b) omit “section 7 of the Social Security Act 1998 or”;
b
in paragraph (2)(c) omit “section 16(7) of the Social Security Act 1998 or”; and
c
after paragraph 2(c) insert—
d
the First-tier Tribunal;
e
the Upper Tribunal.
Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006
309
The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006114 is amended as follows.
310
In article 43(a) (certification) after “1943” insert “or established under the Tribunals, Courts and Enforcement Act 2007 (c.15)”.
311
In article 44(3) (review of decisions, assessments and awards) after “1943” insert “or the First-tier Tribunal”.
312
1
Article 61 (suspension in individual cases - pensions appeal tribunal) is amended as follows.
2
In the heading, omit “Pensions Appeal”.
3
In paragraphs (1), (4) and (5) for “a Pensions Appeal Tribunal”, in each place, substitute “an appropriate tribunal”.
4
In paragraph (5) for “the Pensions Appeal Tribunal” substitute “the appropriate tribunal”.
5
In paragraph (6)—
a
for “a Pensions Appeal Tribunal”, in both places, substitute “an appropriate tribunal”; and
b
for “an appropriate Commissioner” substitute “a Commissioner or the Upper Tribunal, as the case may be”.
6
In paragraph (8)—
a
in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15);
b
in sub-paragraph (b) for “leave to appeal under Part 52” substitute “permission to appeal in accordance with Tribunal Procedure Rules or under Part 52”;
c
after sub-paragraph (b) insert—
ba
“appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943;
d
in sub-paragraph (c)—
i
for “an appropriate” substitute “a”; and
ii
omit “a Great Britain Social Security Commissioner or”.
313
In article 62 (suspension - Social Security Commissioner)—
a
in the heading after “Commissioner” insert “and Upper Tribunal”;
b
in paragraphs (1) and (5)—
i
for “an appropriate” substitute “a”; and
ii
after “1943” insert “or, as the case may be, the Upper Tribunal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)”; and
c
in paragraph (6)—
i
in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)”;
ii
in sub-paragraph (b) for “that Act” substitute “the Pensions Appeal Tribunals Act 1943 or an application for permission to appeal under section 13(4) of the Tribunals, Courts and Enforcement Act 2007 (c.15)”; and
iii
in sub-paragraph (e) for “an appropriate” substitute “a”.
314
In Schedule 3 (commencing dates of awards)—
a
in paragraph 3 after “Commissioners”, in each place, insert “or the Upper Tribunal”; and
b
after paragraph 11 insert—
12
Paragraphs 4 and 8 apply to a decision of the First-tier Tribunal that a decision made by it be treated as set aside as they apply to a decision of the President of the Pensions Appeals Tribunal that the decision of a Pensions Appeal Tribunal be treated as set aside.
Residential Property Tribunal Procedure (England) Regulations 2006
315
The Residential Property Tribunal Procedure (England) Regulations 2006115 are amended as follows.
316
In regulation 21(2)(b) (inspection of premises and neighbourhood), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
317
In regulation 29 (persons entitled to be present at a hearing held in private) omit paragraph (1)(b).
Registered Design Rules 2006318
In rule 20 of the Registered Design Rules 2006116 (hearings in public) omit paragraph (6).
Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No 11) Order 2006319
In article 4 of the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No 11) Order 2006117 (saving provisions)—
a
in paragraph (1) after “28th January 2007” insert “subject to paragraph (3)”; and
b
after paragraph (2) insert—
3
The reference in section 8(6)(a) to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 is to be read as a reference to the First-tier Tribunal.
Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006
320
The Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006118 are amended as follows.
321
In regulation 1(3) (citation, commencement, application and interpretation) omit the definitions of—
a
“appeal tribunal”;
b
“clerk to the appeal tribunal”;
c
“Commissioner”;
d
“legally qualified panel member”; and
e
“medically qualified panel member”.
322
In regulation 4 (waiver applications and appeals)—
a
for paragraph (4) substitute—
4
An appeal against a waiver decision made in accordance with Tribunal Procedure Rules must be made on a form approved by the Secretary of State and sent to the Compensation Recovery Unit.
b
omit paragraph (5).
323
In regulation 5 (appeals against certificates)—
a
for paragraph (1) substitute—
1
An appeal against a certificate made in accordance with Tribunal Procedure Rules must be made on a form approved by the Secretary of State and sent to the Compensation Recovery Unit.
b
omit paragraph (4).
324
In regulation 6 (appeals general)—
a
in paragraphs (1) and (2) for “under regulations 4(5) or 5(4), as the case may be” substitute “by Tribunal Procedure Rules”;
b
in paragraph (3) for “regulations 4(4) or 5(1), as the case may be” substitute “Tribunal Procedure Rules”;
c
in paragraph (5)(a) for “a legally qualified panel member” substitute “the First-tier Tribunal”;
d
in paragraph (5)(b)—
i
for “that panel member” substitute “the First-tier Tribunal”; and
ii
omit “, and shall inform the appellant, and the Secretary of State of his decision”; and
e
omit paragraph (6).
325
1
Regulation 7 (extension of time for appealing) is amended as follows.
2
For paragraphs (1) to (3) substitute—
1
The Secretary of State may treat an appeal as made in time, even though the time prescribed by Tribunal Procedure Rules has expired, if the Secretary of State is satisfied that it is in the interests of justice.
3
In paragraph (4)—
a
for “(3)” substitute “(1)”;
b
for “grant an application unless the person determining the application is satisfied that” substitute “treat the appeal as made in time unless”;
c
in sub-paragraph (b)—
i
for “, as the case may be, by regulation 4 or 5” substitute “by Tribunal Procedure Rules”; and
ii
for “application for extension of time” substitute “notice of appeal is submitted”; and
d
in sub-paragraph (c) for “applicant’s” substitute “appellant’s”.
4
In paragraph (5)—
a
for “for granting an application for an extension of time for making an appeal under paragraph (1) the person determining the application shall have regard” substitute “to treat the appeal as made in time under paragraph (1) regard shall be had”; and
b
for “making of the application” to the end substitute “submission of the notice of appeal, the more cogent should be the special reasons.”.
5
In paragraph (6)—
a
for “for granting an application for an extension of time for making an appeal” substitute “to treat the appeal as made in time”;
b
in sub-paragraph (a)—
i
for “applicant” substitute “appellant”; and
ii
for “regulations 4 or 5” substitute “Tribunal Procedure Rules”; and
c
in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”.
6
Omit paragraphs (7) and (8).
7
For paragraph (9) substitute—
9
An appellant shall be notified of a decision made under this regulation.
8
Omit paragraphs (10) to (12).
326
For regulation 8 (general provisions relating to the procedure for appeals) substitute—
General provision relating to the procedure for appeals8
Regulation 34 of the Social Security Regulations shall apply in relation to an appeal as it applies to an appeal to the First-tier Tribunal under section 12 of the Social Security Act 1998, except that a reference to a party to the proceedings means the person to whom the certificate was issued.
327
Omit regulation 9 (consolidation of appeals).
Scottish Parliament (Disqualification) Order 2007328
In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2007119 (office-holders disqualified from being a member of the Scottish Parliament)—
a
omit the entries for—
i
“Any member of the Council on Tribunals”;
ii
“Any member of the Scottish Committee of the Council of Tribunals”;
iii
“Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995”; and
iv
“Chief Asylum Support Adjudicator, Deputy Chief Asylum Support Adjudicator and any other adjudicator appointed under paragraph 1 of Schedule 10 to the Immigration and Asylum Act 1999”; and
b
after the entry for Accounts Commission for Scotland insert “Any member of the Administrative Justice and Tribunals Council or the Scottish Committee of the Administrative Justice and Tribunals Council”.
Tax Credits (Child Care Providers) (Miscellaneous Revocation and Transitional Provisions) (England) Scheme 2007329
Article 4 of the Tax Credits (Child Care Providers) (Miscellaneous Revocation and Transitional Provisions) (England) Scheme 2007120 (revocation of the 2005 Scheme and transitional provision) is amended as follows—
a
in paragraph (2) after “effect” insert “, with the modifications in paragraph (3),”; and
b
after paragraph (2) insert—
3
For the purposes of paragraph (2) the 2005 Scheme is amended as follows—
a
in article 2 omit the definitions of “the Tribunal” and “the Tribunal Regulations”;
b
in article 11—
i
in paragraphs (1) and (5) for “Tribunal” substitute “First-tier Tribunal”;
ii
for paragraph (2) substitute—
2
Tribunal Procedure Rules shall apply to an appeal under paragraph (1) as they apply to an appeal under section 79M of the 1989 Act.
c
omit paragraphs (3) and (4).
European Communities (Recognition of Professional Qualifications) Regulations 2007330
In Schedule 5 to the European Communities (Recognition of Professional Qualifications) Regulations 2007121 (appeal bodies) for “Care Standards Tribunal”, in each place, substitute “First-tier Tribunal”.
Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007331
In article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007122 (list of tribunals)—
a
omit the following entries—
i
Adjudicators under section 5 of the Criminal Injuries Compensation Act 1995;
ii
Asylum Support Adjudicators;
iii
Pensions Appeal Tribunals for England and Wales;
iv
Special Educational Needs and Disability Tribunal; and
v
Tribunal under section 9 of the Protection of Children Act 1999; and
b
for “Mental Health Review Tribunals for England and Wales” substitute “Mental Health Review Tribunal for Wales”.
Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008
332
The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008123 is amended as follows.
333
In article 1(2) (citation, commencement and interpretation) omit the definition of “Tribunal”.
334
In article 2(5) and (6) (inclusion in the children’s barred list: persons disqualified from working with children) for “Tribunal”, in each place, substitute “Upper Tribunal”.
335
In article 4(5) and (6) (inclusion in the adults’ barred list: persons considered unsuitable to work with vulnerable adults) for “Tribunal”, in each place, substitute “Upper Tribunal”.
Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008
336
The Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008124 are amended as follows.
337
In regulation 1 (citation, commencement and interpretation) omit the definition of “Tribunal”.
338
In regulation 4(2)(b) (the minimum barred period: persons included in the list maintained under section 1 of the Protection of Children Act 1999) for “Tribunal” substitute “Upper Tribunal”.
339
In regulation 5(2)(b) (the minimum barred period: persons subject to disqualification orders) for “Tribunal” substitute “Upper Tribunal”.
340
In regulation 6(2)(b) (the minimum barred period: persons subject to directions made under section 142(1) of the Education Act 2002) for “Tribunal” substitute “Upper Tribunal”.
341
In regulation 8(4)(b) (the minimum barred period: persons subject to previous restrictions (adults’ barred list)) for “Tribunal” substitute “Upper Tribunal”.
Employment and Support Allowance Regulations 2008342
For regulation 40(2)(b)(ii) of the Employment and Support Allowance Regulations 2008125 (a claimant who works to be treated as not entitled to an employment support allowance) substitute—
ii
a member of the First-tier Tribunal where the member is eligible for appointment to be such a member in accordance with article 2(3) of the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008126.
Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008343
In regulation 12 of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008127 (appeal against suspensions) for “Tribunal”, in each place, substitute “First-tier Tribunal”.
Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008344
Schedule 1 of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008128 (modification of certain provisions of the Act) is amended as follows—
a
in paragraph 5—
i
for “medical appeal tribunal” substitute “First-tier Tribunal”; and
ii
omit sub-paragraph (a); and
b
in paragraph 6 for “Social Security Commissioner” substitute “Upper Tribunal”.
Trade Marks Rules 2008345
In rule 66 of the Trade Marks Rules 2008129 (hearings before registrar to be in public) omit paragraph (2).
Child Support Information Regulations 2008346
In regulation 12(1)(c) and (2) of the Child Support Information Regulations 2008130 (disclosure of information to a court or tribunal) for “an appeal tribunal” substitute “the First-tier Tribunal”.
SCHEDULE 2Revocations
Column 1 Instrument revoked | Column 2 Reference | Column 3 Extent of revocation |
|---|---|---|
The Pensions Appeal Tribunals (England and Wales) Regulations 1926 | The whole of the Regulations. | |
The Pensions Appeals Tribunals (England and Wales) Rules 1980 | The whole of the Rules. | |
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 1986 | The whole of the Rules. | |
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 1998 | The whole of the Rules. | |
The Child Support (Miscellaneous Amendments) (No 2) Regulations 1999 | Regulation 46. | |
The Child Support Commissioners (Procedure) Regulations 1999 | The whole of the Regulations. | |
The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 1999 | Regulation 2. | |
The Social Security and Child Support (Decisions and Appeals) Amendment No 3 Regulations 1999 | Regulation 2(5). | |
The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 | Regulations 22, 23(2), 25, 26 and 27. | |
The Social Security and Child Support (Decisions and Appeals), Vaccine Damage Payments and Jobseeker’s Allowance (Amendment) Regulations 1999 | Regulations 9 and 10. | |
The Asylum Support Appeals (Procedure) Rules 2000 | The whole of the Rules. | |
The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 | Regulations 24, 25 and 29 to 32. | |
The Social Security Commissioners (Procedure) (Amendment) Regulations 2000 | The whole of the Regulations. | |
The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 | Regulation 13. | |
The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001 | Regulation 4(2) (in so far as it applies to regulation 44 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999) and (5). | |
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 2001 | The whole of the Rules. | |
The Social Security Commissioners (Procedure) (Amendment) Regulations 2001 | Regulations 2, 3(c) to (k), 4, 5(b) and (c) and 6 to 14. | |
The Pensions Appeals Tribunals (England and Wales) (Amendment No 2) Rules 2001 | The whole of the Rules. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 | The whole of the Regulations. | |
The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 | Regulations 9, 10(a), 13 to 20, 22, 27(a) and 28. | |
The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002 | The whole of the Regulations. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003 | The whole of the Regulations. | |
The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2003 | Regulation 3(1). | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No.2) Regulations 2003 | The whole of the Regulations. | |
The Asylum Support Appeals (Procedure) (Amendment) Rules 2004 | The whole of the Rules. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No.3) Regulations 2003 | The whole of the Regulations. | |
The Mental Health Review Tribunals (Regions) Order 2003 | The whole Order. | |
The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004 | Paragraph 7 of Schedule 1. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2004 | The whole of the Regulations. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No.2) Regulations 2004 | The whole of the Regulations. | |
The Social Security, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations 2004 | Regulations 2(4) to (7), 3(2) and (3) and 6. | |
The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 | The whole of the Regulations. | |
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 | Regulations 2(8) to (18) and (20) and 4(3) to (11). | |
The Social Security Commissioners (Procedure) (Amendment) Regulations 2005 | The whole of the Regulations. | |
The Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005 | The whole of the Regulations. | |
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc Provisions) Order 2005 | Paragraph 36(3) of Schedule 3. | |
The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 | Regulation 9(3). | |
The Adoption and Children Act 2002 (Consequential Amendments) Order 2005 | Article 6. | |
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 2005 | The whole of the Rules. | |
The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 | Paragraph 15 of Schedule 2. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2006 | The whole of the Regulations. | |
The Transfer of Functions (Asylum Support Adjudicators) Order 2007 | Article 6(2). | |
The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 | Regulation 11. | |
The Health and Social Care (Community Health and Standards) Act 2003 Consequential Provisions (Recovery of NHS Charges) Order 2007 | The whole Order. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2007 | The whole of the Regulations. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Inclusion in the PoCA List and Review of Section 142 Directions) Regulations 2007 | The whole of the Regulations. | |
The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 | Paragraph 32 of the Schedule. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008 | The whole of the Regulations. | |
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2008 | The whole of the Regulations. | |
The Child Support Commissioners (Procedure) (Amendment) Regulations 2008 | The whole of the Regulations. | |
The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008 | The whole of the Regulations. |
(This note is not part of the Order)