The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential amendments and transitional provisions in respect of the transfer of functions of tribunals on 3rd November 2008 to the First-Tier Tribunal and Upper Tribunal, which are established with the coming into force of Part 1 of the Tribunals, Courts and Enforcement Act 2007 (“the Act”).

Consequential amendments and revocations

The Schedules to the Order make consequential amendments to, and revocations of, secondary legislation in respect of the functions of tribunals transferring to the First-tier Tribunal and Upper Tribunal on 3rd November 2008.

This Order also makes consequential amendments to secondary legislation in respect of the abolition of the Council of Tribunals and changes to the name of chairmen of employment tribunals.

Extent

The extent provisions in articles 3 and 4 preserve the current position in Scotland for appeals to the appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (and appeals from that tribunal to the Social Security Commissioners) in relation to appeals under sections 157 and 159 of the Health and Social Care (Community Health and Standards) Act 2003. These functions are not transferred under the Transfer of Tribunal Functions Order 2008.

Transitional Provisions

Article 5 redirects potential appeals from the appeal tribunal (constituted under Chapter 1 of Part 1 of the Social Security Act 1998) against its decisions on appeals under section 8 of the Road Traffic Act 1999, from the High Court to the Upper Tribunal, where those decisions were made prior to the transfer of the tribunal, and the appeal right to the High Court has not been initiated.