2009 No. 1835
The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009
Made
Coming into force
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 30(1) and (4), 31(1), (2) and (9) and 38 of, and paragraph 30 of Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071.
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 49(5) of that Act.
Citation and commencement1
This Order may be cited as the Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009 and comes into force on 1st September 2009.
Transfer of functions and abolition of tribunal2
1
The functions of the Consumer Credit Appeals Tribunal are transferred to the First-tier Tribunal.
2
The Consumer Credit Appeals Tribunal is abolished.
Transfer of persons into the First-tier Tribunal and the Upper Tribunal3
A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.
(1) Office held | (2) Office to be held |
|---|---|
President of the Consumer Credit Appeals Tribunal appointed under paragraph 2(1) of Schedule A1 to the Consumer Credit Act 19742 | Transferred-in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal |
Deputy President of the Consumer Credit Appeals Tribunal appointed under paragraph 2(3) of Schedule A1 to the Consumer Credit Act 1974 | Transferred-in judge of the First-tier Tribunal |
Member of the panel of chairmen of the Consumer Credit Appeals Tribunal appointed under paragraph 3(1) of Schedule A1 to the Consumer Credit Tribunal 1974 | Transferred-in judge of the First-tier Tribunal |
Other member of the Consumer Credit Appeals Tribunal appointed under paragraph 3(3) of Schedule A1 to the Consumer Credit Act 1974 | Transferred-in other member of the First-tier Tribunal |
Consequential and transitional provisions4
1
Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.
2
Schedule 2 contains amendments to secondary legislation as a consequence of the transfer effected by this Order.
3
Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.
4
Schedule 4 contains transitional and saving provisions.
By authority of the Lord Chancellor
SCHEDULE 1Consequential amendments to primary legislation
Consumer Credit Act 1974
1
The Consumer Credit Act 19743 is amended as follows.
2
In section 2(7) (powers of Secretary of State) for “Tribunal” substitute “First-tier Tribunal”.
3
Omit section 40A (the Consumer Credit Appeals Tribunal).
4
In section 41 (appeals to the Secretary of State under Part 3)—
a
in the heading for “Secretary of State” substitute “First-tier Tribunal”;
b
in subsection (1) for “Tribunal” substitute “First-tier Tribunal”; and
c
omit subsections (1A) to (1D).
5
After section 41 insert—
Tribunal Procedure Rules: suspension of OFT determinations41ZA
In the case of appeals to the First-tier Tribunal under section 41, Tribunal Procedure Rules may make provision for the suspension of determinations of the OFT.
Disposal of appeals41ZB
1
The First-tier Tribunal shall decide an appeal under section 41 by way of a rehearing of the determination appealed against.
2
In disposing of an appeal under section 41 the First-tier Tribunal may do one or more of the following—
a
confirm the determination appealed against;
b
quash that determination;
c
vary that determination;
d
remit the matter to the OFT for reconsideration and determination in accordance with the directions (if any) given to it by the tribunal;
e
give the OFT directions for the purpose of giving effect to its decision.
3
In the case of an appeal under section 41 against a determination to impose a penalty, the First-tier Tribunal—
a
has no power by virtue of subsection (2)(c) to increase the penalty;
b
may extend the period within which the penalty is to be paid (including in cases where that period has already ended).
4
Subsection (3) does not affect—
a
the tribunal’s power to give directions to the OFT under subsection (2)(d); or
b
what the OFT can do where a matter is remitted to it under subsection (2)(d).
5
Where the First-tier Tribunal remits a matter to the OFT, it may direct that the requirements of section 34 of this Act are not to apply, or are only to apply to a specified extent, in relation to the OFT’s reconsideration of the matter.
6
Subject to subsections (7) and (8), where the First-tier Tribunal remits an application to the OFT, section 6(1) and (3) to (9) of this Act shall apply as if the application had not been previously determined by the OFT.
7
In the case of a general notice which came into effect after the determination appealed against was made but before the application was remitted, the applicant shall provide any information or document which he is required to provide under section 6(6) within—
a
the period of 28 days beginning with the day on which the application was remitted; or
b
such longer period as the OFT may allow.
8
In the case of—
a
any information or document which was superseded,
b
any change in circumstances which occurred, or
c
any error or omission of which the applicant became aware,
after the determination appealed against was made but before the application was remitted, any notification that is required to be given by the applicant under section 6(7) shall be given within the period of 28 days beginning with the day on which the application was remitted.
6
Omit section 41A (appeals from the Consumer Credit Appeals Tribunal).
7
In section 182 (regulations and orders)—
a
omit subsection (1A); and
b
in subsection (2)—
i
omit “or rules” wherever occurring;
ii
omit “or by the Lord Chancellor”; and
iii
in paragraph (c), for “person making them” substitute “Secretary of State”.
8
In section 189 (definitions)—
a
in subsection (1)—
i
in the definition of “appeal period” for “Tribunal” substitute “First-tier Tribunal”; and
ii
omit the definition of “the Tribunal”; and
b
in subsection (1A) omit “and paragraphs 14 and 15 of Schedule A1”.
9
Omit Schedule A1 (the Consumer Credit Appeals Tribunal).
Tribunals and Inquiries Act 199210
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 19924 (tribunals under direct supervision of the Council on Tribunals) omit the entry at paragraph 9B relating to consumer credit.
Counter-Terrorism Act 200811
In paragraph 28 of part 6 of Schedule 7 to the Counter-Terrorism Act 20085 (appeal against imposition of civil penalty)—
a
omit sub-paragraph (6)(c); and
b
in sub-paragraph (7) for “, (b) or (c)” substitute “or (b)”.
SCHEDULE 2Consequential amendments to secondary legislation
Money Laundering Regulations 20071
In regulation 44 (appeals) of the Money Laundering Regulations 20076—
a
in paragraph (2)(c) for “Consumer Credit Appeals Tribunal” substitute “First-tier Tribunal”; and
b
omit paragraph (5).
Administrative Justice and Tribunals Council (Listed Tribunals) Order 20072
In article 2 (list of tribunals) of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 20077 omit the entry relating to the Consumer Credit Appeals Tribunal.
SCHEDULE 3Repeals and revocations
Act or instrument repealed/revoked | Reference | Extent of repeal/ revocation |
|---|---|---|
Consumer Credit Act 2006 | Sections 55, 56(2), 57 and 58 and Schedule 1 | |
Tribunals, Courts and Enforcement Act 2007 | Paragraph 11 of Schedule 10 | |
Consumer Credit Appeals Tribunal Rules 2008 | The whole of the Rules |
SCHEDULE 4Transitional and saving provisions
Transitional and saving provisions
1
Any proceedings before the Consumer Credit Appeals Tribunal which are pending immediately before 1st September 2009 shall continue on and after 1st September 2009 as proceedings before the First-tier Tribunal.
2
1
The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal by virtue of paragraph 1.
2
Where a hearing began before 1st September 2009 but was not completed by that date, the First-tier Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.
3
The First-tier Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—
a
apply any provision in procedural rules which applied to the proceedings before 1st September 2009; or
b
disapply provisions of Tribunal Procedure Rules.
4
In sub-paragraph (3) “procedural rules” means provision (whether called rules or not) regulating practice or procedure before a tribunal.
5
Any direction or order given or made in proceedings which is in force immediately before 1st September 2009 remains in force on and after that date as if it were a direction or order of the First-tier Tribunal.
6
A time period which has started to run before 1st September 2009 and which has not expired shall continue to apply.
7
An order for costs may only be made if, and to the extent that, an order could have been made before 1st September 2009.
3
Where an appeal lies to a court from any decision made by the Consumer Credit Appeals Tribunal before 1st September 2009, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st September 2009, section 11 of the Tribunals, Courts and Enforcement Act 20078 (right to appeal to Upper Tribunal) shall apply as if the decision were a decision made on or after 1st September 2009 by the First-tier Tribunal, and any reference to the Consumer Credit Appeals Tribunal in an enactment relating to such an appeal, express or otherwise, is to be taken as a reference to the First-tier Tribunal.
4
Any case to be remitted by a court on or after 1st September 2009 and which, if it had been remitted before 1st September 2009, would have been remitted to the Consumer Credit Appeals Tribunal, shall be remitted to the First-tier Tribunal.
5
Staff appointed to the Consumer Credit Appeals Tribunal before 1st September 2009 are to be treated on and after that date, for the purpose of any enactment, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services).
6
A decision made by the Consumer Credit Appeals Tribunal before 1st September 2009 is to be treated as a decision of the First-tier Tribunal on or after 1st September 2009.
(This note is not part of the Order)