The Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013

Made29th April 2013

The Lord Chancellor makes the following Order in exercise of the power conferred by section 37(1) of the Tribunals, Courts and Enforcement Act 20071.

A draft of this Order was laid before Parliament and approved by resolution of each House of Parliament in accordance with section 49(5) of that Act.

Citation1

This Order may be cited as the Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013.

Amendments to the lists of tribunals in Parts 1, 4 and 7 of Schedule 6

2

In the Table comprising Part 1 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of sections 30, 35 and 36)—

a

insert as the first entry in that Table—

Agricultural Land Tribunals for areas in England
Section 73 of the Agriculture Act 1947 (c.48)2

b

insert the following entry after the entry relating to the Reinstatement Committee—

Rent assessment committees for areas in England
Section 65 of, and Schedule 10 to, the Rent Act 1977 (c. 42)

3

In the Table comprising Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), omit the entry relating to Agricultural Land Tribunal.

4

In the Table comprising Part 7 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 32(3))—

a

insert the following entry after the entry relating to the Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for Wales—

Agricultural Land Tribunal for Wales
Section 73 of the Agriculture Act 1947 (c. 48)

b

insert the following entry after the entry relating to the Mental Health Review Tribunal for Wales—

Rent assessment committees for areas in Wales
Section 65 of, and Schedule 10 to, the Rent Act 1977 (c. 42)

Signed by the authority of the Lord Chancellor

Helen GrantParliamentary Under Secretary of StateMinistry of Justice29th April 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for rent assessment committees to be added to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the 2007 Act”). Committees for areas in England are added to Part 1 of that Schedule and committees for areas in Wales are added to Part 7 of that Schedule.

Agricultural Land Tribunals for areas in England are added to Part 1 of that Schedule and the Agricultural Land Tribunal for Wales is added to Part 7 of that Schedule.

The Order also removes the entry relating to Agricultural Land Tribunal which currently appears in Part 4 of that Schedule.

The result is that the Lord Chancellor is empowered to transfer the functions of those tribunals into the unified tribunal structure created by the 2007 Act. He is also empowered, in relation to England, to transfer to the Lord Chancellor Ministerial responsibilities for those tribunals and to transfer to the Tribunal Procedure Committee the powers to make procedural rules for those tribunals.

By adding the Agricultural Land Tribunal for Wales and rent assessment committees for areas in Wales to Part 7 of Schedule 6 the Lord Chancellor is empowered to transfer the right of appeal from decisions of those tribunals from the High Court to the Upper Tribunal under the provisions of section 32 of the 2007 Act.