Statutory Instruments
Tribunals And Inquiries
Made
20th May 2013
Laid before Parliament
22nd May 2013
Coming into force
1st July 2013
The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the powers conferred by section 7(1) and (9) of the Tribunals, Courts and Enforcement Act 2007(1).
1. This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2013 and comes into force on 1st July 2013.
2. The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010(2) is amended as follows.
3. In article 2 (First-tier Tribunal Chambers), after paragraph (c), insert—
“(cc)the Property Chamber;”
4. After article 5 (functions of the Immigration and Asylum Chamber of the First-tier Tribunal), insert—
5A. To the Property Chamber are allocated all functions conferred on the First-tier Tribunal relating to—
(a)a reference by the Chief Land Registrar and any other application, matter or appeal under the Land Registration Act 2002(3);
(b)proceedings under any of the enactments referred to in section 6A(2) of the Agriculture (Miscellaneous Provisions) Act 1954(4) or the Hill Farming Act 1946(5);
(c)housing etc, under the Housing Act 2004(6);
(d)leasehold property;
(e)residential property;
(f)rents;
(g)the right to buy;
(h)applications and appeals under the Mobile Homes Act 1983(7).”
5. In article 10 (functions of the Administrative Appeals Chamber), in paragraph (e) after “allocated to” insert “the Lands Chamber by article 12(cc) or to”.
6. In article 12 (functions of the Lands Chamber)—
(a)for paragraph (a)(ii) substitute—
“(ii)appeals from decisions of—
(aa)the First-tier Tribunal made in the Property Chamber other than appeals allocated to the Tax and Chancery Chamber by article 13(h);
(ab)leasehold valuation tribunals in Wales, residential property tribunals in Wales, rent assessment committees in Wales, the Agricultural Land Tribunal in Wales or the Valuation Tribunal for Wales;
(ac)the Valuation Tribunal for England;”
(b)after paragraph (c), insert—
“(cc)any case which may be transferred under Tribunal Procedure Rules to the Upper Tribunal from the Property Chamber of the First-tier Tribunal in relation to functions listed in article 5A(c) to (h);”.
7. In article 13 (functions of the Tax and Chancery Chamber), after paragraph (g) insert a semi-colon and—
“(h)an appeal against a decision of the First-tier Tribunal made in the Property Chamber in a case mentioned in article 5A(a).”
Signed by the authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
20th May 2013
I concur,
Sullivan, LJ
Senior President of Tribunals
20th May 2013
(This note is not part of the Order)
This Order amends the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655) in consequence of the transfer into the unified tribunal structure by the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) of the Adjudicator to Her Majesty’s Land Registry and, in relation to England, rent assessment committees (which also sit as rent tribunals, residential property tribunals and leasehold valuation tribunals) and agricultural land tribunals.
The amendments made by articles 3 and 4 provide for the creation of a Property Chamber of the First-tier Tribunal and the allocation of functions to that chamber.
The amendments made by articles 5, 6 and 7 allocate appellate functions to the different chambers of the Upper Tribunal from decisions of the Property Chamber of the First-tier Tribunal. Appeal proceedings relating to the Land Registration Act 2002 (c.9) are allocated to the Tax and Chancery Chamber. All other appeals, and any cases which may be transferred from the Property Chamber to the Upper Tribunal under Tribunal Procedure Rules, are allocated to the Lands Chamber.
Rent assessment committees in Wales and the Agricultural Land Tribunal in Wales are added to the list of tribunals in Wales in relation to which the right of appeal to the Upper Tribunal conferred under the Transfer of Tribunal Functions Order 2013 has been allocated to the Lands Chamber.
S.I. 2010/2655 as amended by S.I. 2011/2342 and S.I. 2012/1673.
1954 c. 39. Section 6A was inserted by the Transfer of Tribunal Functions Order 2013, (S.I. 2013/1036).