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

Made: 9th October 2008

Laid before Parliament: 15th October 2008

Coming into force: 3rd November 2008

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 provision

5

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 Revocations

6

• (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).

SCHEDULE 1 — Consequential amendments

War Pensions (Mercantile Marine) Scheme 1964

1

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 1971

2

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 1974

3

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 1974

4

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 1975

5

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 1975

6

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 1977

7

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 1979

8

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 1980

17

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 1982

18

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 1983

37

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 1986

38

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 1986

39

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 1986

40

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 1986

41

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 1986

42

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 1987

43

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 1988

44

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 1991

50

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 1992

62

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 1993

63

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 1993

64

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 1994

65

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 1995

66

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 1995

67

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 1995

68

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 1996

72

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 1996

73

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 1997

80

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 1997

81

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 1998

85

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 1999

89

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 1999

94

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 1999

129

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 regulations5 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 1999

137

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 1999

138

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 1999

139

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 2000

140

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 2000

141

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—

(39A) (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 2001

147

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 2001

164

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 2001

165

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 2001

174

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 2001

175

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 2001

176

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 2001

177

In regulation 11 of the Goods Vehicles (Enforcement Powers) Regulations 2001⁸⁶ (hearings) omit paragraph (7).

Social Security (Jobcentre Plus Interviews) Regulations 2002

178

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—

(39A) (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 2002

190

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,

; and

• (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 2002

203

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