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

In regulation 4 (time within which appeal is to be brought) for “a legally qualified panel member” substitute “the First-tier Tribunal”.

209

In regulation 5 (late appeals)—

• (a) in paragraph (1)—

• (i) for “The time within which an appeal must be brought may be extended” substitute “The Board may treat a late appeal as made in time”; and

• (ii) for “(2)” substitute “(4)”;

• (b) omit paragraphs (2) and (3);

• (c) for paragraph (4) substitute—

(4) An appeal may be treated as made in time if the Board is satisfied that it is in the interests of justice.

• (d) in paragraph (5)—

• (i) for “grant the application unless the panel member is, or the Board are, as the case may be,” substitute “treat the appeal as made in time unless the Board are”; and

• (ii) in sub-paragraphs (a) and (b) omit “to the application”;

• (e) in paragraph (6) for “applicant” substitute “appellant”;

• (f) in paragraph (7)—

• (i) for “grant an application” substitute “treat the appeal as made in time”; and

• (ii) for the words “making of the application” to the end substitute “submission of the notice of appeal, the more compelling should be the special circumstances.”;

• (g) in paragraph (8)—

• (i) for “grant an application” substitute “treat the appeal as made in time”; and

• (ii) in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”; and

• (h) omit paragraphs (9) to (11).

210

Omit regulations 6, 7 and 9 to 27 (procedure on appeal).

Child Benefit and Guardian’s Allowance Administration Regulations 2003

211

In regulation 2 of the Child Benefit and Guardian’s Allowance Administration Regulations 2003⁹⁴ (interpretation) in the definition of “adjudicating authority”—

• (a) in sub-paragraph (b) omit “Chapter 1 of Part 1 of the Social Security Act 1998 or”;

• (b) in sub-paragraph (c) omit “within the meaning of section 39(1) of that Act or”; and

• (c) after sub-paragraph (c) insert—

(d) the First-tier Tribunal or the Upper Tribunal;

Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003

212

The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003⁹⁵ are amended as follows.

213

In regulation 2(1) (interpretation)—

• (a) in the definition of “appeal tribunal” omit sub-paragraph (a) (and the following “(b)”);

• (b) in the definition of “clerk to the appeal tribunal” omit sub-paragraph (a) (and the following “(b)”);

• (c) in the definition of “Commissioner” omit sub-paragraph (a) (and the following “(b)”);

• (d) in the definition of “legally qualified panel member” omit sub-paragraph (a) (and the following “(b)”); and

• (e) in the definition of “panel” omit “section 6 or”.

214

In regulation 6(6)(b) (late application for revision of decisions) after “a Commissioner” insert “, the Upper Tribunal”.

215

In regulation 8 (Revision of decisions against which there has been an appeal)—

• (a) in paragraph (2)—

• (i) after “an appeal tribunal” insert “or the First-tier Tribunal”; and

• (ii) for “regulation 29 applies within the time prescribed by that regulation” substitute “regulations 29 and 29A apply within the time prescribed by those regulations”; and

• (b) in paragraph (3)(b), (c) and (d) after “an appeal tribunal” insert “or the First-tier Tribunal”.

216

In regulation 10(3) (revision of decisions arising from official error etc) after “a Commissioner” insert “, the Upper Tribunal”.

217

In regulation 13(2)(c) (cases and circumstances in which superseding decisions may be made) after “an appeal tribunal” insert “the First-tier Tribunal, the Upper Tribunal”.

218

In regulation 16 (date as from which superseding decisions take effect)—

• (a) in paragraphs (7) and (8) after “an appeal tribunal”, in each place, insert “the First-tier Tribunal, the Upper Tribunal”;

• (b) in paragraph (8) after “determination of” insert “the Upper Tribunal,”; and

• (c) in paragraph (9A) after “a Commissioner” insert “, the Upper Tribunal”.

219

In regulation 17(6)(b) (effective date for late notifications of change of circumstances) after “a Commissioner” insert “, the Upper Tribunal”.

220

In regulation 18 (suspension in prescribed cases)—

• (a) in paragraph (3)—

• (i) in sub-paragraph (a) after “an appeal tribunal,” insert “the First-tier Tribunal, the Upper Tribunal,”; and

• (ii) in sub-paragraph (b) after “a Commissioner” insert “, the Upper Tribunal”;

• (b) in paragraph (4)—

• (i) after “where an appeal tribunal,” insert “the First-tier Tribunal, the Upper Tribunal,”;

• (ii) in sub-paragraphs (a), (b) and (c) after “appeal tribunal” insert “or First-tier Tribunal”; and

• (iii) in sub-paragraph (c) after “leave”, in both places, insert “or permission”; and

• (c) in paragraph (5)—

• (i) in sub-paragraph (a) after “appeal tribunal” insert “or First-tier Tribunal”; and

• (ii) in sub-paragraph (b) after “leave” insert “or permission”.

221

In regulation 21 (making of payments which have been suspended)—

• (a) in paragraph (3)—

• (i) in sub-paragraph (a) after “an appeal tribunal” insert “or the First-tier Tribunal”;

• (ii) in sub-paragraph (b) after “an appeal tribunal,” insert “the First-tier Tribunal, the Upper Tribunal”; and

• (iii) in sub-paragraphs (b) to (d) after “leave”, in each place, insert “or permission”; and

• (b) in paragraph (4)—

• (i) after “Commissioner” insert “, the Upper Tribunal”; and

• (ii) after “leave”, in each place, insert “or permission”.

222

In regulation 23 (appeals involving issues that arise on appeal in other cases) after “leave” insert “or permission”.

223

In regulation 25(1) (decisions against which no appeal lies) after “appeal tribunal” insert “or to the First-tier Tribunal”.

224

In regulation 28—

• (a) in paragraph (1) after “appeal tribunal” insert “or the First-tier Tribunal”;

• (b) in paragraph (3) after “member” insert “or, as the case may be, the First-tier Tribunal”; and

• (c) in paragraph (4) after “29” insert “or, as the case may be, regulation 29A”.

225

In regulation 29 (late appeals)—

• (a) in the heading after “appeals” insert “to the appeal tribunal”; and

• (b) in paragraph (1) after “brought” insert “to an appeal tribunal”.

226

After regulation 29 (late appeals to an appeal tribunal) insert—

(29A) - In respect of an appeal to the First-tier Tribunal, the Board may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the Board is satisfied that it is in the interests of justice, but no appeal shall in any event be brought more than one year after the expiration of the last day for appealing under regulation 28.

227

In regulation 30 (interests of justice)—

• (a) in paragraph (1)—

• (i) after “29” insert “and regulation 29A”;

• (ii) after “grant an application” substitute “or, as the case may be, treat the appeal as made in time”;

• (iii) omit “under that regulation”; and

• (iv) in sub-paragraphs (a) and (b) omit “to the application”.

• (b) in paragraph (4)—

• (i) after “29” insert “or, as the case may be, treat the appeal as made in time under regulation 29A”; and

• (ii) after “making of the application” insert “or, as the case may be, submission of a notice of appeal”; and

• (c) in paragraph (5)—

• (i) after “29” insert “or, as the case may be, treat the appeal as made in time under regulation 29A”; and

• (ii) in sub-paragraph (b) after “a Commissioner” insert “, the Upper Tribunal”.

228

In regulation 31 (making of appeals or applications)—

• (a) after paragraph (1) insert—

(1A) A notice of appeal to the First-tier Tribunal made in accordance with Tribunal Procedure Rules must be made on a form approved by the Board, or in such other format as the Board may accept. (1B) Except where paragraph (3) applies, in respect of an appeal to the First-tier Tribunal, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Board to the sender for completion in accordance with the Tribunal Procedure Rules.

• (b) in paragraph (2) for “An Approved” substitute “In respect of an appeal to the appeal tribunal an approved”;

• (c) in paragraphs (3) and (4) after “paragraph (1)” insert “or, as the case may be, Tribunal Procedure Rules”;

• (d) in paragraph (7)—

• (i) after “panel member who” insert “, or, as the case may be, the First-tier Tribunal which,”; and

• (ii) in sub-paragraph (a) after “paragraph (1)” insert “or, as the case may be, Tribunal Procedure Rules”; and

• (e) in paragraph (8) after “panel member who” insert “, or, as the case may be, First-tier Tribunal which,”.

229

In regulation 32 (discontinuing action on appeals)—

• (a) after “appeal to an appeal tribunal” insert “or to the First-tier Tribunal”; and

• (b) in sub-paragraph (a) after “panel member” insert “or, as the case may be, the First-tier Tribunal”.

Education (Prohibition from Teaching or Working with Children) Regulations 2003

230

The Education (Prohibition from Teaching or Working with Children) Regulations 2003⁹⁶ are amended as follows.

231

In regulation 2 (interpretation) omit the definition of “Tribunal”.

232

In regulation 10(1), (2) and (3) (review by the tribunal), and in the title of that regulation, for “Tribunal” substitute “First-tier Tribunal”.

233

In regulation 10A(2) and (3) for “Tribunal” substitute “First-tier Tribunal”.

234

In regulation 11(1) and (5) for “Tribunal” substitute “First-tier Tribunal”.

235

In regulation 12(1) (appeals) for “Tribunal” substitute “First-tier Tribunal”.

236

In regulation 13(1) and (2) (the tribunal’s powers), and in the title of that regulation, for “Tribunal” substitute “First-tier Tribunal”.

Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

237

In regulation 14(3) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003⁹⁷ (appeals) for “an appeal tribunal” substitute “the First-tier Tribunal”.

Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003

238

For regulation 21 of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003⁹⁸ (attendance by member of Council on Tribunals) substitute—

(21) A member of the Administrative Justice and Tribunals Council, who is acting in that capacity, may attend any inspection for which any necessary consent has been obtained.

Social Security (Incapacity Benefit Work -focused Interviews) Regulations 2003

239

In regulation 12(3) of the Social Security (Incapacity Benefit Work - focused Interviews) Regulations 2003⁹⁹ (appeals) for “(appeal to appeal tribunal) to an appeal tribunal” substitute “(appeal to First-tier Tribunal) to the First-tier Tribunal”.

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

240

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004¹⁰⁰ are amended as follows.

241

In regulation 2(1) (interpretation)—

• (a) omit the definition of “chairman”;

• (b) after the definition of “Employment Act” insert—

• “Employment Judge” has the meaning given in section 3A of the Employment Tribunals Act;

• (c) in the definitions of “Employment Tribunal Office”, “Regional Chairman”, and “tribunal” for “chairman”, in each place, substitute “Employment Judge”;

• (d) in the definition of “hearing”—

• (i) for “a chairman” substitute “an Employment Judge; and

• (ii) for “the chairman” substitute “the Employment Judge”; and

• (e) in the definitions of “panel of chairmen” and “Regional Chairman” for “chairmen” substitute “Employment Judges”.

242

In regulation 3 (overriding objective)—

• (a) in paragraph (1) for “chairmen” substitute “Employment Judges”; and

• (b) in paragraphs (3) and (4) for “chairman” substitute “Employment Judge”.

243

In regulation 4(1) and (2) (President of employment tribunals) for “chairmen” substitute “Employment Judges”.

244

In regulation 5(2) (establishment of employment tribunals)—

• (a) for “Chairman” substitute “Employment Judge”; and

• (b) for “chairmen” substitute “Employment Judges”.

245

In regulation 6 (regional chairmen)—

• (a) for “chairmen”, in each place (including the heading), substitute “Employment Judges”; and

• (b) for “chairman”, in each place, substitute “Employment Judge”.

246

In regulation 7 (Vice President) for “chairmen”, in each place, substitute “Employment Judges”.

247

In regulation 8(3)(a), (4) and (5) (panels of members of tribunals – general) for “chairmen” substitute “Employment Judges”.

248

In regulation 9 (composition of tribunals - general)—

• (a) in paragraph (1) for “chairmen” substitute “Employment Judges”;

• (b) in paragraphs (1) and (2) for “a chairman” substitute “an Employment Judge”; and

• (c) in paragraphs (1) to (4) for “chairman” in each place, substitute “Employment Judge”.

249

In regulation 10(a) (panels of members of tribunals – national security proceedings) for “chairmen”, in both places, substitute “Employment Judges”.

250

In regulation 11 (composition of tribunals – national security proceedings)—

• (a) for “Chairman”, in each place, substitute “Employment Judge”; and

• (b) for “a chairman”, in each place, substitute “an Employment Judge”.

251

In regulation 13 (practice directions) for “chairmen” substitute “Employment Judges”.

252

In regulation 15(1) and (4) (calculation of time) for “a chairman” substitute “an Employment Judge”.

253

In regulation 16(2) (application of Schedules 1 - 5 to proceedings) for “a chairman” substitute “an Employment Judge”.

254

In regulation 17(2) (register) for “chairman” substitute “Employment Judge”.

255

In Schedule 1 (the employment tribunal rules of procedure)—

• (a) in the headings of rules 12 and 31 for “chairman” substitute “Employment Judge”;

• (b) in rules 1(8), 3(3), (7) and (8), 6(3) and (6), 7(2), 8(1),(2)(b) and (4), 10(1), 11(2) and (6), 12, 13(1), 14(1), 17(1), 18(1), (3), (4) and (7), 19(1), 20(1) and (4), 22(8), 23(2), 25(5), 27(7), 28(2), 30(5), 33(1), (3) and (5), 34(1), 35(1), 36(3), 46(2), 50(1) and (3), 52(b), 60(2) and 61(1) for “a chairman”, in each place, substitute “an Employment Judge”;

• (c) in rules 3(3), (4), (5) and (9), 4(4), 6(3) to (5), 8(3), 10(1), (2)(f), (k) and (r) and (8), 11(2) and (3), 14(2), (3) and (6), 15(1), 16, 18(2), (5), (7)(f) and (9), 19(1), 20(1) to (3) and (4)(b), 23(2), 27(1), 28(3) and (4), 29(1), 30(1), (2), (4) and (6)(a), 31, 32(2), 33(4), (6) and (7), 34(5), 35(3) and (4), 36, 37(1), 38(1), (2), (7), (9) and (10), 39(1), 40(1), (2) and (4), 41(2), 42(1), (5), (7) and (8), 43(1), 44(1), (2) and (4), 45(1), (2) and (3), 46, 47(1) and (2)(b), 48(1), (2), (6), (7) and (9), 49, 50(2), (6) to (10), 52, 54 , 55(1), 57(1) and (3), 58, 60(1) and 61(4)(h)(ii) and (6) for “chairman”, in each place, substitute “Employment Judge”;

• (d) in rules 13(3) and 28(1) for “Chairmen” substitute “Employment Judges”; and

• (e) in rule 16(2) omit the words from “A member of the Council on Tribunals” to the end.

256

In Schedule 2 (the employment tribunal (national security) rules of procedure)—

• (a) in rules 6(1) and 10(3) for “a chairman”, in each place, substitute “an Employment Judge”;

• (b) in rules 3(1)(b), (2) and (3), 4(2), 6, 8(1), (3) to (5) and (7), 9 and 10(1), (3) and (4) for “chairman”, in each place, substitute “Employment Judge”; and

• (c) in rule 9(2) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.

257

In rule 8(1) of Schedule 3 (the employment tribunals (levy appeals) rules of procedure)—

• (a) for “a chairman” substitute “an Employment Judge”; and

• (b) for “the chairman” substitute “the Employment Judge”.

258

In Schedule 4 (the employment tribunals (health and safety – appeals against improvement and prohibition notices) rules of procedure)—

• (a) in rule 7(1) for “a chairman” substitute “an Employment Judge”; and

• (b) in rules 6(3) and (4), 7, 8, 9(3) and 10(1) and (4) for “chairman”, in each place, substitute “Employment Judge”.

259

In Schedule 6 (the employment tribunals (equal value) rules of procedure)—

• (a) in rules 6(3)(d), 10(2)(b) and (e), 11(5) and 13(3) for “a chairman”, in each place, substitute “an Employment Judge”; and

• (b) in rules 3(1), 5(1)(c), 6(2) and (3), 10(2)(d) and 12(2) for “chairman”, in each place, substitute “Employment Judge”.

Child Trust Funds (Non-tax Appeals) Regulations 2005

260

The Child Trust Funds (Non-tax Appeals) Regulations 2005¹⁰¹ are amended as follows.

261

In regulation 2 (interpretation)—

• (a) in the definition of “appeal tribunal” omit (a) (and the following “(b)”);

• (b) in the definition of “child trust fund appeal” after “Commissioner” insert “or to the First-tier Tribunal or lies to the Upper Tribunal”; and

• (c) in the definition of “Social Security Commissioner” omit sub-paragraph (a) (and the following “(b)”).

262

In regulation 3(1) (prescribed manner of notice of appeal) after “notice of appeal” insert “, in respect of an appeal to an appeal tribunal,”.

263

In regulation 4 (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 (6), in the inserted subsection (6), omit paragraph (a) (and the following “(b)”).

264

In regulation 5 (application of sections 5 to 7 of and Schedule 1 to the 1998 Act or articles 6 to 8 of and Schedule 1 to the 1998 Order)—

• (a) in the heading omit “sections 5 to 7 and Schedule 1 to the 1998 Act or”;

• (b) in paragraph (1) omit “Sections 5 to 7 and paragraphs 7, 11 and 12 of Schedule 1 to the 1998 Act or, in Northern Ireland,”; and

• (c) omit paragraph (2).

265

In regulation 6(1) (application of section 12 of the 1998 Act or article 13 of the 1998 Order) after “an appeal tribunal”, in both places, insert “or the First-tier Tribunal”.

266

In regulation 7 (application of section 13 of the 1998 Act or article 14 of the 1998 Order) after “appeal tribunal” insert “or the First-tier Tribunal”.

267

In regulation 8 (application of section 14 of the 1998 Act or article 15 of the 1998 Order)—

• (a) in paragraph (1)—

• (i) for “14(1) to (10)” substitute “14(2) and (3)”;

• (ii) after “Commissioner” insert “or the Upper Tribunal”; and

• (iii) after “an appeal tribunal” insert “or the First-tier Tribunal”; and

• (b) in paragraph (2)—

• (i) in sub-paragraph (a) for “(1)” substitute “(3)”;

• (ii) at the end of sub-paragraph (c) insert “and”;

• (iii) for sub-paragraph (d) substitute—

(d) omit subsections 3(c) and (d).

; and

• (iv) omit sub-paragraph (e).

268

In regulation 9 (application of section 14(11) and (12) of and Schedule 4 to the 1998 Act or article 15(11) to (13) of the 1998 Order)—

• (a) in the heading omit “section 14(11) and (12) of and Schedule 4 to the 1998 Act or”;

• (b) in paragraph (1) omit “Section 14(11) and (12) of, and Schedule 4 to, the 1998 Act, or, in Northern Ireland,”; and

• (c) in paragraph (2) omit “section 21(9) of the Act as modified by section 24(2) of the Act in subsection 11 of section 14 and”.

269

In regulation 10 (application of section 15 of the 1998 Act)—

• (a) for “appeal from Commissioner on 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”.

270

For regulation 11(2) (application of section 16 of the 1998 Act or article 16 of the 1998 Order) substitute—

(2) Omit subsection (3) of section 16.

271

In regulation 12 (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”;

• (b) in paragraph (2), in the substituted section 17(1)—

• (i) at the end of sub-paragraph (a) omit “and”;

• (ii) at the end of sub-paragraph (b) insert “and”;

• (iii) after sub-paragraph (b) insert—

(c) any provisions made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007 (c.15)

; and

• (iv) for “an appeal tribunal or lies to a Commissioner” substitute “the First-tier Tribunal or lies to the Upper Tribunal”.

272

In regulation 13 (application of section 28 of the 1998 Act or article 28 of the 1998 Order)—

• (a) in the heading omit “section 28 of the 1998 Act or”;

• (b) in paragraph (1) omit “Section 28 of the 1998 Act (“section 28”) or, in Northern Ireland,”;

• (c) in paragraph (2) omit “subsection (1A) of section 28 and”; and

• (d) omit paragraph (3).

273

In regulation 14(2) (application of section 39 of the 1998 Act or article 39 of the 1998 Order) in the definition of “child trust fund appeal” inserted into section 39 for “an appeal tribunal or lies to a Social Security Commissioner” substitute “the First-tier Tribunal or lies to the Upper Tribunal”.

274

Omit regulation 15(2)(a) (application of sections 79, 80 and 84 of the 1998 Act or Articles 74 and 75 of the 1998 Order).

Asylum and Immigration Tribunal (Procedure) Rules 2005

275

In rule 54 of the Asylum and Immigration Tribunal (Procedure) Rules 2005¹⁰² (admission of public to hearings) omit paragraph (5).

Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

276

The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005¹⁰³ is amended as follows.

277

In article 2 (interpretation) after the definition of “additional multiple injury lump sum” insert—

• “appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943;

278

In article 13(b)(iv) (interpretation of Part 3) after “Commissioner” insert “, the First-tier Tribunal, the Upper Tribunal”.

279

In article 15B(6)(d) (additional multiple injury lump sum) after “Commissioner” insert “, the First-tier Tribunal, the Upper Tribunal”.

280

In article 43(3)(b) (decisions) for “a Pension Appeal Tribunal” substitute “the appropriate tribunal”.

281

In article 45 (reconsideration)—

• (a) in paragraph (4) for “a Pension Appeal Tribunal” substitute “the appropriate tribunal”;

• (b) in paragraph (5) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”; and

• (c) in paragraph (6) for “Pensions Appeal Tribunal” substitute “appropriate tribunal”.

282

In article 47(3)(b) (review on discharge on medical grounds) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

283

In article 48(6)(b) (review - exceptional circumstances) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

284

In article 49(4)(b) (review-ignorance or mistake) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

285

In article 54(3)(d) (date on which awards of benefit become payable) after “Commissioner” insert “, the First-tier Tribunal, the Upper Tribunal”.

286

In article 56 (suspension - Pensions Appeal Tribunal)—

• (a) in the heading omit “Pensions Appeal Tribunal” substitute “an appropriate tribunal”;

• (b) in paragraphs (1), (4) and (5) for “a Pensions Appeal Tribunal”, in each place, substitute “an appropriate tribunal”;

• (c) in paragraph (5) for “the Pensions Appeal Tribunal” substitute “the appropriate tribunal”;

• (d) in paragraph (6)—

• (i) for “a Pensions Appeal Tribunal”, in both places, substitute “an appropriate tribunal”; and

• (ii) for “an appropriate Commissioner” substitute “a Commissioner or the Upper Tribunal, as the case may be”; and

• (e) in paragraph (7)(b) after “that Act” insert “or section 11 of the Tribunals, Courts and Enforcement Act 2007”.

287

• (1) Article 57 (suspension - Social Security Commissioner) is amended as follows.

• (2) In the heading after “Commissioner” insert “and Upper Tribunal”.

• (3) In paragraph (1)—

• (a) for “an appropriate” substitute “a”; and

• (b) after “1943” insert “or, as the case may be, the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act 2007 (c.15)”.

• (4) In paragraph (5)—

• (a) for “an appropriate” substitute “a”; and

• (b) after “1943” insert “or, as the case may be, the Upper Tribunal under section 13 of the Tribunals Courts and Enforcement Act (c.15)”.

• (5) In paragraph (6)—

• (a) in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals Courts and Enforcement Act (c.15)”;

• (b) in sub-paragraph (b) for “that Act” substitute “the 1943 Act or an application for permission to appeal under section 13(4) of the 2007 Act”; and

• (c) in sub-paragraph (e)—

• (i) for “an appropriate” substitute “a”; and

• (ii) omit “a Great Britain Social Security Commissioner or”.

Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005

288

In regulation 27 of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005¹⁰⁴ (meetings of the Reconsideration Committee) for “Council on Tribunals”, in both places, substitute “Administrative Justice and Tribunals Council”.

Pension Protection Fund (PPF Ombudsman) Order 2005

289

In article 7(2)(k) of Pension Protection Fund (PPF Ombudsman) Order 2005¹⁰⁵ (restrictions on the disclosure of information) for “Council on Tribunals”, in both places, substitute “Administrative Justice and Tribunals Council”.

Child Trust Funds (Appeals) Regulations 2005

290

The Child Trust Funds (Appeals) Regulations 2005¹⁰⁶ are amended as follows.

291

• (1) Regulation 1 (citation, commencement, duration and interpretation) is amended as follows.

• (2) In paragraph (3)—

• (a) in the definition of “appeal” for “an appeal tribunal” substitute “the First-tier Tribunal”; and

• (b) omit the definitions of—

• (i) “clerk to the appeal tribunal”;

• (ii) “decision notice”;

• (iii) “financially qualified panel member”;

• (iv) “legally qualified panel member”; and

• (v) “the President”.

• (3) Omit paragraph (4).

292

In regulation 2 (service of notices or documents)—

• (a) in sub-paragraph (a) omit—

• (i) “the clerk to the appeal tribunal or to”; and

• (ii) “the clerk to the appeal tribunal or by”; and

• (b) in sub-paragraph (b) omit “the clerk to the appeal tribunal or”.

293

In regulation 3 (disputes about notices of appeal) for “a legally qualified panel member” substitute “the First-tier Tribunal”.

294

In regulation 4 (late appeals)—

• (a) in paragraph (1) for “(2) to (8) are satisfied, an appeal may be” substitute “(4) to (8) are satisfied, the Board may treat an appeal as made in time where an appeal is”;

• (b) omit paragraphs (2) and (3);

• (c) for paragraph (4) substitute—

(4) The Board must not treat the appeal as made in time unless the Board is satisfied that it is in the interests of justice.

• (d) in paragraph (5)—

• (i) for “grant an application unless the panel member is, or the Board are, as the case may be,” substitute “treat the appeal as made in time unless the Board are”; and

• (ii) in sub-paragraphs (a) and (b) omit “to the application”;

• (e) in paragraph (6) for “applicant”, in each place, substitute “appellant”;

• (f) in paragraph (7)—

• (i) for “grant the application” substitute “treat the appeal as made in time”; and

• (ii) for the words “making of the application” to the end substitute “submission of the notice of appeal, the more compelling should be the special circumstances.”;

• (g) in paragraph (8)—

• (i) for “grant an application” substitute “treat the appeal as made in time”;

• (ii) in sub-paragraph (a) for “applicant” substitute “appellant”; and

• (iii) in sub-paragraph (b) for “a Social Security Commissioner” substitute “the Upper Tribunal”; and

• (h) omit paragraphs (9) and (10).

295

Omit regulations 6 to 25.

Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005

296

The Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005¹⁰⁷ are amended as follows.

297

In regulation 12(2)(b) (inspection of property and neighbourhood), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.

298

In regulation 26 (persons entitled to be present at a hearing held in private) omit paragraph (1)(b).

Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005

299

In regulation 14 of the Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005¹⁰⁸ (Council on Tribunals) for “Council on Tribunals” in each place (including the heading) substitute “Administrative Justice and Tribunals Council”.

Bus Lane Contraventions (Penalty charges, Adjudication and Enforcement) (England) Regulations 2005

300

In regulation 20(4) of the Bus Lane Contraventions (Penalty charges, Adjudication and Enforcement) (England) Regulations 2005¹⁰⁹ (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.

Financial Assistance Scheme (Appeals) Regulations 2005

301

The Financial Assistance Scheme (Appeals) Regulations 2005¹¹⁰ are amended as follows.

302

In regulation 21 (Council on Tribunals) for “Council on Tribunals”, in each place (including the heading), substitute “Administrative Justice and Tribunals Council”.

303

In regulation 28 paragraph (3)(l) (restriction on use of documents and information provided for investigations) for “Council on Tribunals” in both places, substitute “Administrative Justice and Tribunals Council”.

Victims of Violent Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005

304

The Victims of Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005¹¹¹ are amended as follows.

305

For regulation 4(1)(b) (designation of deciding authorities) for “Criminal Injuries Compensation Appeals Panel” substitute “First-tier Tribunal”.

306

In regulation 11(2) (hearing of the applicant for compensation)—

• (a) for “Criminal Injuries Compensation Appeals Panel”, in both places, substitute “First-tier Tribunal”; and

• (b) for “Criminal Injuries Compensation Scheme 2001”, in both places, substitute “Tribunal Procedure Rules”.

Public Contracts Regulations 2006

307

In Schedule 1 to the Public Contracts Regulations 2006¹¹² (GPA annex 1 contracting authorities) omit the first entry relating to the Pensions Appeal Tribunals.

Child Benefit (General) Regulations 2006

308

In regulation 38 of the Child Benefit (General) Regulations 2006¹¹³ (exception to rules preventing duplicate payment)—

• (a) in paragraph (2)(b) omit “section 7 of the Social Security Act 1998 or”;

• (b) in paragraph (2)(c) omit “section 16(7) of the Social Security Act 1998 or”; and

• (c) after paragraph 2(c) insert—

(d) the First-tier Tribunal; (e) the Upper Tribunal.

Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

309

The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006¹¹⁴ is amended as follows.

310

In article 43(a) (certification) after “1943” insert “or established under the Tribunals, Courts and Enforcement Act 2007 (c.15)”.

311

In article 44(3) (review of decisions, assessments and awards) after “1943” insert “or the First-tier Tribunal”.

312

• (1) Article 61 (suspension in individual cases - pensions appeal tribunal) is amended as follows.

• (2) In the heading, omit “Pensions Appeal”.

• (3) In paragraphs (1), (4) and (5) for “a Pensions Appeal Tribunal”, in each place, substitute “an appropriate tribunal”.

• (4) In paragraph (5) for “the Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

• (5) In paragraph (6)—

• (a) for “a Pensions Appeal Tribunal”, in both places, substitute “an appropriate tribunal”; and

• (b) for “an appropriate Commissioner” substitute “a Commissioner or the Upper Tribunal, as the case may be”.

• (6) In paragraph (8)—

• (a) in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15);

• (b) in sub-paragraph (b) for “leave to appeal under Part 52” substitute “permission to appeal in accordance with Tribunal Procedure Rules or under Part 52”;

• (c) after sub-paragraph (b) insert—

(ba) “appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the Pensions Appeal Tribunals Act 1943;

and

• (d) in sub-paragraph (c)—

• (i) for “an appropriate” substitute “a”; and

• (ii) omit “a Great Britain Social Security Commissioner or”.

313

In article 62 (suspension - Social Security Commissioner)—

• (a) in the heading after “Commissioner” insert “and Upper Tribunal”;

• (b) in paragraphs (1) and (5)—

• (i) for “an appropriate” substitute “a”; and

• (ii) after “1943” insert “or, as the case may be, the Upper Tribunal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)”; and

• (c) in paragraph (6)—

• (i) in sub-paragraph (a) after “1943” insert “or, as the case may be, section 13 of the Tribunals, Courts and Enforcement Act 2007 (c.15)”;

• (ii) in sub-paragraph (b) for “that Act” substitute “the Pensions Appeal Tribunals Act 1943 or an application for permission to appeal under section 13(4) of the Tribunals, Courts and Enforcement Act 2007 (c.15)”; and

• (iii) in sub-paragraph (e) for “an appropriate” substitute “a”.

314

In Schedule 3 (commencing dates of awards)—

• (a) in paragraph 3 after “Commissioners”, in each place, insert “or the Upper Tribunal”; and

• (b) after paragraph 11 insert—

(12) Paragraphs 4 and 8 apply to a decision of the First-tier Tribunal that a decision made by it be treated as set aside as they apply to a decision of the President of the Pensions Appeals Tribunal that the decision of a Pensions Appeal Tribunal be treated as set aside.

Residential Property Tribunal Procedure (England) Regulations 2006

315

The Residential Property Tribunal Procedure (England) Regulations 2006¹¹⁵ are amended as follows.

316

In regulation 21(2)(b) (inspection of premises and neighbourhood), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.

317

In regulation 29 (persons entitled to be present at a hearing held in private) omit paragraph (1)(b).

Registered Design Rules 2006

318

In rule 20 of the Registered Design Rules 2006¹¹⁶ (hearings in public) omit paragraph (6).

Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No 11) Order 2006

319

In article 4 of the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No 11) Order 2006¹¹⁷ (saving provisions)—

• (a) in paragraph (1) after “28th January 2007” insert “subject to paragraph (3)”; and

• (b) after paragraph (2) insert—

(3) The reference in section 8(6)(a) to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 is to be read as a reference to the First-tier Tribunal.

Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006

320

The Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006¹¹⁸ are amended as follows.

321

In regulation 1(3) (citation, commencement, application and interpretation) omit the definitions of—

• (a) “appeal tribunal”;

• (b) “clerk to the appeal tribunal”;

• (c) “Commissioner”;

• (d) “legally qualified panel member”; and

• (e) “medically qualified panel member”.

322

In regulation 4 (waiver applications and appeals)—

• (a) for paragraph (4) substitute—

(4) An appeal against a waiver decision 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.

; and

• (b) omit paragraph (5).

323

In regulation 5 (appeals against certificates)—

• (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.

; and

• (b) omit paragraph (4).

324

In regulation 6 (appeals general)—

• (a) in paragraphs (1) and (2) for “under regulations 4(5) or 5(4), as the case may be” substitute “by Tribunal Procedure Rules”;

• (b) in paragraph (3) for “regulations 4(4) or 5(1), as the case may be” substitute “Tribunal Procedure Rules”;

• (c) in paragraph (5)(a) for “a legally qualified panel member” substitute “the First-tier Tribunal”;

• (d) in paragraph (5)(b)—

• (i) for “that panel member” substitute “the First-tier Tribunal”; and

• (ii) omit “, and shall inform the appellant, and the Secretary of State of his decision”; and

• (e) omit paragraph (6).

325

• (1) Regulation 7 (extension of time for appealing) is amended as follows.

• (2) For paragraphs (1) to (3) substitute—

(1) The Secretary of State may treat an appeal as made in time, even though the time prescribed by Tribunal Procedure Rules has expired, if the Secretary of State is satisfied that it is in the interests of justice.

• (3) In paragraph (4)—

• (a) for “(3)” substitute “(1)”;

• (b) for “grant an application unless the person determining the application is satisfied that” substitute “treat the appeal as made in time unless”;

• (c) in sub-paragraph (b)—

• (i) for “, as the case may be, by regulation 4 or 5” substitute “by Tribunal Procedure Rules”; and

• (ii) for “application for extension of time” substitute “notice of appeal is submitted”; and

• (d) in sub-paragraph (c) for “applicant’s” substitute “appellant’s”.

• (4) In paragraph (5)—

• (a) for “for granting an application for an extension of time for making an appeal under paragraph (1) the person determining the application shall have regard” substitute “to treat the appeal as made in time under paragraph (1) regard shall be had”; and

• (b) for “making of the application” to the end substitute “submission of the notice of appeal, the more cogent should be the special reasons.”.

• (5) In paragraph (6)—

• (a) for “for granting an application for an extension of time for making an appeal” substitute “to treat the appeal as made in time”;

• (b) in sub-paragraph (a)—

• (i) for “applicant” substitute “appellant”; and

• (ii) for “regulations 4 or 5” substitute “Tribunal Procedure Rules”; and

• (c) in sub-paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”.

• (6) Omit paragraphs (7) and (8).

• (7) For paragraph (9) substitute—

(9) An appellant shall be notified of a decision made under this regulation.

• (8) Omit paragraphs (10) to (12).

326

For regulation 8 (general provisions relating to the procedure for appeals) substitute—

(8) Regulation 34 of the Social Security Regulations shall apply in relation to an appeal as it applies to an appeal to the First-tier Tribunal under section 12 of the Social Security Act 1998, except that a reference to a party to the proceedings means the person to whom the certificate was issued.

327

Omit regulation 9 (consolidation of appeals).

Scottish Parliament (Disqualification) Order 2007

328

In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2007¹¹⁹ (office-holders disqualified from being a member of the Scottish Parliament)—

• (a) omit the entries for—

• (i) “Any member of the Council on Tribunals”;

• (ii) “Any member of the Scottish Committee of the Council of Tribunals”;

• (iii) “Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995”; and

• (iv) “Chief Asylum Support Adjudicator, Deputy Chief Asylum Support Adjudicator and any other adjudicator appointed under paragraph 1 of Schedule 10 to the Immigration and Asylum Act 1999”; and

• (b) after the entry for Accounts Commission for Scotland insert “Any member of the Administrative Justice and Tribunals Council or the Scottish Committee of the Administrative Justice and Tribunals Council”.

Tax Credits (Child Care Providers) (Miscellaneous Revocation and Transitional Provisions) (England) Scheme 2007

329

Article 4 of the Tax Credits (Child Care Providers) (Miscellaneous Revocation and Transitional Provisions) (England) Scheme 2007¹²⁰ (revocation of the 2005 Scheme and transitional provision) is amended as follows—

• (a) in paragraph (2) after “effect” insert “, with the modifications in paragraph (3),”; and

• (b) after paragraph (2) insert—

(3) For the purposes of paragraph (2) the 2005 Scheme is amended as follows— (a) in article 2 omit the definitions of “the Tribunal” and “the Tribunal Regulations”; (b) in article 11— (i) in paragraphs (1) and (5) for “Tribunal” substitute “First-tier Tribunal”; (ii) for paragraph (2) substitute— (2) Tribunal Procedure Rules shall apply to an appeal under paragraph (1) as they apply to an appeal under section 79M of the 1989 Act. (c) omit paragraphs (3) and (4).

European Communities (Recognition of Professional Qualifications) Regulations 2007

330

In Schedule 5 to the European Communities (Recognition of Professional Qualifications) Regulations 2007¹²¹ (appeal bodies) for “Care Standards Tribunal”, in each place, substitute “First-tier Tribunal”.

Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

331

In article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007¹²² (list of tribunals)—

• (a) omit the following entries—

• (i) Adjudicators under section 5 of the Criminal Injuries Compensation Act 1995;

• (ii) Asylum Support Adjudicators;

• (iii) Pensions Appeal Tribunals for England and Wales;

• (iv) Special Educational Needs and Disability Tribunal; and

• (v) Tribunal under section 9 of the Protection of Children Act 1999; and

• (b) for “Mental Health Review Tribunals for England and Wales” substitute “Mental Health Review Tribunal for Wales”.

Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008

332

The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008¹²³ is amended as follows.

333

In article 1(2) (citation, commencement and interpretation) omit the definition of “Tribunal”.

334

In article 2(5) and (6) (inclusion in the children’s barred list: persons disqualified from working with children) for “Tribunal”, in each place, substitute “Upper Tribunal”.

335

In article 4(5) and (6) (inclusion in the adults’ barred list: persons considered unsuitable to work with vulnerable adults) for “Tribunal”, in each place, substitute “Upper Tribunal”.

Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008

336

The Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008¹²⁴ are amended as follows.

337

In regulation 1 (citation, commencement and interpretation) omit the definition of “Tribunal”.

338

In regulation 4(2)(b) (the minimum barred period: persons included in the list maintained under section 1 of the Protection of Children Act 1999) for “Tribunal” substitute “Upper Tribunal”.

339

In regulation 5(2)(b) (the minimum barred period: persons subject to disqualification orders) for “Tribunal” substitute “Upper Tribunal”.

340

In regulation 6(2)(b) (the minimum barred period: persons subject to directions made under section 142(1) of the Education Act 2002) for “Tribunal” substitute “Upper Tribunal”.

341

In regulation 8(4)(b) (the minimum barred period: persons subject to previous restrictions (adults’ barred list)) for “Tribunal” substitute “Upper Tribunal”.

Employment and Support Allowance Regulations 2008

342

For regulation 40(2)(b)(ii) of the Employment and Support Allowance Regulations 2008¹²⁵ (a claimant who works to be treated as not entitled to an employment support allowance) substitute—

(ii) 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 2008¹²⁶.

Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008

343

In regulation 12 of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008¹²⁷ (appeal against suspensions) for “Tribunal”, in each place, substitute “First-tier Tribunal”.

Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

344

Schedule 1 of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008¹²⁸ (modification of certain provisions of the Act) is amended as follows—

• (a) in paragraph 5—

• (i) for “medical appeal tribunal” substitute “First-tier Tribunal”; and

• (ii) omit sub-paragraph (a); and

• (b) in paragraph 6 for “Social Security Commissioner” substitute “Upper Tribunal”.

Trade Marks Rules 2008

345

In rule 66 of the Trade Marks Rules 2008¹²⁹ (hearings before registrar to be in public) omit paragraph (2).

Child Support Information Regulations 2008

346

In regulation 12(1)(c) and (2) of the Child Support Information Regulations 2008¹³⁰ (disclosure of information to a court or tribunal) for “an appeal tribunal” substitute “the First-tier Tribunal”.

SCHEDULE 2 — Revocations

Column 1 Instrument revoked	Column 2 Reference	Column 3 Extent of revocation
The Pensions Appeal Tribunals (England and Wales) Regulations 1926	S.I. 1926/129	The whole of the Regulations.
The Pensions Appeals Tribunals (England and Wales) Rules 1980	S.I. 1980/1120	The whole of the Rules.
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 1986	S.I. 1986/366	The whole of the Rules.
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 1998	S.I. 1998/1201	The whole of the Rules.
The Child Support (Miscellaneous Amendments) (No 2) Regulations 1999	S.I. 1999/1047	Regulation 46.
The Child Support Commissioners (Procedure) Regulations 1999	S.I. 1999/1305	The whole of the Regulations.
The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 1999	S.I. 1999/1466	Regulation 2.
The Social Security and Child Support (Decisions and Appeals) Amendment No 3 Regulations 1999	S.I. 1999/1670	Regulation 2(5).
The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999	S.I. 1999/2570	Regulations 22, 23(2), 25, 26 and 27.
The Social Security and Child Support (Decisions and Appeals), Vaccine Damage Payments and Jobseeker’s Allowance (Amendment) Regulations 1999	S.I. 1999/2677	Regulations 9 and 10.
The Asylum Support Appeals (Procedure) Rules 2000	S.I. 2000/541	The whole of the Rules.
The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000	S.I. 2000/1596	Regulations 24, 25 and 29 to 32.
The Social Security Commissioners (Procedure) (Amendment) Regulations 2000	S.I. 2000/2854	The whole of the Regulations.
The Child Support (Decisions and Appeals) (Amendment) Regulations 2000	S.I. 2000/3185	Regulation 13.
The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001	S.I. 2001/158	Regulation 4(2) (in so far as it applies to regulation 44 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999) and (5).
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 2001	S.I. 2001/257	The whole of the Rules.
The Social Security Commissioners (Procedure) (Amendment) Regulations 2001	S.I. 2001/1095	Regulations 2, 3(c) to (k), 4, 5(b) and (c) and 6 to 14.
The Pensions Appeals Tribunals (England and Wales) (Amendment No 2) Rules 2001	S.I. 2001/1183	The whole of the Rules.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002	S.I. 2002/816	The whole of the Regulations.
The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002	S.I. 2002/1379	Regulations 9, 10(a), 13 to 20, 22, 27(a) and 28.
The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002	S.I. 2002/3237	The whole of the Regulations.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003	S.I. 2003/626	The whole of the Regulations.
The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2003	S.I. 2003/1050	Regulation 3(1).
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No.2) Regulations 2003	S.I. 2003/1060	The whole of the Regulations.
The Asylum Support Appeals (Procedure) (Amendment) Rules 2004	S.I. 2003/1735	The whole of the Rules.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No.3) Regulations 2003	S.I. 2003/2043	The whole of the Regulations.
The Mental Health Review Tribunals (Regions) Order 2003	S.I. 2003/2251	The whole Order.
The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004	S.I. 2004/664	Paragraph 7 of Schedule 1.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2004	S.I. 2004/2073	The whole of the Regulations.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No.2) Regulations 2004	S.I. 2004/3354	The whole of the Regulations.
The Social Security, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations 2004	S.I. 2004/3368	Regulations 2(4) to (7), 3(2) and (3) and 6.
The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005	S.I. 2005/207	The whole of the Regulations.
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005	S.I. 2005/337	Regulations 2(8) to (18) and (20) and 4(3) to (11).
The Social Security Commissioners (Procedure) (Amendment) Regulations 2005	S.I. 2005/870	The whole of the Regulations.
The Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005	S.I. 2005/1031	The whole of the Regulations.
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc Provisions) Order 2005	S.I. 2005/2877	Paragraph 36(3) of Schedule 3.
The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005	S.I. 2005/2878	Regulation 9(3).
The Adoption and Children Act 2002 (Consequential Amendments) Order 2005	S.I. 2005/3504	Article 6.
The Pensions Appeals Tribunals (England and Wales) (Amendment) Rules 2005	S.I. 2005/7009	The whole of the Rules.
The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006	S.I. 2006/217	Paragraph 15 of Schedule 2.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2006	S.I. 2006/1930	The whole of the Regulations.
The Transfer of Functions (Asylum Support Adjudicators) Order 2007	S.I. 2007/275	Article 6(2).
The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007	S.I. 2007/603	Regulation 11.
The Health and Social Care (Community Health and Standards) Act 2003 Consequential Provisions (Recovery of NHS Charges) Order 2007	S.I. 2007/917	The whole Order.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2007	S.I. 2007/1684	The whole of the Regulations.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Inclusion in the PoCA List and Review of Section 142 Directions) Regulations 2007	S.I. 2007/2620	The whole of the Regulations.
The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007	S.I. 2007/3224	Paragraph 32 of the Schedule.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008	S.I. 2008/1497	The whole of the Regulations.
The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2008	S.I. 2008/1802	The whole of the Regulations.
The Child Support Commissioners (Procedure) (Amendment) Regulations 2008	S.I. 2008/1955	The whole of the Regulations.
The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008	S.I. 2008/1957	The whole of the Regulations.

Signed

By authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 9th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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.

Footnotes