LegalizeThe Transfer of Tribunal Functions Order 2008
Made: 29th October 2008
Coming into force: 3rd November 2008
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 49(5) of that Act.
Citation, commencement, interpretation and extent
1
- (1) This Order may be cited as the Transfer of Tribunal Functions Order 2008 and comes into force on 3rd November 2008.
- (2) A reference in this Order to a Schedule by a number alone is a reference to the Schedule so numbered in this Order.
- (3) Subject as follows, this Order extends to England and Wales, Scotland and Northern Ireland.
- (4) Except as provided by paragraph (5) or (6), an amendment, repeal or revocation of any enactment by any provision of Schedule 3 extends to the part or parts of the United Kingdom to which the enactment extends.
- (5) For the purposes of article 3(3)(a) and (b) the following amendments, repeals and revocations made by the provisions of that Schedule do not extend to Scotland—
- (a) paragraphs 145 to 147;
- (b) paragraph 150;
- (c) paragraph 151(d);
- (d) paragraph 152;
- (e) paragraph 154;
- (f) paragraphs 167 to 173; and
- (g) paragraph 228(h), (l), (n) and (r).
- (6) The amendments and repeals made by paragraphs 198 to 201 of Schedule 3 do not extend to Scotland.
Additions to the list of tribunals in Schedule 6
2
In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entries at the appropriate places—
| “Claims Management Services Tribunal | Section 12 of the Compensation Act 2006 (c.29)” |
|---|---|
| “Gender Recognition Panel | Section 1(3) of the Gender Recognition Act 2004 (c.7)” |
| “Tribunal | Section 704 of the Income Tax Act 2007 (c.3)” |
Transfer of functions of certain tribunals
3
- (1) Subject to paragraph (3), the functions of the tribunals listed in Table 1 of Schedule 1 are transferred to the First-tier Tribunal.
- (2) Subject to paragraph (3), the functions of the tribunals listed in Table 2 of Schedule 1 are transferred to the Upper Tribunal.
- (3) The following functions are not transferred—
- (a) the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998[^f00002] of an appeal which is referred to such 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 2003[^f00003] (“the 2003 Act”); and
- (b) the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of the 2003 Act against a decision falling within sub-paragraph (a).
Abolition of tribunals transferred under section 30(1)
4
The tribunals listed in Table 1 and Table 2 of Schedule 1 are abolished except for—
- (a) appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 in respect of Scotland for the purposes of the function described in article 3(3)(a); and
- (b) the Social Security Commissioners in respect of Scotland for the purposes of the function described in article 3(3)(b).
Transfer of persons into the First-tier Tribunal and the Upper Tribunal
5
- (1) A person holding an office listed in a table in Schedule 2 who was, was a member of, or was an authorised decision-maker for, a tribunal listed in the corresponding table in Schedule 1 immediately before the functions of that tribunal were transferred under article 3 shall hold the corresponding office or offices.
- (2) In paragraph (1) “corresponding” means appearing in the corresponding entry in the table below.
| Table in Schedule 1 | Table in Schedule 2 | Office or offices |
|---|---|---|
| Table 1 | Table 1 | Transferred-in judge of the First-tier Tribunal |
| Table 1 | Table 2 | Transferred-in other member of the First-tier Tribunal |
| Table 1 | Table 3 | Transferred in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal |
| Table 2 | Table 4 | Transferred-in judge of the Upper Tribunal |
| Table 1 or 2 | Table 5 | Transferred-in other member of the Upper Tribunal |
Appeal to Upper Tribunal from tribunals in Wales
6
- (1) An appeal against a decision of a tribunal listed in paragraph (2) lies to the Upper Tribunal.
- (2) The tribunals referred to in paragraph (1) are—
- (a) the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983[^f00004]; and
- (b) the Special Educational Needs Tribunal for Wales established under section 336ZA of the Education Act 1996[^f00005].
Appeal to Upper Tribunal from tribunals in Scotland
7
An appeal against a decision of the Pensions Appeal Tribunal in Scotland under section 5 of the Pensions Appeal Tribunals Act 1943[^f00006] (assessment decision) lies to the Upper Tribunal.
Appeal to Upper Tribunal from tribunals in Northern Ireland
8
An appeal against a decision of the Pensions Appeal Tribunal in Northern Ireland under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) lies to the Upper Tribunal.
Minor, consequential and transitional provisions
9
- (1) Schedule 3 contains minor, consequential and supplemental amendments, and repeals and revocations as a consequence of those amendments.
- (2) Schedule 4 contains transitional provisions.
SCHEDULE 1 — Functions transferred to the First-tier Tribunal and Upper Tribunal
| Tribunal | Enactment |
|---|---|
| Adjudicator | Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) |
| Appeal tribunal | Chapter 1 of Part 1 of the Social Security Act 1998 (c.14) |
| Asylum Support Adjudicators | Section 102 of the Immigration and Asylum Act 1999 (c.33) |
| Mental Health Review Tribunal for a region of England | Section 65(1) and (1A)(a) of the Mental Health Act 1983 (c.20) |
| Pensions Appeal Tribunal in England and Wales | Section 8(2) of the War Pensions (Administrative Provisions) Act 1919 (c.53) and paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39) |
| Special Educational Needs and Disability Tribunal | Section 28H of the Disability Discrimination Act 1995 (c.50) and section 333 of the Education Act 1996 (c.56) and |
| Tribunal, except in respect of its functions under section 4 of the Safeguarding Vulnerable Groups Act 2006 (c.47) | Section 9 of the Protection of Children Act 1999 (c.14) |
| Tribunal | Enactment |
| --- | --- |
| Child Support Commissioner | Section 22 of the Child Support Act 1991 (c.48) |
| Social Security Commissioner | Schedule 4 to the Social Security Act 1998 (c.14) |
| Tribunal, in respect of its functions under section 4 of the Safeguarding Vulnerable Groups Act 2006 (c.47) | Section 9 of the Protection of Children Act 1999 (c.14) |
SCHEDULE 2 — Persons transferred as judges and members of the First-tier Tribunal and Upper Tribunal
| Tribunal Member | Enactment |
|---|---|
| A legal member of the Criminal Injuries Compensation Appeals Panel | Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes |
| A legally qualified panel member | Section 6 of the Social Security Act 1998 (c.14) |
| The Deputy Chief Asylum Support Adjudicator or an adjudicator | Section 102 of and paragraph 1(a) and (c) of Schedule 10 to the Immigration and Asylum Act 1999 (c.33) |
| A legal member | Paragraph 1(a) of Schedule 2 to the Mental Health Act 1983 (c.20) |
| The Deputy President of Pensions Appeal Tribunals or a legally qualified member | Paragraphs 2A(1)(a) and 2B(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39) |
| A member of the chairmen’s panel | Section 333(2)(b) of the Education Act 1996 (c.56) |
| A member of the chairmen’s panel | Paragraph 1(1)(a) of the Schedule to the Protection of Children Act 1999 (c.14) |
| Tribunal Member | Enactment |
| --- | --- |
| A member of the Criminal Injuries Compensation Appeals Panel other than the Chairman or a legal member | Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes |
| A financially qualified panel member, a medically qualified panel member or a panel member with a disability qualification | Section 6 of the Social Security Act 1998 (c.14) |
| A medical member or other member | Paragraph 1(b) or (c) of Schedule 2 to the Mental Health Act 1983 (c.20) |
| A medically qualified member, a member with knowledge or experience of service, or other member | Paragraph 2A(1)(b), (c) or (d) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39) |
| A member of the lay panel | Section 333(2)(c) of the Education Act 1996 (c.56) |
| A member of the lay panel, other than a member in Table 5 | Paragraph 1(1)(c) of the Schedule to the Protection of Children Act 1999 (c.14) |
| Tribunal Member | Enactment |
| --- | --- |
| The Chairman | Section 5(3)(b) of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes |
| The President | Section 5 of the Social Security Act 1998 (c.14) |
| The Chief Asylum Support Adjudicator | Section 102 of and paragraph 1(b) of Schedule 10 to the Immigration and Asylum Act 1999 (c.33) |
| A chairman of a Mental Health Review Tribunal | Paragraph 3 of Schedule 2 to the Mental Health Act 1983 (c.20) |
| A President of Pensions Appeal Tribunals | Paragraph 2B(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39) |
| A President | Section 333(2)(a) of the Education Act 1996 (c.56) |
| The President | Paragraph 1(1)(a) of the Schedule to the Protection of Children Act 1999 (c.14) |
| The Deputy President | Appointed as a member of the chairmen’s panel under paragraph 1(1)(b) of the Schedule to the Protection of Children Act 1999 (c.14) and also appointed as deputy president of the Tribunal |
| A deputy Child Support Commissioner | Paragraph 4 of Schedule 4 to the Child Support Act 1991 (c.48) |
| A deputy Commissioner | Paragraph 1(2) of Schedule 4 to the Social Security Act 1998 (c.14) |
| Tribunal Member | Enactment |
| --- | --- |
| The Chief Child Support Commissioner or a Child Support Commissioner | Section 22 of the Child Support Act 1991 (c.48) |
| The Chief Social Security Commissioner or a Social Security Commissioner | Paragraph 1 of Schedule 4 to the Social Security Act 1998 (c.14) |
| Tribunal Member | Enactment |
| --- | --- |
| A member of the lay panel who was appointed on the ground that the member satisfied the requirements referred to in regulation 41(1) of the Protection of Children Act Tribunal Regulations 2000 (S.I. 2000/2619) or regulation 3(1)(a) or (b) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (S.I. 2002/816) | Paragraph 1(1)(c) of the Schedule to the Protection of Children Act 1999 (c.14) |
SCHEDULE 3 — Minor, consequential and supplemental provisions
War Pensions (Administrative Provisions) Act 1919
1
The War Pensions (Administrative Provisions) Act 1919[^f00007] is amended as follows.
2
In section 8 (appeals to Pensions Appeal Tribunals)—
- (a) in the heading, omit “to Pensions Appeal Tribunals”;
- (b) in subsection (1) for the words from “a Pensions Appeal Tribunal” to the end substitute “the appropriate tribunal, whose decision shall be final (subject, in the case of a decision of the First-Tier Tribunal, to provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007).”;
- (c) after that subsection insert—
(1A) For the purposes of subsection (1) above “the appropriate tribunal” means— (a) in relation to England and Wales, the First-tier Tribunal; (b) in relation to Scotland, a Pensions Appeal Tribunal for Scotland established under this section; and (c) in relation to Northern Ireland, a Pensions Appeal Tribunal for Northern Ireland established under this section.
; and
- (d) in subsection (2)—
- (i) for “such parts of the United Kingdom as may be determined” substitute “Scotland and Northern Ireland”; and
- (ii) for “of Pensions Appeal Tribunals” substitute “of those tribunals”.
3
In paragraph 1 of the Schedule (constitution jurisdiction and procedure of Pensions Appeal Tribunals) for the words from the beginning to “Kingdom” substitute “Such number of pensions appeal tribunals shall be constituted for Scotland and Northern Ireland”.
Pensions Appeal Tribunals Act 1943
4
The Pensions Appeal Tribunals Act 1943[^f00008] is amended as follows.
5
In section 1 (appeals against rejection of war pension claims)—
- (a) in subsection (1) for “a Pensions Appeal Tribunal constituted under this Act (hereafter in this Act referred to as “the Tribunal”)” substitute “the appropriate tribunal”; and
- (b) in subsections (2), (3), (3A) and (4) for “Tribunal” substitute “appropriate tribunal”.
6
In section 2(1) and (2) (appeals against rejection of war pension claims made in respect of mariners, pilots etc) for “Tribunal” substitute “appropriate tribunal”.
7
In section 3(1) and (2) (appeals against rejection of war pension claims made in respect of civil defence volunteers and other civilians) for “Tribunal” substitute “appropriate tribunal”.
8
In section 4(1) and (2) (appeals in cases where award is withheld or reduced on ground of serious negligence or misconduct) for “Tribunal” substitute “appropriate tribunal”.
9
In section 5 (appeals against assessment of extent of disablement)—
- (a) in subsection (1) for “Tribunal”, in both places, substitute “appropriate tribunal”; and
- (b) in subsection (2)—
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