The Transfer of Tribunal Functions Order 2008

• (a) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

• (b) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.

• (7) In subsection (7)(a) for “a Commissioner”, in both places, substitute “the Upper Tribunal”.

163

In section 27 (restrictions on entitlement to benefit in certain cases of error)—

• (a) in subsections (1)(a) and (10)(a) and (b) for “a Commissioner” substitute “the Upper Tribunal”; and

• (b) in subsection (3) for “the Commissioner” substitute “the Upper Tribunal”.

164

In section 28 (correction of errors and setting aside of decisions)[^f00064]—

• (a) in subsection (1)—

• (i) in paragraph (a) after “decision”, in both places, insert “of the Secretary of State”; and

• (ii) omit paragraph (b) (together with the “and” immediately before it);

• (b) in subsection (1A) after “not include” insert “any decision of the First-tier Tribunal or”; and

• (c) in subsection (2) omit “or set aside decisions”.

165

In section 29(3) (decision that accident is an industrial accident), for “, an appeal tribunal or a Commissioner” substitute “, the First-tier Tribunal or the Upper Tribunal”.

166

Before section 39 insert—

(39ZA) - A document bearing a certificate which—is signed by a person authorised in that behalf by the Secretary of State, andstates that the document, apart from the certificate, is a record of a decision of an officer of the Secretary of State, - shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

167

In section 39(1) (interpretation etc of Chapter 2) omit the definitions of “appeal tribunal” and “Commissioner”.

168

In section 79 (regulations and orders)—

• (a) in subsection (1) for the words from the beginning to “to this Act,” substitute “Subject to subsection (2A) below,”; and

• (b) omit subsections (2) and (9).

169

In section 80 (Parliamentary control of regulations)[^f00065]—

• (a) in subsection (1)(a) omit “7, ”;

• (b) in subsection (1)(b)—

• (i) omit “paragraph 12 of Schedule 1,”; and

• (ii) omit “or paragraph 2 of Schedule 5”; and

• (c) omit subsections (3) and (4).

170

In section 81(1) (reports by Secretary of State) for “an appeal tribunal constituted under Chapter 1 of Part 1” substitute “the First-tier Tribunal”.

171

Omit Schedule 1 (appeal tribunals: supplementary provisions)[^f00066].

172

Omit Schedule 4 (Social Security Commissioners)[^f00067].

173

In Schedule 5 (regulations as to procedure: provision which may be made)—

• (a) in paragraph 1(a) and (b) omit “, an appeal tribunal or a Commissioner”; and

• (b) omit paragraphs 2 and 5 to 8.

Protection of Children Act 1999

174

The Protection of Children Act 1999[^f00068] is amended as follows.

175

In section 9 (the tribunal)—

• (a) omit subsection (1);

• (b) in subsection (2) for the words from the beginning to “Tribunal” substitute “Tribunal Procedure Rules may make any provision within subsection (3) in relation to the proceedings of the First-tier Tribunal (“the Tribunal”)—”;

• (c) for subsection (3) substitute—

(3) The provision within this subsection is provision— (a) as to the circumstances in which applications for permission may be made; or (b) for obtaining a medical report in a case where the decision appealed against was made on medical grounds.

• (d) in subsection (3A) (as that subsection has effect before the commencement of its repeal by paragraph 8(3)(c) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006[^f00069])—

• (i) for “The regulations” substitute “Tribunal Procedure Rules”; and

• (ii) omit “; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations”;

• (e) omit subsection (3B);

• (f) for subsection (3C) substitute—

(3C) Before making in Tribunal Procedure Rules provision within subsection (3) in relation to proceedings of the Tribunal on an appeal or determination within subsection (2)(c) or (d), the Tribunal Procedure Committee must consult the Welsh Ministers.

• (g) omit subsection (4);

• (h) for subsection (5) substitute—

(5) Any person who without reasonable excuse fails to comply with any requirement— (a) which is imposed by Tribunal Procedure Rules in relation to any of the proceedings of the Tribunal mentioned in subsection (2) above, and (b) which is— (i) a requirement imposing reporting restrictions, (ii) a requirement in respect of the discovery or inspection of documents of a kind which could be imposed by a county court, or (iii) a requirement for persons to attend to give evidence or produce documents, is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

; and

• (i) omit subsections (6) and (7).

176

In section 12(1) (interpretation) in the definition of “Tribunal” (as that definition has effect before the commencement of its repeal by paragraph 8(4)(a) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006) for “tribunal established under section 9 above” substitute “First-tier Tribunal”.

177

Omit the Schedule (the tribunal).

Access to Justice Act 1999

178

In paragraph 2(1) of Schedule 2 to the Access to Justice Act 1999[^f00070] (Community Legal Service: excluded services) for paragraph (g) substitute—

(g) the First-tier Tribunal under any provision of the Mental Health Act 1983 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984, or the Mental Health Review Tribunal for Wales, (ga) the Upper Tribunal arising out of proceedings within paragraph (g),

Immigration and Asylum Act 1999

179

The Immigration and Asylum Act 1999[^f00071] is amended as follows.

180

In section 94(1) (interpretation of Part 6) omit the definition of “adjudicator”.

181

Omit section 102 (Asylum Support Adjudicators).

182

In section 103 (appeals) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002[^f00072]—

• (a) in subsections (1), (2), (2A) and (7) for “an adjudicator” substitute “the First-tier Tribunal”;

• (b) in subsections (3) and (5) for “adjudicator” substitute “First-tier Tribunal”;

• (c) in subsection (3)(b) for “his” substitute “its”; and

• (d) omit subsection (4).

183

In section 103 (appeals) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002—

• (i) in subsections (2), (3) and (5) for “an adjudicator” substitute “the First-tier Tribunal”;

• (ii) in subsection (5)(b) for “his” substitute “its”; and

• (iii) omit subsection (6).

184

In section 103A(1) (appeals: location of support under section 4 or 95) for “an adjudicator” substitute “the First-tier Tribunal”.

185

Omit section 104 (Lord Chancellor’s rules).

186

Omit Schedule 10 (Asylum Support Adjudicators).

Care Standards Act 2000

187

In section 121(1) of the Care Standards Act 2000[^f00073] (general interpretation) in the definition of “the Tribunal” for “tribunal established by section 9 of the 1999 Act” substitute “First-tier Tribunal”.

Freedom of Information Act 2000

188

In Part 6 of Schedule 1 of the Freedom of Information Act 2000[^f00074] (public bodies and offices) omit the entry relating to the Criminal Injuries Compensation Appeals Panel.

Criminal Justice and Court Services Act 2000

189

In section 42(1) of the Criminal Justice and Court Services Act 2000[^f00075] (interpretation of Part 2) in the definition of “the Tribunal” for “tribunal established by section 9 of the Protection of Children Act 1999” substitute “First-tier Tribunal”.

Child Support, Pensions and Social Security Act 2000

190

• (1) Schedule 7 to the Child Support, Pensions and Social Security Act 2000[^f00076] (housing benefit and council tax benefit: revisions and appeals) is amended as follows.

• (2) In paragraph 4 (decisions superseding earlier decisions)—

• (a) in sub-paragraph (1)(b) for “of an appeal tribunal or a Commissioner” substitute “of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision”; and

• (b) in sub-paragraph (2)—

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

• (ii) for “Commissioner” substitute “Upper Tribunal”.

• (3) In paragraph 6 (appeal to appeal tribunal)—

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

• (b) in sub-paragraphs (3), (6) and (9) for “an appeal tribunal” substitute “the First-tier Tribunal”.

• (4) In paragraph 7 (redetermination etc of appeals by tribunal)—

• (a) in sub-paragraph (1) for the words from “to a person” to the end substitute “to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6”;

• (b) omit sub-paragraph (2); and

• (c) in sub-paragraph (3)—

• (i) for “the person” substitute “the First-tier Tribunal”; and

• (ii) for “tribunal” substitute “First-tier Tribunal”.

• (5) In paragraph 8 (appeal from tribunal to Commissioner)—

• (a) in the heading for “tribunal to Commissioner” substitute “First-tier Tribunal to Upper Tribunal”;

• (b) omit sub-paragraph (1);

• (c) in sub-paragraph (2)—

• (i) for “lies under this paragraph” substitute “to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under paragraph 6 or 7 lies”; and

• (ii) in paragraph (c) for “appeal tribunal” substitute “First-tier Tribunal”; and

• (d) omit sub-paragraphs (3) to (8).

• (6) In paragraph 9 (appeal from Commissioner on point of law)—

• (a) for the heading substitute “Applications for permission to appeal against a decision of the Upper Tribunal”;

• (b) omit sub-paragraphs (1) and (2); and

• (c) in sub-paragraph (3)—

• (i) for “An application for leave under this paragraph in respect of a Commissioner’s decision” substitute “An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under paragraph 6 or 7”;

• (ii) in paragraph (a) for “Commissioner”, in both places, substitute “Upper Tribunal”;

• (iii) in paragraphs (a) and (b) for “Commissioner’s” substitute “Upper Tribunal’s”;

• (iv) in paragraph (c) for “leave” substitute “permission”; and

• (v) omit the words from “and regulations” to the end; and

• (d) omit sub-paragraphs (4) and (5).

• (7) In paragraph 10 (procedure) omit sub-paragraphs (2) to (8).

• (8) In paragraph 11 (finality of decisions) after “Subject to the provisions of this Schedule” insert “and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

• (9) In paragraph 12(a) (matters arising as respects decisions) for “, an appeal tribunal or a Commissioner” substitute “or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Schedule of the First-Tier Tribunal,”.

• (10) In paragraph 13 (suspension in prescribed circumstances)—

• (a) in sub-paragraph (2)—

• (i) in paragraph (c) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and

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

• (b) in sub-paragraph (3)(b) and (c) for “leave” substitute “permission”.

• (11) In paragraph 16(1)(b) (decisions involving issues that arise on appeal in other cases) for “a Commissioner” substitute “the Upper Tribunal”.

• (12) In paragraph 17 (appeals involving issues that arise on appeal in other cases)—

• (a) in sub-paragraph (1)—

• (i) in paragraph (a) for “an appeal tribunal, or from an appeal tribunal to a Commissioner” substitute “the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal”; and

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

• (b) in sub-paragraph (2) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;

• (c) in sub-paragraph (3)(a) and (b) for “tribunal” substitute “First-tier Tribunal”;

• (d) in sub-paragraph (4)—

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

• (ii) in paragraph (b) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;

• (e) in sub-paragraph (5)—

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

• (ii) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

• (f) in sub-paragraph (7)(a) for “a Commissioner”, in both places, substitute “the Upper Tribunal”.

• (13) In paragraph 18 (restrictions on entitlement to benefit in certain cases of error)—

• (a) in sub-paragraph (1)(a) for “by virtue of this Schedule to a Commissioner” substitute “to the Upper Tribunal”;

• (b) in sub-paragraph (3) for “the Commissioner” substitute “the Upper Tribunal”; and

• (c) in sub-paragraph (9)(a) and (b) for “a Commissioner” substitute “the Upper Tribunal”.

• (14) In paragraph 19(1) (correction of errors and setting aside of decisions)—

• (a) in sub-paragraph (1)—

• (i) in paragraph (a) after “record of a decision made” insert “by the relevant authority”; and

• (ii) omit paragraph (b) (together with the “and” immediately before it); and

• (b) in sub-paragraph (2) omit “or set aside decisions”.

• (15) In paragraph 20 (regulations)—

• (a) in paragraph (1) for the words from “exercisable—” to the end “substitute “exercisable by the Secretary of State”; and

• (b) omit sub-paragraph (6).

• (16) In paragraph 23 (interpretation) omit the definitions of “appeal tribunal”, “the Chief Commissioner” and “Commissioner”.

Tax Credits Act 2002

191

• (1) Section 63 of the Tax Credits Act 2002[^f00077] (tax credits appeals etc: temporary modifications) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In subsection (13) for the words from the beginning to “in Northern Ireland,” substitute “ “Northern Ireland Social Security Commissioner” means”.

Education Act 2002

192

The Education Act 2002[^f00078] is amended as follows.

193

In section 144(1) (directions under section 142: appeal) for “Tribunal established under section 9 of the Protection of Children Act 1999 (c.14)” substitute “First-tier Tribunal”.

194

In section 166(1) (appeals) for “tribunal established under section 9 of the Protection of Children Act 1999 (c.14)” substitute “First-tier Tribunal”.

195

In subsection 167(1) (determination of appeals) for “tribunal established under section 9 of the Protection of Children Act 1999 (c.14)” substitute “First-tier Tribunal”.

196

In section 167B(1) (directions under section 167A: appeals) for “Tribunal established under section 9 of the Protection of Children Act 1999” substitute “First-tier Tribunal”.

Nationality, Immigration and Asylum Act 2002

197

In section 36(6) of the Nationality, Immigration and Asylum Act 2002[^f00079] (education: general) for “Special Educational Needs Tribunal” substitute “First-tier Tribunal or the Special Educational Needs Tribunal for Wales”.

Health and Social Care (Community Health and Standards) Act 2003

198

The Health and Social Care (Community Health and Standards) Act 2003[^f00080] is amended as follows.

199

In section 157 (appeal against a certificate or a waiver decision)—

• (a) in subsection (6) for “sections 158 and 159” substitute “section 158”; and

• (b) in subsection (7) omit paragraph (c) (but not the “and” at the end of the paragraph).

200

In section 158 (appeal tribunals)—

• (a) in subsection (1) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (c.14)” substitute “the First-tier Tribunal”;

• (b) in subsection (4) for “the tribunal” substitute “a tribunal”; and

• (c) omit subsection (7).

201

Omit section 159 (appeal to Social Security Commissioner).

Child Trust Funds Act 2004

202

• (1) Section 24 of the Child Trust Funds Act 2004[^f00081] (temporary modifications) is amended as follows.

• (2) In subsection (2)—

• (a) for “appeal tribunal”, in both places, substitute “appropriate tribunal”;

• (b) for “a Social Security Commissioner” substitute “the Upper Tribunal or a Northern Ireland Social Security Commissioner”; and

• (c) for “the Social Security Commissioner” substitute “the Upper Tribunal or the Northern Ireland Social Security Commissioner”.

• (3) In subsection (3)—

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

• (b) in paragraph (b) for “appeal tribunal” substitute “appropriate tribunal”.

• (4) In subsection (4) for “an appeal tribunal” substitute “the appropriate tribunal”.

• (5) In subsection (5)—

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

• (b) for “a Social Security Commissioner” substitute “the Upper Tribunal or a Northern Ireland Social Security Commissioner”.

• (6) For subsection (6) substitute—

(6) “Appropriate tribunal” means (a) the First-tier Tribunal, or (b) an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998.

• (7) In subsection (7) for the words from the beginning to “in Northern Ireland,” substitute “ “Northern Ireland Social Security Commissioner” means”.

Asylum and Immigration (Treatment of Claimants, etc) Act 2004

203

In section 9(4) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004[^f00082] (failed asylum seekers: withdrawal of support) for “adjudicator” substitute “First-tier Tribunal”.

Domestic Violence, Crime and Victims Act 2004

204

The Domestic Violence, Crime and Victims Act 2004[^f00083] is amended as follows.

205

In section 37(5) (representations where restriction order made) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

206

In section 37A(6) (representations where restriction order not made) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

207

In section 38(5)(a) and (b) (information where restriction order made) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

208

In section 38A(4)(a) to (c) (information where restriction order not made) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

209

In section 40(5) (representations) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

210

In section 41(5)(a) and (b) (information) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

211

In section 43(5) (representations where restriction direction made) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

212

In section 43A(6) (representations where restriction direction not given) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

213

In section 44(5)(a) and (b) (information where restriction direction made) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

214

In section 44A(4)(a) to (c) (information where restriction direction not given) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

215

In paragraph 17 of Schedule 9 (authorities within the remit of the Commissioner for Victims and Witnesses) for “Criminal Injuries Compensation Appeals Panel” substitute “Persons exercising functions relating to the carrying on of the business of the First-tier Tribunal in respect of appeals under the Criminal Injuries Compensation Scheme by virtue of section 5(1) of the Criminal Injuries Compensation Act 1995”.

Constitutional Reform Act 2005

216

The Constitutional Reform Act 2005[^f00084] is amended as follows.

217

Omit section 3(7B)(f) (guarantee of continued judicial independence).

218

In the table in section 94B(3) (appointments not subject to section 85: tribunals) omit the entries relating to a Deputy Child Support Commissioner and Deputy Social Security Commissioner.

219

• (1) Paragraph 4 of Schedule 7 (protected functions of the Lord Chancellor under particular enactments) is amended as follows.

• (2) In the entry relating to the Child Support Act 1991—

• (a) omit “Section 22”, “Section 24” and “Section 25”; and

• (b) in the entry relating to Schedule 4, for “1(3), 2(1) and (2), 2A(1), 4(1), 4A(1) and 7” substitute “2(1) and (2)”.

• (3) Omit the entry relating to the Protection of Children Act 1999.

• (4) Omit the entry relating to the Child Support, Pensions and Social Security Act 2000.

220

• (1) Schedule 14 (the Judicial Appointments Commission: relevant offices and enactments) is amended as follows.

• (2) In Part 1 (appointments by Her Majesty) omit the entries relating to—

• (a) a Chief Child Support Commissioner and Child Support Commissioner; and

• (b) a Chief Social Security Commissioner and Social Security Commissioner.

• (3) In Part 3 (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies) omit the entries relating to—

• (a) a Deputy Child Support Commissioner;

• (b) the President of the Special Educational Needs and Disability Tribunal and a member of the chairmen’s panel of that tribunal;

• (c) the President of appeal tribunals appointed under section 5(1) of the Social Security Act 1998;

• (d) a member of the panel of persons appointed under section 6(2) of that Act to act as members of appeal tribunals;

• (e) a Social Security Commissioner (deputy);

• (f) the President of the Tribunal, and a member of the chairmen’s panel of the Tribunal, appointed under paragraph 2(1) of the Schedule to the Protection of Children Act 1999; and

• (g) a member of the lay panel of the Tribunal appointed under paragraph 2(3) of that Schedule.

Childcare Act 2006

221

In section 69(11) of the Childcare Act 2006[^f00085] (suspension of registration) for “Tribunal established by section 9 of the Protection of Children Act 1999 (c 14)” substitute “First-tier Tribunal”.

Safeguarding Vulnerable Groups Act 2006

222

In section 4 of the Safeguarding Vulnerable Groups Act 2006[^f00086] (appeals)—

• (a) before “Tribunal”, in each place, insert “Upper”; and

• (b) omit subsections (8) to (11).

Mental Health Act 2007

223

In paragraph 2(2)(b) of Schedule 10 to the Mental Health Act 2007[^f00087] (transitional provisions and savings) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

Child Maintenance and Other Payments Act 2008

224

The Child Maintenance and Other Payments Act 2008[^f00088] is amended as follows.

225

In section 6 (fees)—

• (a) in subsection (5) for “an appeal tribunal” substitute “the First-tier Tribunal”; and

• (b) in subsection (6) for “appeal tribunals” substitute “First-tier Tribunal”.

226

In section 50 (appeal to appeal tribunal)—

• (a) in the heading for “appeal tribunal” substitute “First-tier Tribunal”;

• (b) in subsection (2) for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal”; and

• (c) omit subsection (4)(b).

227

Omit section 51 (appeal to Social Security Commissioner).

Repeals and revocations

228

In consequence of the amendments made by the above provisions of this Schedule, the following provisions are repealed or (as the case may be) revoked—

• (a) paragraph 63(1), (2) and (3)(a) of Schedule 2 to the Social Security (Consequential Provisions) Act 1992[^f00089];

• (b) paragraph 23(4) of Schedule 6 to the Judicial Pensions and Retirement Act 1993[^f00090];

• (c) section 17 of, and paragraph 18 of Schedule 3 to, the Child Support Act 1995[^f00091];

• (d) paragraphs 3(1), 11, 29, 30, 36, 42, 47(a), 51, 52, 113(b), 152(1) and (3) and 153 of Schedule 7 to the Social Security Act 1998[^f00092];

• (e) paragraph 8 of the Schedule to the Protection of Children Act 1999[^f00093];

• (f) paragraphs 71(b), 72(b) and 95 of Schedule 14 to the Immigration and Asylum Act 1999[^f00094];

• (g) paragraph 21 of Schedule 4 to the Care Standards Act 2000[^f00095];

• (h) paragraph 22(2) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000[^f00096];

• (i) paragraph 20(b) of Schedule 8 to the Special Educational Needs and Disability Act 2001[^f00097];

• (j) paragraph 22 of Schedule 3 and paragraph 47 of Schedule 12 to the Justice (Northern Ireland) Act 2002[^f00098];

• (k) paragraphs 4, 5 and 10(2) of Schedule 18 to the Education Act 2002[^f00099];

• (l) section 7(2) of the Armed Forces (Pensions and Compensation) Act 2004[^f00100];

• (m) paragraphs 25, 28(3)(d) and 221 of Schedule 4 to the Constitutional Reform Act 2005[^f00101];

• (n) paragraphs 273 and 274 of Schedule 4 to the Constitutional Reform Act 2005;

• (o) paragraph 1(4)(a), (8) and (9) of Schedule 7 to the Welfare Reform Act 2007[^f00102];

• (p) section 38(3)(b) and (c), (4) and (8) of the Mental Health Act 2007[^f00103];

• (q) paragraphs 22(2), (4) and (5) and 31 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007[^f00104];

• (r) paragraph 29 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007;

• (s) paragraphs 16(3) to (5), 17 and 54 of Schedule 3 to the Child Maintenance and Other Payments Act 2008[^f00105];

• (t) the entries in the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999[^f00106] relating to sections 22, 24 and 25 of, and Schedule 4 to, the Child Support Act 1991;

• (u) paragraph 2 of Schedule 10 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999[^f00107];

• (v) the entries in Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999[^f00108] relating to sections 22(3), 24(9) and 25(6) of, and Schedule 4 to, the Child Support Act 1991;

• (w) the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2003[^f00109];

• (x) paragraph 53 of Schedule 1 to the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007[^f00110].

• (y) the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2007[^f00111].

SCHEDULE 4 — Transitional provisions

Transitional provisions

1

Subject to article 3(3)(a) any proceedings before a tribunal listed in Table 1 of Schedule 1 which are pending immediately before 3rd November 2008 shall continue on and after 3rd November 2008 as proceedings before the First-tier Tribunal.

2

Subject to article 3(3)(b) any proceedings before a tribunal listed in Table 2 of Schedule 1 which are pending immediately before 3rd November 2008 shall continue on and after 3rd November 2008 as proceedings before the Upper Tribunal.

3

• (1) The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal or Upper Tribunal by virtue of paragraph 1 or 2.

• (2) Where a hearing began before 3rd November 2008 but was not completed by that date, the First-tier Tribunal or the Upper Tribunal, as the case may be, must be comprised for the continuation of that hearing of the person or persons who began it.

• (3) The First-tier Tribunal or Upper Tribunal, as the case may be, may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—

• (a) apply any provision in procedural rules which applied to the proceedings before 3rd November 2008; or

• (b) disapply provisions of Tribunal Procedure Rules.

• (4) In sub-paragraph (3) “procedural rules” means provision (whether called rules or not) regulating practice or procedure before a tribunal.

• (5) Any direction or order given or made in proceedings which is in force immediately before 3rd November 2008 remains in force on and after that date as if it were a direction or order of the First-tier Tribunal or Upper Tribunal, as the case may be.

• (6) A time period which has started to run before 3rd November 2008 and which has not expired shall continue to apply.

• (7) An order for costs may only be made if, and to the extent that, an order could have been made before 3rd November 2008.

4

Subject to article 3(3)(a) and (b) where an appeal lies to a Child Support or Social Security Commissioner from any decision made before 3rd November 2008 by a tribunal listed in Table 1 of Schedule 1, section 11 of the 2007 Act (right to appeal to Upper Tribunal) shall apply as if the decision were a decision made on or after 3rd November 2008 by the First-tier Tribunal.

5

Subject to article 3(3)(b) where an appeal lies to a court from any decision made before 3rd November 2008 by a Child Support or Social Security Commissioner, section 13 of the 2007 Act (right to appeal to Court of Appeal etc.) shall apply as if the decision were a decision made on or after 3rd November 2008 by the Upper Tribunal.

6

Subject to article 3(3)(a) and (b) any case to be remitted by a court on or after 3rd November 2008 in relation to a tribunal listed in Schedule 1 shall be remitted to the First-tier Tribunal or Upper Tribunal as the case may be.

Savings provisions

7

• (1) Section 78(8) of the Mental Health Act 1983[^f00112] shall continue to apply to any decision given by a Mental Health Review Tribunal before 3rd November 2008 as if the amendments to it in Schedule 3 had not been made.

• (2) Section 11(1) of the Tribunals and Inquiries Act 1992[^f00113] shall continue to apply to any decision given by the Special Educational Needs and Disability Tribunal or the Special Educational Needs Tribunal for Wales before 3rd November 2008 as if the amendments to it in Schedule 3 had not been made.

• (3) Section 9(6) of the Protection of Children Act 1999[^f00114] shall continue to apply to any decision given by the tribunal under section 9(1) of that Act before 3rd November 2008 as if the amendments to it in Schedule 3 had not been made.

Signed

By authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — 29th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act creates a new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal (“the new tribunals”) are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable existing tribunals to be transferred into the new structure. This Order has various primary functions to effect the transfers, and in addition contains various minor, consequential and transitional provisions, as explained below.

Transfer of functions of tribunals Article 3 transfers the functions of the tribunals listed in the tables in Schedule 1 to the new tribunals. Appeals under the Health and Social Care (Community Health and Standards) Act 2003 are made to the appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 and onward appeals from that tribunal are to the Social Security Commissioners. The functions related to these appeal rights in respect of Scotland are not transferred as part of this Order. Therefore, the appeal tribunal and Social Security Commissioners are retained for the purposes of these appeals. The extent provisions in article 1(5) retain the relevant legislation for the purpose of these appeals. In the case of Pensions Appeal Tribunals the transfer relates only to tribunals in England and Wales; Pensions Appeal Tribunals in Scotland and Northern Ireland retain their functions. In the case of Mental Health Review Tribunals the transfer relates only to tribunals in England; the Mental Health Review Tribunal for Wales retains its functions. In the special educational needs regime the functions of the Special Educational Needs and Disability Tribunal (which relates only to England) are transferred but the functions of the Special Educational Needs Tribunal for Wales are not.

Abolition of tribunals following transfer of functions Article 4 abolishes the tribunals from which the functions are transferred under article 3 (with exceptions to provide for tribunals to remain in place to hear the Scottish appeals which are not transferred).

Transfer of members of tribunals Article 5 provides for members of the tribunals from which the functions are transferred by article 3 to hold the offices of transferred-in judge or transferred-in other member of the First-tier Tribunal, or deputy judge or transferred-in judge of the Upper Tribunal. Those members becoming deputy judges of the Upper Tribunal also become transferred-in judges of the First-tier Tribunal. The tables in Schedule 2 set out which tribunal members hold which offices in the new tribunals.

Additions to Schedule 6 to the 2007 Act Article 2 adds three tribunals to the table in Part 4 of Schedule 6 to the 2007 Act, bringing them within the scope of the Lord Chancellor’s power to transfer tribunal functions to the First-tier Tribunal or the Upper Tribunal. None of the three tribunals are transferred to the new tribunals in this Order.

Appeals to the Upper Tribunal from tribunals in Wales, Scotland and Northern Ireland Article 6 provides for an onward appeal right to the Upper Tribunal from decisions of the Mental Health Review Tribunal for Wales and the Special Educational Needs Tribunal for Wales in place of the previous onward appeal right to the High Court. The transfer of the Pensions Appeal Tribunal for England and Wales to the First-tier Tribunal creates an onward appeal right for decisions under section 5 of the Pensions Appeal Tribunals Act 1943. To ensure parity across the jurisdictions articles 7 and 8 provide for an onward appeal from the Pensions Appeal Tribunals for Scotland and Northern Ireland to the Upper Tribunal for decisions under section 5 of the 1943 Act.

Minor and consequential provisions Article 9 brings Schedule 3 into effect. Schedule 3 contains minor and consequential amendments. The amendments in Schedule 3 are amendments to primary legislation resulting from the transfer of tribunal functions and members, abolition of tribunals and new appeal rights provided for in this Order. To a great extent the amendments redirect the existing appeal rights by the replacement of references to the tribunals being abolished with references to the tribunals to which the functions are being transferred. The Order also deletes provisions relating to the abolished tribunals where the effects of those provisions are or will be provided for in the Tribunals, Courts and Enforcement Act 2007 or in Tribunal Procedure Rules made under that Act. Amendments to the Mental Health Act 1983 ensure that that Act as amended refers to the First-tier Tribunal so far as proceedings relating to England are concerned, but to the Mental Health Review Tribunal for Wales (“MHRTfW”) so far as proceedings relating to Wales are concerned, and retains provisions relating to the constitution and procedure of the MHRTfW. That Act as amended also includes provision for the new appeal right from the MHRTfW to the Upper Tribunal. Amendments to the Disability Discrimination Act 1995 and the Education Act 1996 ensure that those Acts as amended refer to the First-tier Tribunal so far as proceedings relating to England are concerned, but to the Special Educational Needs Tribunal for Wales (“SENTfW”) so far as proceedings relating to Wales are concerned, and retain provisions relating to the constitution and procedure of the SENTfW. Those Acts as amended also include provision for the new appeal right from the SENTfW to the Upper Tribunal. Amendments to the War Pensions (Administrative Provisions) Act 1919 and the Pensions Appeal Tribunal Act 1943 ensure that those Acts as amended refer to the First-tier Tribunal so far as proceedings relating to England and Wales are concerned, but to the Pensions Appeal Tribunals so far as proceedings relating to Scotland and Northern Ireland are concerned. Onward appeals from decisions of the Pension Appeals Tribunals for Scotland are to the Upper Tribunal. Onward appeals from decisions of the Pensions Appeal Tribunal for Northern Ireland remain (apart from the new appeal right under section 5 of the 1943 Act) to the Social Security Commissioners for Northern Ireland. Article 104(5)(d) inserts a minor amendment into paragraph 3 of Part 2 of Schedule 4 to the Social Security Administration Act 1992. This amendment is in consequence of the creation of the Administrative Justice and Tribunals Council and the abolition of the Council on Tribunals under sections 44 and 445 of the 2007 Act.

Transitional and saving provisions Article 9(2) brings Schedule 4 into effect. Schedule 4 make transitional and saving provisions for the treatment of cases which would previously have been dealt with by the tribunals from which the functions are transferred by article 3, or onward appeals from those tribunals, following the coming into force of this Order. The Schedule provides for proceedings which have been started in tribunals from which the functions are transferred by article 3 to be transferred to the new tribunals; new proceedings will be started in the new tribunals. In transferred cases the following provisions apply: a hearing which has already been commenced but not completed will need to be completed in the new tribunal but comprised of the same members; directions and orders made prior to this Order coming into force will continue in force as if they were directions or orders of the new tribunals; Tribunal Procedure Rules made under the Tribunals, Courts and Enforcement Act 2007 will apply to all cases from day one, but the new tribunals will be able to disapply Tribunal Procedure Rules, apply procedural rules which applied to the abolished tribunals or make other directions to ensure that proceedings are dealt with fairly; time limits which begin to run before this Order comes into force continue to apply after the Order comes into force; and the new tribunals will only be able to make a costs order if and to the extent that the tribunal from which the case was transferred could have made such an order. Onward appeals against the decisions of tribunals from which the functions are transferred by article 3 are dealt with as follows: onward appeals against decisions given before 3rd November 2008 by a Mental Health Review Tribunal, the Special Educational Needs and Disability Tribunal, the Special Educational Needs Tribunal for Wales or the “Care Standards Tribunal” will continue to be made to the High Court, even if the onward appeal proceedings are not commenced until after that date. Onward appeals against decisions given on or after 3rd November 2008 must be made under the new regime; onward appeals against decisions given before 3rd November 2008 which would before that date have been heard by a Social Security Commissioner or Child Support Commissioner, but which are made after that date, must be made under the new regime; and onward appeals against decisions given by a Social Security Commissioner or Child Support Commissioner before 3rd November 2008, which are made after that date, must be made under the new regime. A Regulatory Impact Assessment was prepared for the Tribunals, Courts and Enforcement Act 2007. This can be found at: http://www.justice.gov.uk/publications/tribunalscourtsandenforcementact.htm

Footnotes

[^f00001]: 2007 c.15.

[^f00002]: 1998 c.14.

[^f00003]: 2003 c.43. This function of Scottish Ministers can be exercised by the Secretary of State pursuant to Scotland Act 1998 (Agency Arrangements) (Specifications) (No 3) Order 2006 (S.I. 2006/3338).

[^f00004]: 1983 c.20. Section 65 was amended by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c.17), and is further amended by section 38 of the Mental Health Act 2007 (c.12) and by Schedule 3 to this Order.

[^f00005]: 1996 c.56. Section 336ZA was inserted by paragraph 5 of Schedule 18 to the Education Act 2002 (c.32). Schedule 3 to this Order omits section 336ZA and amends section 333 so that it refers to the Special Educational Needs Tribunal to Wales.

[^f00006]: 1943 c.39. Section 5 was amended by section 23 of the Chronically Sick and Disabled Persons Act 1970 (c.44) and section 16(3) of the Social Security Act 1980 (c.30), and is further amended by Schedule 3 to this Order.

[^f00007]: 1919 c.53 Section 8(1) was amended by Part 3 of the Statute Laws (Repeals) Act 1986 (c.12), section 8(2) of the War Pensions Act 1920 (c.23), and paragraph 10 of Schedule 26 to the Civil Partnership Act 2004 (c.33).

[^f00008]: 1943 c.39. Section 2(2) was amended by section 23(1) and (2)(c) of the Chronically Sick and Disabled Persons Act 1970 (c.44). Sections 5A and 5B were inserted by sections 57(1) and 59 of the Child Support, Pensions and Social Security Act 2000 (c.19.). Section 6(2C) was inserted by section 43(1) of the Social Security and Housing Benefits Act 1982 (c.24) and subsections (2C) and (3) were amended by paragraphs 1 and 3(1), (3) and (4) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c.32). Sections 6A, 6B, 6C, 6D and 11A were inserted by section 5 of, and paragraphs 1 and 4 to 6 of Schedule 1 to, the 2004 Act. Section 6D(9) was inserted by paragraphs 24 and 25 of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Section 8 was amended by paragraphs 1 and 5 of Schedule 1 to the 2004 Act. In section 12 the definitions of “Chief Commissioner” and “Commissioner” were inserted by paragraphs 1 and 7(1) and (2)(b) of Schedule 1 to the 2004 Act. In the Schedule: paragraph 1 was substituted by section 15(1) of, and paragraphs 24 and 28(1) and (2) of Schedule 4 to, the Constitutional Reform Act 2005 (c.4); paragraph 2 was substituted by section 26 of, and paragraph 39 of Schedule 6 to, the Judicial Pensions and Retirement Act 1993 (c.8), sub-paragraph (2A) was inserted by section 60(2) of the 2000 Act and amended by paragraphs 24 and 28(1) and (3)(b) of Schedule 4 to the 2005 Act, sub-paragraph (3A) was inserted by paragraphs 24 and 28(1) and (3)(c) of Schedule 4 to the 2005 Act and sub-paragraph (4) was amended by paragraphs 24 and 28(1) and (3)(d) of Schedule 4 to the 2005 Act; paragraphs 2B, 3A, 3B and 3C were inserted by section 60(3) and (4) of the 2000 Act; paragraph 5(1A) was inserted by paragraphs 24 and 28(1) and (6)(c) of Schedule 4 of the 2005 Act; paragraph 6 was amended by paragraphs 1 and 10(1) and (3) of Schedule 1 to the 2004 Act; paragraph 6B was inserted by paragraphs 1 and 10(1) and (5) of Schedule 1 to the 2004 Act; and paragraph 7B was inserted by paragraphs 24 and 28(1) and (7) of Schedule 4 to the 2005 Act.

[^f00009]: S.I. 1998/1506 (N.I.10).

[^f00010]: 1992 c.8.

[^f00011]: 1960 c.65. Section 12(1)(b) was amended by paragraph 10 of Schedule 6 to the Mental Incapacity Act 2005 (c.9).

[^f00012]: 1967 c.13. Section 11B and paragraph 6C of Schedule 3 were inserted by section 10(1) and (2) of the Criminal Injuries Compensation Act 1995 (c.53). Schedule 4 was inserted by section 1(3) of the Parliamentary Commissioner Act 1994 (c.14) and substituted by article 3 of, and Schedule 2 to, the Parliamentary Commissioner Order 2007 (S.I. 2007/3470).

[^f00013]: 1970 c.42. The entry relating to the Mental Health Act 1983 was amended by paragraph 27 of Schedule 4 to the Mental Health Act 1983 (c.20) and section 55(2) of the Children Act 2004 (c.31).

[^f00014]: 1975 c.24. The entry for an Asylum Support Adjudicator was inserted by paragraph 71(b) of Schedule 14 to the Immigration and Asylum Act 1999 (c.33).

[^f00015]: 1975 c.25. The entry for an Asylum Support Adjudicator was inserted by paragraph 72(b) of Schedule 14 to the Immigration and Asylum Act 1999 (c.33).

[^f00016]: 1979 c.17. Sections 3A and 4 were substituted by sections 45 and 46 of the Social Security Act 1998 (c.14) respectively. Section 4(1A) was inserted by section 57 of the Welfare Reform Act 2007 (c.5) and sections 4(2) and (3) were amended by paragraph 1(1) to (3) of Schedule 7 to the 2007 Act. Section 7A was inserted by section 47 of the 1998 Act and subsection (1)(a) was amended by paragraph 1(1) and (4) of Schedule 7 to the 2007 Act. Section 9A is to be inserted from a date to be appointed by paragraph 1(1) and (8) of Schedule 7 to the 2007 Act.

[^f00017]: 1981 c.20. Section 13(1A) and (7) were inserted by paragraphs 109 and 113(1), (2) and (3) of Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c.4).

[^f00018]: 1982 c.34. Subsections (1A) to (1H) were inserted by section 76(2) of the Social Security Act 1986 (c.50). Subsection (2)(b) was amended by paragraph 11(1) of Schedule 7 to the Social Security Act 1998 (c.14). In subsection (5) the definition of “Commissioner” was amended by paragraph 11(2) of Schedule 7 to the 1998 Act.

[^f00019]: 1983 c.20. Section 21(3) was inserted by section 37 of the Mental Health Act 2007 (c.12). Section 65(1A) was substituted by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c.17) and by section 38 of the 2007 Act. Sections 68 and 68A were substituted by section 37 of the 2007 Act. Section 72(1)(c) was inserted by paragraph 21 of Schedule 3 to the 2007 Act. Section 72(3A) was inserted by paragraph 10 of Schedule 1 to the Mental Health (Patients in the Community) Act 1995 (c.52) and substituted by paragraph 21 of Schedule 3 to the 2007 Act. Section 73(1) was substituted by article 4 of the Mental Health Act 1983 (Remedial) Order 2001 (S.I. 2001/3712). Section 74(5A) was inserted by section 295 of the Criminal Justice Act 2003 (c.44). Section 79(7) was inserted by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c.17) and substituted by section 38 of the 2007 Act. Section 132A was inserted by paragraph 30 of Schedule 3 to the 2007 Act.

[^f00020]: 2007 c.12.

[^f00021]: 1984 c.47.

[^f00022]: 1986 c.33.

[^f00023]: 1989 c.41. Section 65(3)(b) was substituted and section 65A was inserted by paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14). Sections 79B, 79H and 79M were inserted by section 79(1) of that Act.

[^f00024]: 1991 c.48.

[^f00025]: Section 16 was substituted by section 40 of the Social Security Act 1998 (c.14). Subsection (1A) was inserted by section 8 of the Child Support, Pensions and Social Security Act 2000 (c.19).

[^f00026]: Section 17 was substituted by section 41 of the Social Security Act 1998 (c.14). Paragraphs (c) to (e) of subsection 17(1) were substituted for previous Paragraph (c) by section 9 of, and Part 1 of Schedule 9 to, the Child Support, Pensions and Social Security Act 2000 (c.19).

[^f00027]: Section 20 was substituted by section 42 of the Social Security Act 1998 (c.14).

[^f00028]: Subsection (7A) was inserted by paragraph 1(6) of Schedule 7 to the Child Maintenance and Other Payments Act 2008 (c.6).

[^f00029]: Section 22 was amended by paragraph 22(1) and (2) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15), paragraph 29 of Schedule 7 to the Social Security Act 1998 (c.14) and article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (3) were further transferred to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^f00030]: Section 23A was inserted by section 11 of the Child Support, Pensions and Social Security Act 2000 (c.19).

[^f00031]: Section 24 was amended by paragraph 30 of Schedule 7 to the Social Security Act 1998 (c.19) and the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (9) were transferred further to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^f00032]: Section 25 was amended by the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (3) were further transferred to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^f00033]: Section 28ZA was inserted by section 43 of the Social Security Act 1998 (c.14).

[^f00034]: 2000 c.19.

[^f00035]: Section 28ZB was inserted by section 43 of the Social Security Act 1998 (c.14).

[^f00036]: Section 28ZC was inserted by section 44 of the Social Security Act 1998 (c.14). Subsection (6) was amended by paragraph 11(1) and (13)(e) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000 (c.19).

[^f00037]: Section 28ZD was inserted by section 44 of the Social Security Act 1998 (c.14).

[^f00038]: Section 28D was inserted by section 4 of the Child Support Act 1995 (c.34). Subsections (1)(b) and (3) were amended by paragraph 36 of Schedule 7 to the Social Security Act 1998 (c.14).

[^f00039]: Subsections (1) and (6) of section 45 were amended by paragraph 42 of Schedule 7 to the Social Security Act 1998 (c.14) and subsection (6) was also amended by article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678).

[^f00040]: Section 46A was inserted by paragraph 44 of Schedule 7 to the Social Security Act 1998 (c.14).

[^f00041]: Section 46B was inserted by paragraph 44 of Schedule 7 to the Social Security Act 1998 (c.14).

[^f00042]: Section 50(1A) was inserted by paragraph 1(20) of Schedule 7 to the Child Maintenance and Other Payments Act 2008 c.6.

[^f00043]: In section 54 the definition of “appeal tribunal” was inserted by paragraph 47(a) of Schedule 7 to the Social Security Act 1998 (c.14).

[^f00044]: Paragraphs 1(3A) and (3B) and 8(ab) were inserted by paragraphs 218 and 221(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Paragraphs 2A and 8(bb) were inserted by paragraph 18(1) and (2) of Schedule 3 to the Child Support Act 1995 (c.34) and sub-paragraph (1) substituted by paragraph 51 of Schedule 7 to the Social Security Act 1998 (c.14). Paragraph 4(2)(a) was amended by paragraph 22(1) and (4) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15). The effect of the amendment to paragraph 8 made by paragraph 22(5) of that Schedule has been retained in the amendments made by paragraph 97(7)(c) of this Schedule. Paragraph 4A was inserted by section 17(1) of the Child Support Act 1995 (c.34). Paragraphs 5 and 6 were amended by paragraph 52 of Schedule 7 to the Social Security Act 1998 (c.14). Paragraph 7 was amended by paragraph 23(4) of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c.8). Paragraph 8(aa) was inserted by paragraph 47 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c.26) and sub-Paragraphs (ai) and (ia) of paragraph 8(d) were inserted by paragraph 22 of Schedule 3 of that Act.

[^f00045]: Schedule 4A was inserted by section 1 of, and Schedule 1 to, the Child Support Act 1995 (c.34) and was amended by paragraph 53 of Schedule 7 to the Social Security Act 1998 (c.14).

[^f00046]: Schedule 4C was repealed by the Part 1 of Schedule 9 to the Child Support, Pensions and Social Security Act 2000 (c.19) but remains in for force for certain cases until a day to be appointed.

[^f00047]: 1992 c.5. Section 2B was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c.30). Section 71(2) was inserted by section 1(2) of the Social Security (Overpayments) Act 1996 (c.51) and amended by paragraph 81(1) of Schedule 7 to the Social Security Act 1998 (c.14). In Part 1 of Schedule 4 the entry at (a) under “adjudicating bodies” was amended by paragraph 113(b) of Schedule 7 to the Social Security act 1998 (c.14).

[^f00048]: 1992 c.53. Section 11(1) was amended by paragraph 20 of Schedule 8 to the Special Educational Needs and Disability Act 2001 (c.10). In Schedule 1 the entry relating to an Asylum Support Adjudicator was inserted by paragraphs 94 and 95 of Schedule 14 to the Immigration and Asylum Act 1999 (c.33). The entry relating to adjudicators appointed under the Criminal Injuries Compensation Act 1995 was substituted by section 5(8) of the Criminal Injuries Compensation Act 1995 (c.53). The entry relating to the tribunal constituted under section 9 of the Protection of Children Act 1999 was inserted by paragraph 8 of the Schedule to the Protection of Children Act 1999 (c.14) and amended by paragraph 21 of Schedule 4 to the Care Standards Act 2000 (c.14). The entry relating to the Special Educational Needs and Disability Tribunal was inserted by paragraphs 19 and 22 of Schedule 8 to, the Special Educational Needs and Disability Act 2001 (c.10) and amended by paragraph 15(a) of Schedule 18 to the Education Act 2002 (c.32).

[^f00049]: 1993 c.8.

[^f00050]: In Schedule 1: the entry relating to the chairman of a Mental Health Review Tribunal for England was inserted by the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2003 (S.I. 2003/2589) and amended by article 2(1) of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2008 (S.I. 2008/171); the entry relating to an Asylum Support Adjudicator was inserted by articles 2 and 3 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2007 (S.I. 2007/675); and the entry relating to the President of the tribunal constituted under the Protection of Children Act 1999 and members of the chairmen’s panel appointed under paragraph 1(1)(b) of the Schedule to that Act was inserted by article 2 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2007 (S.I. 2007/2185).

[^f00051]: In Schedule 5: the entry relating to an Asylum Support Adjudicator was inserted by article 4 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2007 (S.I. 2007/675); and the entry relating to the President of the tribunal constituted under the Protection of Children Act 1999 and members of the chairmen’s panel appointed under paragraph 1(1)(b) of the Schedule to that Act was inserted by article 3 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2007 (S.I. 2007/2185).

[^f00052]: 1993 c.48. Section 170 was substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998 (c.14). Section 171A was inserted by section 18 of, and paragraph 20 of Schedule 7 to, the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2).

[^f00053]: 1995 c.50. Section 28H was inserted by section 17 of the Special Educational Needs and Disability Act 2001 (c.10); the heading and subsection (2) of that section were substituted by paragraph 8 of Schedule 18 to the Education Act 2002 (c.32). Section 28I was inserted by section 18 of the 2001 Act; subsection (5) was inserted by paragraph 9 of Schedule 18 to the 2002 Act. Section 28J was inserted by section 19 of the 2001 Act; subsection (2A) was inserted and subsections (3) and (5) to (8) were amended by paragraph 10 of Schedule 18 to the 2002 Act; and subsections (2A) and (6) were amended by paragraph 53 of Schedule 1 to the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388). Section 28M was inserted by section 22 of the 2001 Act and subsection (5) was amended by paragraph 11 of Schedule 18 to the 2002 Act. Section 28N was inserted by section 23 of the 2001 Act and subsection (5) was amended by paragraph 24 of Schedule 1 to the Disability Discrimination Act 2005 (c.13). Part 3 of Schedule 3 was inserted by paragraph 1 of Schedule 3 to the 2001 Act and amended by paragraph 12 of Schedule 18 to the 2002 Act.

[^f00054]: 1995 c.53. The definition of “adjudicator” in section 1(4) and section 5 were amended, and subsections (1A) and (1B) of section 5 were inserted, by paragraph 2 of Schedule 10 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999 (S.I. 1999/1747).

[^f00055]: 1996 c.56. Section 313(5) was inserted by paragraph 2 of Schedule 18 to the Education Act 2002 (c.32). Section 326A was inserted by section 5 of the Special Educational Needs and Disability Act 2001 (c.10) and subsection (6) of that section was substituted by paragraph 3 of Schedule 18 to the 2002 Act. In section 333, subsection (1Z) was inserted by paragraph 4 of Schedule 18 to the 2002 Act and subsection (1) was substituted by paragraph 3 of Schedule 8 to the 2001 Act. Section 336 was amended by paragraph 13 of Schedule 8 to the 2001 Act. Section 336ZA was inserted by paragraph 5 of Schedule 18 to the 2002 Act. Section 336A was inserted by section 4 of the 2001 Act and subsection (2) of that section was substituted by paragraph 6 of Schedule 18 to the 2002 Act.

[^f00056]: 1996 c.17. Section 16(5)(d) was substituted by paragraph 147(b) of Schedule 7 to the Social Security Act 1998 (c.14).

[^f00057]: 1997 c.27. Sections 12(1) and (4) and 13(1) and (3) were amended by paragraphs 151(1) and (3) and 152(1) and (3) respectively of Schedule 7 to the Social Security Act 1998 (c.14). In section 25 the definitions of “appeal tribunal” and “Commissioner” were inserted by paragraph 153 of Schedule 7 to the 1998 Act.

[^f00058]: 1998 c.14.

[^f00059]: Subsections (1) and (2) of section 5 were amended by paragraph 29(1) and (2) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15) and subsection (1) was also amended by article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678).

[^f00060]: Subsection (2) of section 12 was inserted by paragraph 25(3) of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2).

[^f00061]: Subsection (4) of section 13 was inserted by paragraph 26 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2).

[^f00062]: Section 14 was amended by paragraph 27(a) of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2).

[^f00063]: Section 24A was inserted by paragraph 33 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2).

[^f00064]: Section 28(1A) was inserted by paragraph 34 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2).

[^f00065]: Subsection of section 80 was inserted by paragraph 29(5) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00066]: In Schedule 1: Paragraph 1 was amended by article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678) and paragraphs 271 and 273 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); paragraph 8 was amended by paragraph 4 of Schedule 5 to the National Assembly of Wales (Transfer of Functions) Order 2000 (S.I. 2000/253); and ministerial functions in respect of Scotland were further transferred by article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^f00067]: In Schedule 4: paragraph 1 was amended by paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005 (c.4) and paragraph 29(1), (6) and (7) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15); paragraph 3 was amended by section 7(2) of the Armed Forces (Pensions and Compensation) Act 2004 (c.32) and paragraph 22(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (c.19); sub-paragraphs (1A) and (1B) of paragraph 5 were inserted by paragraphs 271 and 274 of Schedule 4 to the 2005 Act; paragraph 8 was amended by article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678); and ministerial functions in respect of Scotland were further transferred by article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^f00068]: 1999 c.14. Section 9(2) was amended by paragraph 26 of Schedule 4 to, the Care Standards Act 2000 (c.14), paragraph 157 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c.43), paragraph 6 of Schedule 14, paragraph 122 of Schedule 21 and Part 3 of Schedule 23 to the Education Act 2002 (c.32), paragraph 23 of Schedule 9 and Part 1 of Schedule 19 to the Education Act 2005 (c.18), paragraph 38 of Schedule 2 and Part 2 of Schedule 3 to the Childcare Act 2006 (c.21), and section 170(3) of the Education and Inspections Act 2006 (c.40). Subsections (3A) to (3C) of section 9 were inserted by paragraph 26 of Schedule 4 to the Care Standards Act 2000. The Schedule was amended by paragraph 31 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00069]: 2006 c.47.

[^f00070]: 1999 c.22.

[^f00071]: 1999 c.33. Subsection (2A) was inserted into section 103 (as it had effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002) by section 10 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19). Section 103A is substituted, from a date to be appointed, by section 53 of the 2002 Act.

[^f00072]: 2002 c.41.

[^f00073]: 2000 c.14.

[^f00074]: 2000 c.36. The entry relating to the Criminal Injuries Compensation Appeals Panel was inserted by article 2 of, and Schedule to, the Freedom of Information (Additional Public Authorities) Order 2002 (S.I. 2002/2623).

[^f00075]: 2000 c.43.

[^f00076]: 2000 c.19.

[^f00077]: 2002 c.21.

[^f00078]: 2002 c.32. Section 167B is inserted, from a date to be appointed, by section 169 of the Education and Inspections Act 2006 (c.40).

[^f00079]: 2002 c.41.

[^f00080]: 2003 c.43.

[^f00081]: 2004 c.6.

[^f00082]: 2004 c.19.

[^f00083]: 2004 c.28. Section 37A was inserted by paragraph 5 of Schedule 6 to the Mental Health Act 2007 (c.12). Section 38A was inserted by paragraph 7 of Schedule 6 to the 2007 Act. Section 43A was inserted by paragraph 13 of Schedule 6 to the 2007 Act. Section 44A was inserted by paragraph 15 of Schedule 6 to the 2007 Act.

[^f00084]: 2005 c.4. Sections 3(7B) and 94B were inserted by sections 1 and 53(1) and (2) of the Tribunals, Courts and Enforcement Act 2007 (c.15) respectively.

[^f00085]: 2006 c.21.

[^f00086]: 2006 c.47.

[^f00087]: 2007 c.12.

[^f00088]: 2008 c.6.

[^f00089]: 1992 c.6.

[^f00090]: 1993 c.8.

[^f00091]: 1995 c.34.

[^f00092]: 1998 c.14.

[^f00093]: 1999 c.14.

[^f00094]: 1999 c.33.

[^f00095]: 2000 c.14.

[^f00096]: 2000 c.19.

[^f00097]: 2001 c.10.

[^f00098]: 2002 c.26.

[^f00099]: 2002 c.32.

[^f00100]: 2004 c.32.

[^f00101]: 2005 c.4.

[^f00102]: 2007 c.5.

[^f00103]: 2007 c.12.

[^f00104]: 2007 c.15.

[^f00105]: 2008 c.6.

[^f00106]: S.I. 1999/678

[^f00107]: S.I. 1999/1747.

[^f00108]: S.I 1999/1750

[^f00109]: S.I. 2003/2589.

[^f00110]: S.I. 2007/1388.

[^f00111]: S.I. 2007/2185.

[^f00112]: 1983 c. 20.

[^f00113]: 1992 c. 53; the relevant amendment is made by paragraphs 19 and 20(b) of Schedule 8 to the Special Educational Needs and Disability Act 2001 (c. 10).

[^f00114]: 1999 c. 14.

Editorial notes

[^key-1941a3e973dc530e2fcda0dfea6803c7]: Art. 1 in force at 3.11.2008, see art. 1(1)

[^key-5467cf3836ea4a09261a4d0d3ec780dd]: Art. 2 in force at 3.11.2008, see art. 1(1)

[^key-00d9e92ee584ba65f24fa9dc5f34a900]: Art. 3 in force at 3.11.2008, see art. 1(1)

[^key-81593892dd202ba6c0eaf7c74b5bda2f]: Art. 4 in force at 3.11.2008, see art. 1(1)

[^key-6105b8eb1b04246361a3ca6d051a43d7]: Art. 5 in force at 3.11.2008, see art. 1(1)

[^key-fd9f0e89fa022d9628b5875dcab40c4e]: Art. 6 in force at 3.11.2008, see art. 1(1)

[^key-4958611953daf5b80ec27d2f2645a753]: Art. 7 in force at 3.11.2008, see art. 1(1)

[^key-1f9c62cdfad4f31d6c237713669045a4]: Art. 8 in force at 3.11.2008, see art. 1(1)

[^key-127d57319e1867fa5339b566eb24cc03]: Art. 9 in force at 3.11.2008, see art. 1(1)

[^key-d20e45cf6b57c990b9586472992c49cf]: Sch. 3 para. 1 in force at 3.11.2008, see art. 1(1)

[^key-b3bf99948087e4cb2209810540b02a98]: Sch. 3 para. 2 in force at 3.11.2008, see art. 1(1)

[^key-cdfe1b27483c963fba883e39b1846dc3]: Sch. 3 para. 3 in force at 3.11.2008, see art. 1(1)

[^key-cf5703f553b87d3c8c54b31b2d97ec76]: Sch. 3 para. 4 in force at 3.11.2008, see art. 1(1)

[^key-a0d239e1cca3283f8ae59750e05106fc]: Sch. 3 para. 5 in force at 3.11.2008, see art. 1(1)

[^key-0b8c3015c1e23094d6a2bac212f9e44b]: Sch. 3 para. 6 in force at 3.11.2008, see art. 1(1)

[^key-cb01700ed6ea32a52b02dfa015eae451]: Sch. 3 para. 7 in force at 3.11.2008, see art. 1(1)

[^key-8e4fdbfd147d0fc2d891058df6ffd9a3]: Sch. 3 para. 8 in force at 3.11.2008, see art. 1(1)

[^key-b8d126f8266d281c220c8275cef3704c]: Sch. 3 para. 9 in force at 3.11.2008, see art. 1(1)

[^key-59d05cfbd085e9ed1ccb6bfeae25a78f]: Sch. 3 para. 10 in force at 3.11.2008, see art. 1(1)

[^key-e70681f2cb45d1d681920e9886a209cc]: Sch. 3 para. 11 in force at 3.11.2008, see art. 1(1)

[^key-b4718e22b78aa5125c2dde47615b3d20]: Sch. 3 para. 12 in force at 3.11.2008, see art. 1(1)

[^key-5010ab04d445cab62f9bf813a5746969]: Sch. 3 para. 13 in force at 3.11.2008, see art. 1(1)

[^key-145ec529ac6b26496c50455c224aa956]: Sch. 3 para. 14 in force at 3.11.2008, see art. 1(1)

[^key-07324295d7430db18f90a9ae609085f8]: Sch. 3 para. 15 in force at 3.11.2008, see art. 1(1)

[^key-0763d0d6fe22f1e8bce465f81ce3fa24]: Sch. 3 para. 16 in force at 3.11.2008, see art. 1(1)

[^key-088231775f4304f3aefc88015431b3a0]: Sch. 3 para. 17 in force at 3.11.2008, see art. 1(1)

[^key-5d71a095b18cce715d1b09b3889b2c9a]: Sch. 3 para. 18 in force at 3.11.2008, see art. 1(1)

[^key-665d88ebf28d91817873644e336c19d3]: Sch. 3 para. 19 in force at 3.11.2008, see art. 1(1)

[^key-97b93f187994784885f40de6d27475e2]: Sch. 3 para. 20 in force at 3.11.2008, see art. 1(1)

[^key-682fe5ca6485804a888737f7a38b60be]: Sch. 3 para. 21 in force at 3.11.2008, see art. 1(1)

[^key-e15f5c6210ff06a207b3069dfef7cc04]: Sch. 3 para. 22 in force at 3.11.2008, see art. 1(1)

[^key-8359613b0ca4b7015cd745d02b5ca4d7]: Sch. 3 para. 23 in force at 3.11.2008, see art. 1(1)

[^key-a8385325560ffb8d28f550a547dbdf60]: Sch. 3 para. 24 in force at 3.11.2008, see art. 1(1)

[^key-2a1ab23e79f3117f73e17d9f3c4e613b]: Sch. 3 para. 25 in force at 3.11.2008, see art. 1(1)

[^key-dc9214d9f40746424c9ddd4c68355142]: Sch. 3 para. 26 in force at 3.11.2008, see art. 1(1)

[^key-b43856f4c00303959748424240b8755b]: Sch. 3 para. 27 in force at 3.11.2008, see art. 1(1)

[^key-6c63263f183417d86355bc5d34f81231]: Sch. 3 para. 28 in force at 3.11.2008, see art. 1(1)

[^key-f54530ad5a53f88a447e5495400e7edb]: Sch. 3 para. 29 in force at 3.11.2008, see art. 1(1)

[^key-8f3ce7d4bdb6a186afa7c4ff3d61166d]: Sch. 3 para. 30 in force at 3.11.2008, see art. 1(1)

[^key-e933273279e1f1693215aa302602e909]: Sch. 3 para. 31 in force at 3.11.2008, see art. 1(1)

[^key-d879decfb2408014791a287483ae32a0]: Sch. 3 para. 32 in force at 3.11.2008, see art. 1(1)

[^key-d5793e6ac33a633596f5c359ba3a916d]: Sch. 3 para. 33 in force at 3.11.2008, see art. 1(1)

[^key-62cd32b3301b2d5a73b9d74193e1dedc]: Sch. 3 para. 34 in force at 3.11.2008, see art. 1(1)

[^key-cc58427497a25895f6397e575bb8b1ee]: Sch. 3 para. 35 in force at 3.11.2008, see art. 1(1)

[^key-dd6ebabae74feac53bcf1d337898ebb4]: Sch. 3 para. 36 in force at 3.11.2008, see art. 1(1)

[^key-f29518a0ea5d03ab784c8ef69d2c1fe6]: Sch. 3 para. 37 in force at 3.11.2008, see art. 1(1)

[^key-d54bc78006ddfa359f153bc9373e8e15]: Sch. 3 para. 38 in force at 3.11.2008, see art. 1(1)

[^key-25592ebb2879316308d05b9229775856]: Sch. 3 para. 39 in force at 3.11.2008, see art. 1(1)

[^key-1d517fbdab30b2b9f511b368e7a1e0a7]: Sch. 3 para. 40 in force at 3.11.2008, see art. 1(1)

[^key-1e0519ffd3257e883e61d08403b774cf]: Sch. 3 para. 41 in force at 3.11.2008, see art. 1(1)