The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

Made: 21st May 2009

Coming into force: 1st June 2009

A draft of this Order was laid before Parliament and approved by resolution of each House of Parliament in accordance with sections 49(5) and 51(14) of that Act.

Citation and commencement

1

This Order may be cited as the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 and comes into force on 1st June 2009.

Transfer of functions and abolition of the Lands Tribunal

2

• (1) The functions of the Lands Tribunal are transferred to the Upper Tribunal.

• (2) The Lands Tribunal is abolished.

Transfer of persons into the Upper Tribunal

3

A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

(1) Office held	(2) Office to be held
President of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949 (c.42)	Transferred-in judge of the Upper Tribunal
Other member of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949	Transferred-in other member of the Upper Tribunal

Transfer of Rules

4

The Lands Tribunal Rules 1996[^f00002] have effect as if they were Tribunal Procedure Rules.

Consequential and transitional provisions

5

• (1) Schedules 1 to 3 contain amendments to legislation as a consequence of the transfers effected by this Order, by the Transfer of Tribunal Functions Order 2008[^f00003] and by the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009[^f00004].

• (2) Schedule 1 contains amendments to primary legislation.

• (3) Schedule 2 contains amendments to secondary legislation.

• (4) Schedule 3 contains amendments to Church of England measures.

• (5) Schedule 4 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

• (6) Schedule 5 contains transitional and saving provisions.

Amendment of local and private Acts, and of Transport and Works Act Orders

6

• (1) Any reference to the Lands Tribunal in a local or private Act is to be read as a reference to the Upper Tribunal.

• (2) Any reference to the Lands Tribunal in an order made under section 1 or 3 of the Transport and Works Act 1992[^f00005] is to be read as a reference to the Upper Tribunal.

• (3) In paragraphs (1) and (2), a reference to the Lands Tribunal does not include a reference to the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland.

SCHEDULE 1 — Consequential amendments to primary legislation

Railways Clauses Consolidation Act 1845

1

The Railways Clauses Consolidation Act 1845[^f00006] is amended as follows.

2

In section 6 (the construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act) for “Lands Tribunal” substitute “Upper Tribunal”.

3

In section 78 (mines lying near the railway not to be worked if the company are willing to make compensation for them) for “Lands Tribunal” substitute “Upper Tribunal”.

Improvement of Land Act 1864

4

In section 73 of the Improvement of Land Act 1864[^f00007] (power to enter on neighbouring lands for repair of works, making compensation) for “the Lands Tribunal or the Lands Tribunal for Scotland” substitute “the Upper Tribunal”.

Law of Property Act 1925

5

In section 84 of the Law of Property Act 1925[^f00008] (power to discharge or modify restrictive covenants affecting land)—

• (a) in subsections (1), (1A), (1B), (1C), (3), (6) and (9) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”; and

• (b) in subsection (3A)—

• (i) for “Lands Tribunal”, in each place except in the reference to the Lands Tribunal Act 1949, substitute “Upper Tribunal”;

• (ii) for “rules under the Lands Tribunal Act 1949” substitute “Tribunal Procedure Rules”; and

• (iii) omit “or by means of a case stated by the Lands Tribunal,”.

Requisitioned Land and War Works Act 1945

6

The Requisitioned Land and War Works Act 1945[^f00009] is amended as follows.

7

In section 47 (compensation under section 2 of Compensation (Defence) Act 1939 for removal of fixed machinery or plant) for “General Claims Tribunal” substitute “appropriate tribunal”.

8

In section 48(1) (successive works to be dealt with as one) for “General Claims Tribunal” substitute “appropriate tribunal”.

9

In section 59(1) (interpretation etc.) insert in the appropriate place—

• “the appropriate tribunal” means—in the application of this Act to England and Wales, the Upper Tribunal;in the application of this Act to Scotland, the Lands Tribunal for Scotland;in the application of this Act to Northern Ireland, the Lands Tribunal for Northern Ireland;

Lands Tribunal Act 1949

10

The Lands Tribunal Act 1949[^f00010] is amended as follows.

11

In section 1 (establishment and jurisdiction of Lands Tribunal)—

• (a) for the heading substitute “Establishment of the Lands Tribunal for Scotland and jurisdiction”;

• (b) in subsection (1) for the words from “the following tribunals, namely” to the end substitute “a tribunal for Scotland, to be called “the Lands Tribunal for Scotland”.”;

• (c) omit subsection (2);

• (d) in subsection (3)—

• (i) for “Lands Tribunal” substitute “Upper Tribunal or the Lands Tribunal for Scotland”; and

• (ii) in paragraph (c) after “Lands Clauses Consolidation Act 1845” insert “or section 109 of the Lands Clauses Consolidation (Scotland) Act 1845”;

• (e) in subsections (4) and (5) for “Lands Tribunal”, in each place, substitute “Upper Tribunal or the Lands Tribunal for Scotland”;

• (f) in subsection (6) for “as hereinafter mentioned from the members of the Lands Tribunal” substitute “by the Senior President of Tribunals from members of the Upper Tribunal who are members or fellows of the Royal Institution of Chartered Surveyors”;

• (g) after subsection (6) insert—

(6A) Where any person is or may be liable for any compensation falling to be determined under section 57 or 97 of the Lands Clauses Consolidation (Scotland) Act 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections shall be selected from members of the Lands Tribunal for Scotland in accordance with the following provisions of this Act.

; and

• (h) omit subsection (8).

12

In section 2 (members, officers and expenses of Lands Tribunal)—

• (a) in the heading after “Lands Tribunal” insert “for Scotland”;

• (b) in subsection (1)—

• (i) after “Lands Tribunal” insert “for Scotland”; and

• (ii) for “Lord Chancellor” in each place substitute “Scottish Ministers”;

• (c) for subsection (2) substitute—

(2) The President shall be a person appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor. (2A) Of the other members of the Lands Tribunal for Scotland— (a) such number as the Lord President of the Court of Session may determine shall be persons appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor; and (b) the others shall be persons who have had experience in the valuation of land, appointed after consultation with the chairman of the Scottish Branch of the Royal Institution of Chartered Surveyors.

• (d) in subsection (3)—

• (i) for “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor,” substitute “Scottish Ministers may”; and

• (ii) after “Lands Tribunal” insert “for Scotland”;

• (e) in subsection (4)—

• (i) after “Lands Tribunal” insert “for Scotland”;

• (ii) for “Lord Chancellor and the Lord Chief Justice of England and Wales”, in each place, substitute “Scottish Ministers”; and

• (iii) for “he thinks” substitute “they think”;

• (f) in subsection (5)—

• (i) after “Lands Tribunal” in each place insert “for Scotland”; and

• (ii) for “Lord Chancellor” substitute “Scottish Ministers”;

• (g) in subsection (6)—

• (i) after “Lands Tribunal” insert “for Scotland”; and

• (ii) for “Lord Chancellor” substitute “Secretary of State”;

• (h) in subsection (7)—

• (i) for “Lord Chancellor” substitute “Scottish Ministers”;

• (ii) after “Lands Tribunal” insert “for Scotland; and

• (iii) for “as he may” substitute “as they may”; and

• (i) omit subsections (8), (9) and (11).

13

In section 3 (procedure, appeals, costs and fees)—

• (a) in the heading after “fees” insert “in the Lands Tribunal for Scotland”;

• (b) in subsections (1), (2), (5), (6) and (10) after “Lands Tribunal”, in each place, insert “for Scotland”;

• (c) omit subsections (4), (8), (11) and (12)(a) and (b);

• (d) for subsection (6)(c) substitute—

(c) make provision— (i) requiring persons to attend to give evidence and produce documents; (ii) authorising the administration of oaths to witnesses; (iii) granting to any person such recovery of documents as might be granted by the Court of Sessions.

; and

• (e) in subsection (6C) for “determine” substitute “determines”.

14

In section 4 (power to add to jurisdiction of Lands Tribunal)—

• (a) in the title, for “Lands Tribunal” substitute “Upper Tribunal or Lands Tribunal for Scotland”;

• (b) in subsection (1)—

• (i) in the opening words, for “Lands Tribunal” substitute “Upper Tribunal or the Lands Tribunal for Scotland (“the transferee Tribunal”)”; and

• (ii) in paragraphs (a) and (b) for “Lands Tribunal” substitute “transferee Tribunal”;

• (c) after subsection (2) insert—

(2A) An Order in Council under this section may authorise the transfer to the Upper Tribunal of the jurisdiction of any statutory tribunal exercisable in Northern Ireland unless it appears to Her Majesty that the jurisdiction relates exclusively to matters with respect to which the Northern Ireland Assembly has power to make laws.

• (d) in subsection (4)—

• (i) in paragraphs (a) and (c) for “Lands Tribunal” substitute “transferee Tribunal”; and

• (ii) in paragraph (b) before “making special provision” insert “in relation to the Lands Tribunal for Scotland,”;

• (e) after subsection (4) insert—

(4A) The supplementary and consequential provisions authorised by subsection (3) to be contained in an Order in Council under this section by virtue of subsection (2A) shall include provisions for the application and adaptation of Northern Ireland legislation.

; and

• (f) in subsection (5) after “Lands Tribunal” insert “for Scotland”.

15

In section 6(1) (compensation for loss of office) for “Lands Tribunal” substitute “Upper Tribunal or the Lands Tribunal for Scotland”.

16

In section 7(1) and (2) (savings, etc.) for “Lands Tribunal”, in each place, substitute “Upper Tribunal or the Lands Tribunal for Scotland”.

17

For section 9(1) to (3) (application to Northern Ireland) substitute—

Except as mentioned in section 4, this Act does not affect the law of Northern Ireland.

Coast Protection Act 1949

18

In section 24 of the Coast Protection Act 1949[^f00011] (provisions as to arbitrations)—

• (a) in subsection (1) for “Lands Tribunal” substitute “appropriate tribunal”; and

• (b) for subsection (4) substitute—

(4) In subsection (1) “the appropriate tribunal” means— (a) in the application of this Act to England and Wales, the Upper Tribunal; (b) in the application of this Act to Scotland, the Lands Tribunal for Scotland.

National Parks and Access to the Countryside Act 1949

19

In section 107 of the National Parks and Access to the Countryside Act 1949[^f00012] (supplementary provisions as to compensation under sections 20, 46, and 70)—

• (a) in subsections (2) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in subsection (6)(a) for “Lands Tribunal”, in the first place where it occurs, substitute “Upper Tribunal”.

Landlord and Tenant Act 1954

20

In section 37(5) and (5D)(c) of the Landlord and Tenant Act 1954[^f00013] (compensation where order for new tenancy precluded on certain grounds) for “Lands Tribunal” substitute “Upper Tribunal”.

Underground Works (London) Act 1956

21

The Underground Works (London) Act 1956[^f00014] is amended as follows.

22

In section 3(1)(b) (roads and streets) for “Lands Tribunal” substitute “Upper Tribunal”.

23

In section 4(4) (drains and water-pipes) for “Lands Tribunal” substitute “Upper Tribunal”.

Land Powers (Defence) Act 1958

24

The Land Powers (Defence) Act 1958[^f00015] is amended as follows.

25

In section 10(5) (prevention of obstruction of airfields) for “Lands Tribunal” substitute “appropriate tribunal”.

26

In section 18(5) (compensation in respect of wayleave orders and restrictions under section 16) for “Lands Tribunal” substitute “appropriate tribunal”.

27

Omit section 22 (abolition and transfer of jurisdiction of General Claims Tribunal).

28

In section 25 (interpretation – general and in relation to Scotland and Northern Ireland)—

• (a) in subsection (1) insert in the appropriate place—

• “the appropriate tribunal” means—in the application of this Act to England and Wales, the Upper Tribunal;in the application of this Act to Scotland, the Lands Tribunal for Scotland;in the application of this Act to Northern Ireland, the Lands Tribunal for Northern Ireland;

• (b) omit subsection (2)(c); and

• (c) omit subsection (3)(a).

29

In paragraph 3 of Schedule 4 (supplementary provisions as to exercise of certain powers) for “Lands Tribunal” substitute “appropriate tribunal”.

Public Records Act 1958

30

In paragraph 4(1) of Schedule 1 to the Public Records Act 1958[^f00016] (definition of public records)—

• (a) after paragraph (j) insert—

(ja) records of the Upper Tribunal;

; and

• (b) in paragraph (k) omit “the Lands Tribunal or of”.

Opencast Coal Act 1958

31

The Opencast Coal Act 1958[^f00017] is amended as follows.

32

In section 40(3) (claims for compensation payable by the Board) for “the Lands Tribunal” substitute “, in the application of this Act to England and Wales, the Upper Tribunal or, in the application of this Act to Scotland, the Lands Tribunal for Scotland”.

33

Omit section 52(4) (general application to Scotland).

34

In paragraph 1 of Schedule 3 (provisions as to compensation by way of payment of cost of works), in the definition of “the Tribunal” for “Lands Tribunal” substitute “Upper Tribunal or, in the application of this Act to Scotland, the Lands Tribunal for Scotland”.

Rights of Light Act 1959

35

In section 2 of the Rights of Light Act 1959[^f00018] (registration of notice in lieu of obstruction of access of light)—

• (a) in subsection (3) for “Lands Tribunal” in each place substitute “Upper Tribunal”; and

• (b) in subsection (5) for “shall be made by rules under section three of the Lands Tribunal Act 1949 for regulating proceedings before the Lands Tribunal” substitute “may be made by Tribunal Procedure Rules”.

Land Compensation Act 1961

36

The Land Compensation Act 1961[^f00019] is amended as follows.

37

In section 1 (tribunal for assessing compensation in respect of land compulsorily acquired)—

• (a) in the heading, for “Tribunal for assessing” substitute “Upper Tribunal to assess”; and

• (b) for “Lands Tribunal” substitute “Upper Tribunal”.

38

Omit sections 2 (procedure on references under section 1) and 3 (consolidation of proceedings on claims).

39

In section 4 (costs)—

• (a) before subsection (1) insert—

(A1) In any proceedings on a question referred to the Upper Tribunal under section 1 of this Act— (a) the following subsections apply in addition to section 29 of the Tribunals, Courts and Enforcement Act 2007[^f00020] (costs or expenses) and provisions in Tribunal Procedure Rules relating to costs; and (b) to the extent that the following subsections conflict with that section or those provisions, that section or those provisions do not apply.

• (b) in subsections (1), (3), (4), and (5) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”; and

• (c) omit subsection (6).

40

In section 5 (rules for assessing compensation), in rule (5) for “Lands Tribunal” substitute “Upper Tribunal”.

41

In section 5A(7) (relevant valuation date) for “Lands Tribunal” substitute “Upper Tribunal”.

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

In section 31(2), (3), (4) and (6) (withdrawal of notices to treat) for “Lands Tribunal” substitute “Upper Tribunal”.

44

In section 35 (certificates of value) for “Lands Tribunal” substitute “Upper Tribunal”.

Public Health Act 1961

45

In section 45(6) of the Public Health Act 1961[^f00021] (attachment of street lamps to buildings) for “Lands Tribunal” substitute “Upper Tribunal”.

London County Council (General Powers) Act 1962

46

In section 24(2)(b) of the London County Council (General Powers) Act 1962[^f00022] (as to payments by borough councils, etc.) for “Lands Tribunal” substitute “Upper Tribunal”.

Pipe-lines Act 1962

47