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

In paragraph 29(a)(i) of Schedule 1 to the Civil Aviation Act 1982 (Jersey) Order 1990[^f00126] (extension of provisions of the Civil Aviation Act 1982 to the Bailiwick of Jersey)—

• (a) after ““accounting year”,” insert ““the appropriate tribunal”,”; and

• (b) omit ““the Lands Tribunal”,”.

Ancient Monuments (Claims for Compensation) (England) Regulations 1991

39

In the Schedule to the Ancient Monuments (Claims for Compensation) (England) Regulations 1991[^f00127]—

• (a) in Part 1 (claim for compensation under sections 7, 9 or 46 of the Ancient Monuments and Archaeological Areas Act 1979) in footnote 7 for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in Part 2 (claim for compensation from the Historic Buildings and Monuments Commission for England for Damage Caused to Land or Chattels) in footnote 2 for “Lands Tribunal” substitute “Upper Tribunal”.

Civil Aviation Act 1982 (Guernsey) Order 1992

40

In paragraph 29(a)(i) of Schedule 1 to the Civil Aviation Act 1982 (Guernsey) Order 1992[^f00128] (extension of provisions of the Civil Aviation Act 1982 to the Bailiwick of Guernsey)—

• (a) after ““accounting year”,” insert ““the appropriate tribunal”,”; and

• (b) omit ““the Lands Tribunal”,”.

Town and Country Planning General Regulations 1992

41

In Schedule 2 to the Town and Country Planning General Regulations 1992[^f00129] in the form entitled “Town and Country Planning Act 1990: Counter-Notice objecting to Blight Notice”—

• (a) for “to the Lands Tribunal” substitute “to the Upper Tribunal”; and

• (b) for “the Registrar, The Lands Tribunal, 48/49 Chancery Lane, London WC2A 1JR” substitute “the Upper Tribunal”.

Non-Domestic Rating Contributions (England) Regulations 1992

42

In paragraph 4(6)(a) and (b) of Schedule 1 to the Non-Domestic Rating Contributions (England) Regulations 1992[^f00130] (rules for the calculation of non-domestic rating contributions) for “Lands Tribunal” substitute “Upper Tribunal”.

Council Tax (Alteration of Lists and Appeals) Regulations 1993

43

In regulation 30(1)(c) of the Council Tax (Alteration of Lists and Appeals) Regulations 1993[^f00131] (review of decisions) for “Lands Tribunal” substitute “Upper Tribunal”.

Channel Tunnel (Security) Order 1994

44

In Schedule 2 to the Channel Tunnel (Security) Order 1994[^f00132] (provisions relating to compensation)—

• (a) in paragraph 7 for “Lands Tribunal” substitute “appropriate tribunal”;

• (b) after paragraph 7 insert—

(7A) In paragraph 7 “appropriate tribunal” means— (a) in the application of this Schedule to England and Wales, the Upper Tribunal; (b) in the application of this Schedule to Scotland, the Lands Tribunal for Scotland; (c) in the application of this Schedule to Northern Ireland, the Lands Tribunal for Northern Ireland.

; and

• (c) omit paragraphs 8(b) and 9(b) and the “and” immediately preceding each of them.

Conservation (Natural Habitats &c.) Regulations 1994

45

The Conservation (Natural Habitats &c.) Regulations 1994[^f00133] are amended as follows.

46

In regulation 16(4) (management agreements) for “Lands Tribunal” substitute “Upper Tribunal”.

47

In regulation 59(3) (planning permission: supplementary provisions as to compensation) for “Lands Tribunal” substitute “Upper Tribunal”.

48

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

49

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

50

In regulation 82(4) (orders under the Transport and Works Act 1992: compensation for revocation or variation) for “Lands Tribunal” substitute “Upper Tribunal”.

51

In regulation 92 (compensation: other supplementary provisions)—

• (a) in paragraph (3) for “by the Lands Tribunal” substitute “by the Upper Tribunal”; and

• (b) in paragraph (4) for “sections 2 and” substitute “section”.

52

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

Town and Country Planning (Minerals) Regulations 1995

53

In the Schedule to the Town and Country Planning (Minerals) Regulations 1995[^f00134], in the entry for paragraph 2 in column (2), for “Lands Tribunal” substitute “Upper Tribunal”.

Goods Vehicles (Licensing of Operators) Regulations 1995

54

In Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations 1995[^f00135] (inquiries) omit paragraph 2(5).

Lands Tribunal Rules 1996

55

The Lands Tribunal Rules 1996[^f00136] are amended as follows.

56

For rule 1 (citation and commencement) substitute—

(1) (1) These Rules may be cited as the Lands Tribunal Rules 1996 and shall come into force on 1st May 1996. (2) These Rules apply to proceedings which have been assigned to the Lands Chamber of the Upper Tribunal by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008[^f00137].

57

• (1) Rule 2 (interpretation) is amended as follows.

• (2) In paragraph (1)—

• (a) in the definition of “appeal”—

• (i) after ““appeal”” insert “, except in Part 9,”; and

• (ii) omit “Lands”;

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

• “compulsory purchase compensation reference” means a reference of a question to the Tribunal—under section 1 of the 1961 Act;under section 11(4) of the Compulsory Purchase (Vesting Declarations) Act 1981[^f00138]; orto which the provisions of section 4 of the 1961 Act apply, with the exception of references—under section 16(7) of the City of London (Various Powers) Act 1967[^f00139];under section 307(1) of the Highways Act 1980[^f00140]; andunder regulation 96(2) of the Conservation (Natural Habitats, &c) Regulations 1994[^f00141].

• (c) omit the definitions of—

• (i) “the office”; and

• (ii) “the President”;

• (d) in the definition of “proceedings” omit “Lands”;

• (e) in the definition of “the registrar” for “an officer of the Lands Tribunal authorised by the Lord Chancellor, after consulting the Lord Chief Justice,” substitute “a member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007[^f00142] (tribunal staff and services) and authorised by the Senior President of Tribunals”; and

• (f) for the definition of “the Tribunal” substitute—

• “the Tribunal” means the Upper Tribunal;

• (3) Omit paragraph (1A).

58

After rule 2 insert—

(2A) (1) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal. (2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances. (3) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.

59

Omit rule 3 (selection and powers of members of the tribunal).

60

In rule 5 (hearings to be held in public: exceptions)—

• (a) for the heading substitute “Public and private hearings”;

• (b) in paragraph (1) for “All” substitute “Subject to paragraph (1A), all”;

• (c) after paragraph (1) insert—

(1A) Any hearing in proceedings on a compulsory purchase compensation reference shall be in public.

• (d) for paragraph (2) substitute—

(2) A judge or other member of the Tribunal shall be entitled to attend a hearing whether or not it is in private, notwithstanding that they do not constitute the Tribunal for the purpose of the hearing.

61

In rule 5A (application of Part 2A) omit “Lands”.

62

In rule 5B(A) and (1) (interpretation) for “first-tier tribunal” substitute “first instance tribunal”.

63

In rule 5C (application for permission to appeal)—

• (a) in paragraphs (1), (2), (4)(c) and (5) omit “Lands”; and

• (b) in paragraphs (1), (2) and (4)(b) for “first-tier” substitute “first instance”.

64

In rule 6 (notice of appeal)—

• (a) in paragraph (1) omit “Lands”;

• (b) after paragraph (1) insert—

(1ZA) In an appeal under regulation 37(1) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005[^f00143] or regulation 37(1) of the Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2005[^f00144], for the purposes of paragraph (1) of this rule the date on which the disputed decision was sent includes— (i) if an application for the disputed decision to be reviewed was made within the time specified in regulation 35(3) of either Regulations, the date on which notice of a decision not to undertake a review was served; or (ii) the date on which notice was served of a decision not to set aside the disputed decision on a review under regulation 35(1) of either Regulations.

• (c) in paragraph (1B)(b) for “first-tier” substitute “first instance”; and

• (d) in paragraph (5) omit “Lands”.

65

In rule 9 (application of Part 4) omit “Lands”.

66

In rule 10 (notice of reference)—

• (a) in paragraph (4)(b) omit “Lands”; and

• (b) after paragraph (5) add—

(6) In a reference under section 153(1) of the Town and Country Planning Act 1990[^f00145], the notice of reference must be given to the Tribunal within two months of the date of service of the counter-notice. (7) In a reference under regulation 7(1) or 12(3) of the Town and Country Planning (Compensation and Certificates) Regulations 1974[^f00146], the notice of reference must be given to the Tribunal within 30 days of the issue of notice of the decision or findings to which the dispute relates. (8) In a reference under regulation 15(1) of the Town and Country Planning (Compensation and Certificates) Regulations 1974— (a) the notice of reference must be given to the Tribunal within 30 days of the Secretary of State’s determination; and (b) the notice of reference must specify whether the objection is on ground (a) or ground (b) as set out in regulation 14(4) of those Regulations.

67

In rule 16 (suspension of proceedings)—

• (a) omit “the President or”;

• (b) in paragraph (a) omit “his or”; and

• (c) omit “he or”.

68

In rule 17 (order without hearing, etc.)—

• (a) in paragraph (1)—

• (i) for “President” substitute “Tribunal”;

• (ii) for “he” substitute “the Tribunal”; and

• (iii) for “his” substitute “its”; and

• (b) in paragraph (2) for “President” substitute “Tribunal”.

69

In rule 19 (enquiries of local authorities)—

• (a) for “the President or the Tribunal consider” substitute “the Tribunal considers”; and

• (b) for “they” substitute “the Tribunal”.

70

In rule 21(1) (form of application under section 2 of the Rights of Light Act 1959) omit “Lands”.

71

In rule 26(f) (application of the Arbitration Act 1996) omit “Lands”.

72

In rule 26A (application of the Arbitration Act 1996) omit “Lands” in both places.

73

In rule 28 (simplified procedure)—

• (a) in paragraph (1) for “A member” substitute “The Tribunal”; and

• (b) for paragraph (9) substitute—

(9) The hearing shall be informal and the Tribunal shall act as if it were an arbitrator and shall adopt any procedure that it considers to be fair.

74

Omit rule 29A (assessors).

75

In rule 30(1) (consolidation of proceedings) omit—

• (a) “the President or”; and

• (b) “his or”.

76

In rule 31 (power to select test case in appeals or references)—

• (a) in paragraph (1)—

• (i) for “President” substitute “Tribunal”; and

• (ii) for “he” substitute “the Tribunal”; and

• (b) omit paragraph (2).

77

In rule 32(a) (application of Arbitration Act 1996) omit “Lands”.

78

In rule 33 (evidence)—

• (a) in paragraph (1) omit “or President”; and

• (b) in paragraph (3) for “President” in each place substitute “Tribunal”.

79

In rule 37(1) and (2) (right of audience) omit “the President or”.

80

In rule 38 (interlocutory applications)—

• (a) in paragraphs (1), (8), (9) and (10) for “President” substitute “Tribunal” and;

• (b) omit paragraph (11).

81

In rule 39(6) (pre-trial review) for “(11)” substitute “(10)”.

82

In rule 43 (preliminary issues)—

• (a) in paragraph (1) omit “President or the”; and

• (b) in paragraph (3) for “President” substitute “Tribunal”.

83

In rule 45 (withdrawal or dismissal of appeal etc, before hearing)—

• (a) in paragraph (2)—

• (i) for “President”, in each place, substitute “Tribunal”; and

• (ii) for “he” substitute “it”; and

• (b) in paragraph (3) for “President” substitute “Tribunal”.

84

In rule 47 (failure to comply with the rules not to render proceedings invalid) omit “the President or”.

85

In rule 48 (procedure at hearing) omit “and to any direction by the President”.

86

In rule 50 (decision of tribunal)—

• (a) in paragraph (5) for “Registrar” substitute “Tribunal”;

• (b) in paragraph (6) for “on which a case has been stated for the decision of the Court of Appeal” substitute “which has been appealed to the Court of Appeal”; and

• (c) after paragraph (6) insert—

(7) Where the Tribunal has made an award in proceedings on a compulsory purchase compensation reference, on the application of any party the Tribunal must specify the amount awarded in respect of any particular matter the subject of the award.

87

In rule 52 (costs)—

• (a) for the heading substitute “taxation of costs”;

• (b) omit paragraph (1);

• (c) in paragraph (3)—

• (i) for “President who” substitute “Tribunal which”; and

• (ii) for “he” substitute “it”; and

• (d) in paragraph (7)

• (i) for “President”, in each place, substitute “Tribunal”; and

• (ii) for “he” substitute “it”.

88

In rule 54 (service of notices)—

• (a) omit paragraph (4); and

• (b) in paragraph (5) omit—

• (i) “President or to any member of the Lands”; and

• (ii) “at the office”.

89

In rule 56 (substituted service) omit—

• (a) “President or the”; and

• (b) “President or”.

90

For Part 9 (transitional provisions) substitute—

(57) In this Part— - “appeal” means the exercise of a right of appeal on a point of law under section 13 of the Tribunals, Courts and Enforcement Act 2007; and - “review” means the review of a decision by the Tribunal under section 10 of that Act. (58) (1) A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal. (2) An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received within 28 days after the date on which the Tribunal sent a copy of the decision, or an order stating its effect, to the party making the application. (3) If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (2), or by any extension of time under rule 35 (extension of time)— (a) the application must include a request for an extension of time and the reason why the application was not sent or delivered to the Tribunal in time; and (b) unless the Tribunal decides to extend time for the application, the Tribunal must refuse the application. (4) An application under paragraph (1) must— (a) identify the decision of the Tribunal to which it relates; (b) identify the alleged error or errors of law in the decision; and (c) state the result the person making the application is seeking. (59) (1) On receiving an application for permission to appeal the Tribunal may review the decision in accordance with rule 60 (review of a decision), but may only do so if— (a) when making the decision the Tribunal overlooked a legislative provision or binding authority which could have had a material effect on the decision; or (b) since the Tribunal’s decision, a court has made a decision which is binding on the Tribunal and which, had it been made before the Tribunal’s decision, could have had a material effect on the decision. (2) If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it. (3) The Tribunal must send a record of its decision to the parties as soon as practicable. (4) If the Tribunal refuses permission to appeal it must send with the record of its decision— (a) a statement of its reasons for such refusal; and (b) notification of the right to make an application to the relevant appellate court for permission to appeal and the time within which, and the method by which, such application must be made. (5) The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission. (60) (1) The Tribunal may only undertake a review of a decision pursuant to rule 59(1) (review on an application for permission to appeal). (2) The Tribunal must notify the parties in writing of the outcome of any review and of any rights of review or appeal in relation to the outcome. (3) If the Tribunal decides to take any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.

91

In Schedule 1—

• (a) in Form 1 (application for certificate under section 2 of the Rights of Light Act 1959) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”;

• (b) in Form 2 (temporary certificate for registration of a notice under section 2 of the Rights of Light Act 1959) for “Lands Tribunal” substitute “Upper Tribunal”;

• (c) in Form 3 (certificate for registration of a notice under section 2 of the Rights of Light Act 1959) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”; and

• (d) in Form 4 (certificate for registration of a notice under section 2 of the Rights of Light Act 1959 following registration of a temporary notice) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.

92

Omit Schedule 2 (revocations).

Hedgerows Regulations 1997

93

In regulation 14 of the Hedgerows Regulations 1997[^f00147] (rights of entry: supplementary provisions)—

• (a) in paragraph (5) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in paragraph (6) for “sections 2 and” substitute “section”.

Anti-Pollution Works Regulations 1999

94

In paragraph 6 of the Schedule to the Anti-Pollution Works Regulations 1999[^f00148] (compensation for grant of rights)—

• (a) in sub-paragraph (1) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in sub-paragraph (2)—

• (i) for “sections 2 and” substitute “section”;

• (ii) omit “procedure on references to the Lands Tribunal and”; and

• (iii) omit paragraph (a) and the following “and”.

Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003

95

In regulation 20 of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003[^f00149] (permission to appeal) for “Lands Tribunal” substitute “Upper Tribunal”.

Fur Farming (Compensation Scheme) (England) Order 2004

96

The Fur Farming (Compensation Scheme) (England) Order 2004[^f00150] is amended as follows.

97

In regulation 5(3)(b) (determination of entitlement to compensation) for “Lands Tribunal” substitute “Upper Tribunal”.

98

In regulation 6(3)(c) and (4)(b) (determination as to amount) for “Lands Tribunal” substitute “Upper Tribunal”.

Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004

99

In the Schedule to the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004[^f00151] (forms)—

• (a) in Form 8 (notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order), in paragraph 3 for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in Form 9 (notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council), in paragraph 3 for “Lands Tribunal” substitute “Upper Tribunal”.

Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005

100

The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005[^f00152] are amended as follows.

101

In regulation 4(1)(e) and (3)(b)(ii) and (c) (circumstances in which proposals may be made) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.

102

In regulation 8(10)(b)(i) and (ii) (invalid proposals) for “Lands Tribunal” substitute “Upper Tribunal”.

103

In regulation 17(4)(b) and (5)(b)(i) and (ii) (notification of alteration) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.

104

In regulation 35(2), (5)(c) and (9) (review of decisions) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.

105

In regulation 37 (appeals)—

• (a) in paragraphs (1), (5) and (6) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) omit paragraphs (3) and (4).

106

In regulation 39(1)(b), (3) and (4) (notification of further proceedings) for “Lands Tribunal” substitute “Upper Tribunal”.

Public Contracts Regulations 2006

107

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

Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006

108

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006[^f00154] are amended as follows.

109

In regulation 11(1)(g) (registers of licences) for “Lands Tribunal” substitute “Upper Tribunal”.

110

In regulation 12(1)(g) (registers of temporary exemption notices) for “Lands Tribunal” substitute “Upper Tribunal”.

111

In regulation 13(1)(f) (registers of management orders) for “Lands Tribunal” substitute “Upper Tribunal”.

Residential Property Tribunal Procedure (England) Regulations 2006

112

In regulation 35(1), (2) and (6) of the Residential Property Tribunal Procedure (England) Regulations 2006[^f00155] for “Lands Tribunal” substitute “Upper Tribunal”.

Contaminated Land (England) Regulations 2006

113

In Schedule 2 to the Contaminated Land (England) Regulations 2006[^f00156] (compensation for rights of entry etc.)—

• (a) in paragraph 5(3) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in paragraph 6—

• (i) in sub-paragraphs (2)(c) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (ii) for sub-paragraph (4) substitute—

(4) In relation to the determination of any such question, section 4 of the 1961 Act (costs) applies as if the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.

Transport and Works (Model Clauses for Railways and Tramways) Order 2006

114

The Transport and Works (Model Clauses for Railways and Tramways) Order 2006[^f00157] is amended as follows.

115

In Schedule 1 (model clauses for railways)—

• (a) in clause 1(1) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in paragraph 5 of Schedule 8, in the provisions substituted for section 8 of the Compulsory Purchase Act 1965, in subsection (1)(a) for “Lands Tribunal” substitute “Upper Tribunal”.

116

In Schedule 2 (model clauses for tramways)—

• (a) in clause 1(1) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) in paragraph 5 of Schedule 8, in the provisions substituted for section 8 of the Compulsory Purchase Act 1965, in subsection (1)(a) for “Lands Tribunal” substitute “Upper Tribunal”.

Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

117

In paragraph 9 of Schedule 4 to the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006[^f00158] (review of decisions and consents) for “Lands Tribunal” substitute “Upper Tribunal”.

National Assembly for Wales (Disqualification) Order 2006

118

In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006[^f00159] (bodies of which all members are disqualified) omit the entry for the Lands Tribunal.

Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007

119

In regulation 3(b) of the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007[^f00160] (form and content of summary of rights and obligations of interest), in paragraph (6) of the statement for “Lands Tribunal” substitute “Upper Tribunal”.

Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007

120

In regulation 2(b) of the Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007[^f00161] (form and content of summary of rights and obligations), in paragraph (7) of the statement for “Lands Tribunal” substitute “Upper Tribunal”.

Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

121

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

Environmental Permitting (England and Wales) Regulations 2007

122

The Environmental Permitting (England and Wales) Regulations 2007[^f00163] are amended as follows.

123

In regulation 72 after paragraph (10) add—

(11) In the application of any provision by virtue of this regulation— (a) any reference to the Lands Tribunal must be read as a reference to the Upper Tribunal; (b) any reference to section 2 of the Land Compensation Act 1961 must be omitted; and (c) for the purposes of the Tribunal Procedure (Upper Tribunal) (Land Chamber) Rules 2009, any proceedings to which section 2 of the Land Compensation Act 1961 would have applied but for sub-paragraph (b) shall be proceedings on a compulsory purchase compensation reference.

124

In paragraph 26 of Schedule 5 (environmental permits – payment of compensation)—

• (a) in sub-paragraphs (2)(c) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and

• (b) for sub-paragraph (4) substitute—

(4) In relation to the determination of such a question, section 4 of the Land Compensation Act 1961 applies as if the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.

London Gateway Port Harbour Empowerment Order 2008

125

In article 2(1) of the London Gateway Port Harbour Empowerment Order 2008[^f00164] (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”.

Judicial Appointments Order 2008

126

In Part 1 of Schedule 1 to the Judicial Appointments Order 2008[^f00165] (offices for which a Fellow of the Institute of Legal Executives holds a relevant qualification) at the end of the list add—

Adjudicators appointed under regulation 9 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008[^f00166]

SCHEDULE 3 — Consequential amendments to Church of England measures

Pastoral Measure 1983

1

In section 62(3) of the Pastoral Measure 1983[^f00167] (power to impose and enforce covenants) for “Lands Tribunal” substitute “Upper Tribunal”.

Care of Churches and Ecclesiastical Jurisdiction Measure 1991

2

In section 22(7) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991[^f00168] (power of bishop to remove legal effects of consecration) for “Lands Tribunal” substitute “Upper Tribunal”.

SCHEDULE 4 — Repeals and revocations

Column 1 Enactment repealed or revoked	Column 2 Reference	Column 3 Extent of repeal or revocation
Conveyancing and Feudal Reform (Scotland) Act 1970	1970 c.35	section 50(1)
Local Government, Planning and Land Act 1980	1980 c.65	paragraph 3 of Schedule 33
Courts and Legal Services Act 1990	1990 c.41	paragraph 7 of Schedule 10
Arbitration Act 1996	1996 c.23	paragraph 6 of Schedule 3
Scotland Act 1998	1998 c.46	paragraph 9(a) of Schedule 8
Constitutional Reform Act 2005	2005 c.4	paragraph 34 of Part 1 of Schedule 4 and the entry relating to the Lands Tribunal Act 1949 in paragraph 6(3) of part 3 of Schedule 11
Tribunals, Courts and Enforcement Act 2007	2007 c.15	paragraph 5 of Schedule 10
Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973	S.I. 1973/495	paragraph 10 of the Schedule
Pensions Increase (Judicial Pensions) (Amendment) Regulations 1974	S.I. 1974/984	paragraph 10 of the Schedule
Lands Tribunal (Fees) Rules 1996	S.I. 1996/1021	the whole Rules
Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999	S.I. 1999/648	article 2(3)
Civil Procedure (Modification of Enactments) Order 2000	S.I. 2000/941	the whole Order
Contracting Out of Functions (Tribunal Staff) Order 2001	S.I. 2001/3539	the whole Order
Lands Tribunal (Fees) (Amendment) Rules 2002	S.I. 2002/770	the whole Rules
Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006	S.I. 2006/680	paragraph 54 of Schedule 1

SCHEDULE 5 — Transitional and saving provisions

Transitional and saving provisions

1

Any proceedings before the Lands Tribunal which are pending immediately before 1st June 2009 shall continue on and after 1st June 2009 as proceedings before the Upper Tribunal.

2

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

• (2) Where a hearing began before 1st June 2009 but was not completed by that date, the Upper Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.

• (3) The Upper Tribunal 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 1st June 2009; 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 1st June 2009 remains in force on and after that date as if it were a direction or order of the Upper Tribunal.

• (6) A time period which has started to run before 1st June 2009 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 1st June 2009.

3

Where an appeal lies to a court from any decision made by the Lands Tribunal before 1st June 2009, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st June 2009, section 13 of the Tribunals, Courts and Enforcement Act 2007[^f00169] (right to appeal to Court of Appeal etc.) shall apply as if the decision were a decision made on or after 1st June 2009 by the Upper Tribunal, and any reference to the Lands Tribunal in legislation relating to such an appeal, express or otherwise, is to be taken as a reference to the Upper Tribunal.

4

Any case to be remitted by a court on or after 1st June 2009 and which, if it had been remitted before 1st June 2009 would have been remitted to the Lands Tribunal, shall be remitted to the Upper Tribunal.

5

Staff appointed to the Lands Tribunal before 1st June 2009 are to be treated on and after that date, for the purpose of any enactment, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services).

6

A decision made by the Lands Tribunal before 1st June 2009 is to be treated as a decision of the Upper Tribunal on or after 1st June 2009.

Signed

By the authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 2009-05-21

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 the functions of existing tribunals to be transferred into the new structure. This Order transfers the functions of the Lands Tribunal to the Upper Tribunal, and in addition contains various minor, consequential and transitional provisions, as explained below.

Transfer of functions of tribunals Article 2 transfers the functions of the Lands Tribunal to the Upper Tribunal and abolishes the Lands Tribunal.

Transfer of members of tribunals Article 3 provides for members of the Lands Tribunal to hold the offices of transferred-in judge or transferred-in other member of the Upper Tribunal.

Transfer of Rules Article 4 provides that the current procedural rules for the Lands Tribunal, the Lands Tribunal Rules 1996, become Tribunal Procedure Rules.

Consequential provisions Article 5(1) to (5) brings Schedules 1 to 4 into effect. Schedule 1 contains consequential amendments to primary legislation, Schedule 2 contains consequential amendments to secondary legislation, Schedule 3 contains consequential amendments to Church of England Measures, and Schedule 4 contains consequential repeals and revocations of legislation. The vast majority of these amendments, repeals and revocations are made in consequence of the transfer of the functions of the Lands Tribunal to the Upper Tribunal. In addition, various amendments to legislation are made which do not relate to the transfer of the Lands Tribunal. These are as follows: Paragraph 161 of Schedule 1 amends the Mental Health Act 1983 in order to ensure that a patient who withdraws their appeal to the First-tier Tribunal can remake that appeal. This amendment relates to the transfer of the functions of Mental Health Review Tribunals in England to the First-tier Tribunal, which was effected by the Transfer of Tribunal Functions Order 2008. Paragraph 162 of Schedule 1 amends the same Act to allow members of the First-tier Tribunal who may hear mental health cases to sit in the Mental Health Review Tribunal for Wales. This preserves the position under paragraph 5 of Schedule 2 to the 1993 Act before the abolition of the Mental Health Review Tribunal for England and the transfer of its members to the First-tier Tribunal and Upper Tribunal under the Transfer of Tribunal Functions Order 2008. Paragraph 226 of Schedule 1 amends the Child Support Act 1991 to correct an error in the Transfer of Tribunal Functions Order 2008, by transferring functions which were incorrectly transferred from the Lord Chancellor to the First Minister and deputy First Minister of Northern Ireland back to the Lord Chancellor. Paragraph 245 of Schedule 1 amends the Tribunals and Inquiries Act 1992 to remove a reference to the VAT and Duties Tribunal, which was abolished by the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009. Paragraph 288 of Schedule 1 amends the Criminal Justice and Immigration Act 2008 to remove a reference to rules made under the Immigration and Asylum Act 1999, which rules were revoked by the Transfer of Tribunal Functions Order 2008. Paragraph 54 of Schedule 2 removes a reference to the Council on Tribunals which was abolished under section 45 of the 2007 Act. Paragraph 121(a), (b) and (d) to (f) of Schedule 2 amends the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 in order to remove references to tax tribunals which were abolished by the 2007 Act and the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009. Paragraph 126 of Schedule 2 amends the Judicial Appointments Order 2008 by adding to the list of offices for which Fellows of the Institute of Legal Executives hold a relevant qualification for the purposes of the judicial-appointment eligibility condition in section 50 of the Tribunals, Courts and Enforcement Act 2007. The office that is added is that of adjudicator appointed under regulation 9 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008. Section 81(2)(a) of the Traffic Management Act 2004 provides that a person must satisfy the judicial-appointment eligibility condition on a 5-year basis to qualify for appointment as an adjudicator.

Transitional and saving provisions Article 5(6) brings Schedule 5 into effect. Schedule 5 makes transitional and saving provisions for the treatment of cases which would previously have been dealt with by the Lands Tribunal, and onward appeals from that Tribunal, following the coming into force of this Order. The Schedule provides for proceedings which have been started in the Lands Tribunal to be transferred to the Upper Tribunal; new proceedings will be started in the Upper Tribunal. In transferred cases the following provisions apply: a hearing which has already been commenced but not completed will need to be completed in the Upper 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 Upper Tribunal; the Lands Tribunal Rules 2006 are amended and become Tribunal Procedure Rules by virtue of article 4 and Schedule 2. The amended rules will apply to all cases from 1st June 2009, but the Upper Tribunal will be able to disapply amendments to the rules or apply the unamended rules (including provisions in primary legislation) as they applied to the Lands Tribunal, 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 Upper Tribunal will only be able to make a costs order if and to the extent that the Lands Tribunal could have made such an order. Appeals against the decisions of the Lands Tribunals, if the appeal right has not been exercised before this Order comes into force and the time for doing so has not expired, are to be treated as appeals against the decisions of the Upper Tribunal. 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. Section 51 is amended by section 208(1) of, and paragraph 162 of Schedule 21 to, the Legal Services Act 2007 (c.29) from a date to be appointed.

[^f00003]: S.I. 2008/2833.

[^f00004]: S.I. 2009/56.

[^f00005]: 1992 c. 42.

[^f00006]: 1845 c.20. Sections 6 and 78 were amended by section 39(3) of and Schedule 7 to the Compulsory Purchase Act 1965 (c.56).

[^f00007]: 1864 c.114. Section 73 was amended by section 1 of, and Part 13 of Schedule 1 and paragraph 15 of Schedule 2 to, the Statute Law (Repeals) Act 1993 (c.50), and was repealed in relation to Scotland by section 76(2) and Part 1 of Schedule 13 to the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5).

[^f00008]: 1925 c.20. Section 84 was amended by section 28(1) of and Schedule 3 to the Law of Property Act 1969 (c.59) and sections 133 and 135 of and paragraph 2(5) of Schedule 11 and Schedule 13 to the Land Registration Act 2002 (c.9).

[^f00009]: 1945 c.43. The General Claims Tribunal was abolished and its jurisdiction transferred to the Lands Tribunal by section 22 of the Lands Powers (Defence) Act 1958 (c.30).

[^f00010]: 1949 c. 42. Section 2 was amended by section 50(1) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35); section 36 of and Schedule 4 to the Judicial Pensions Act 1981 (c.20); section 71(2) of and paragraph 7 of Schedule 10 to the Courts and Legal Services Act 1990 (c.41); section 26 of and paragraph 31 of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c.8); section 125 of and paragraph 9 of Schedule 8 to the Scotland Act 1998 (c.46); sections 15(1), 59(5) and 146 of and paragraph 34 of Schedule 4, paragraph 5 of Schedule 11 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c.4); and section 50 of and paragraph 5 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15). Section 3 was amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35), and by section 18(1) of and Schedule 3 to the Tribunals and Inquiries Act 1992 (c.53) and subsection 6C was inserted by section 193 and paragraph 3 of Schedule 33 to the Local Government, Planning and Land Act 1980 (c.65).

[^f00011]: 1949 c.74.

[^f00012]: 1949 c.97.

[^f00013]: 1954 c.56. Section 37(5D) was inserted by section 149 of and Schedule 7 to the Local Government and Housing Act 1989 (c.42).

[^f00014]: 1956 c.59.

[^f00015]: 1958 c.30.

[^f00016]: 1958 c.51.

[^f00017]: 1958 c.69.

[^f00018]: 1959 c.56.

[^f00019]: 1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c.65). Section 5A was inserted by section 103 of the Planning and Compulsory Purchase Act 2004 (c.5).

[^f00020]: 2007 c.15.

[^f00021]: 1961 c.64.

[^f00022]: type=start slip=2010-11-01 time=12886073661551962 c.xlv.type=end slip=2010-11-01 time=1288607366155

[^f00023]: 1962 c.58. Section 67(5) was amended by section 1(1) of and Part 13 of Schedule 1 to the Statute Law (Repeals) Act 1986 (c.12). Paragraph 4 of Schedule 2 was amended by article 2 of and paragraph 4(4)(b) of the Schedule to the Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519).

[^f00024]: type=start slip=2010-11-01 time=12886074068741963 c.xvii. Section 9(8) was amended by article 3 of and paragraph 106 of Schedule 1 to the Local Law (Greater London Council and Inner London Boroughs) Order 1965 (S.I. 1965/540).type=end slip=2010-11-01 time=1288607406874

[^f00025]: 1965 c.36.

[^f00026]: type=start slip=2010-11-01 time=12886074606711965 c.xxxix.type=end slip=2010-11-01 time=1288607460671

[^f00027]: 1965 c.56. Section 5(2A) to (2E) was inserted by section 67 of the Planning and Compensation Act 1991 (c.34).

[^f00028]: 1967 c.10.

[^f00029]: 1967 c.22.

[^f00030]: type=start slip=2010-11-01 time=12886075052031967 c.xlii.type=end slip=2010-11-01 time=1288607505203

[^f00031]: 1967 c.88. Section 20(4A) was inserted by section 176 of and paragraphs 1 and 4 to Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c.15). Paragraph 8(1A) of Schedule 2 was inserted by section 176 of and paragraphs 1 and 7 to Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c.15).

[^f00032]: type=start slip=2010-11-01 time=12886075326411968 c.xxxii.type=end slip=2010-11-01 time=1288607532641

[^f00033]: 1968 c.73.

[^f00034]: type=start slip=2010-11-01 time=12886075620161969 c.lii. Section 21(8) was amended by section 11(2) of the Greater London Council (General Powers) Act 1970 and section 25 was substituted by section 10 of that Act.type=end slip=2010-11-01 time=1288607562016

[^f00035]: 1970 c.9. Section 46D was substituted by section 136 of and paragraphs 7 and 12 of Schedule 22 to the Finance Act 1996 (c.8), and amended by section 88(1) of and paragraph 29 of Schedule 29 to the Finance Act 2001 (c.9). Section 47B was inserted by section 40 of and paragraph 22 of Schedule 9 to the Finance Act 1986 (c.41).

[^f00036]: 1971 c.23. Part 1A of Schedule 2 was inserted by section 71(2) of, and paragraph 31 of Schedule 10 to, the Courts and Legal Services Act 1990 (c.41).

[^f00037]: 1972 c.xlv.

[^f00038]: 1972 c.71.

[^f00039]: 1973 c.26. Section 81(1) of, and Part 1 of Schedule 2 to, the Land Compensation (Scotland) Act 1973 (c.56) ceased the application of the Act to Scotland, except for section 86 and Schedule 3, and made consequential amendments. Section 30 was substituted by section 68(3) of the Planning and Compensation Act 1991 (c.34). Section 33A was inserted by section 106(1) of the Planning and Compulsory Purchase Act 2004 (c.5), section 33I was inserted by section 109 of that Act and section 52ZC was inserted by section 104 of that Act.

[^f00040]: 1975 c.23.

[^f00041]: 1975 c.24.

[^f00042]: 1975 c.25.

[^f00043]: 1975 c.47. Section 1 was amended by section 40(4) and 59(5) of, paragraph 26 of Schedule 9 to and paragraph 22 of Schedule 11 to the Constitutional Reform Act 2005 (c.4), section 48(1) of and paragraph 6 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15), and article 2(1) and the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678).

[^f00044]: 1975 c.70. Schedule 4 was inserted by section 127 of and paragraph 3 of Schedule 13 to the Government of Wales Act 1998 (c.38).

[^f00045]: 1976 c.57.

[^f00046]: 1977 c.30.

[^f00047]: 1979 c.46. Section 17(7) was substituted by section 128(1) of, and paragraph 8 of Schedule 14 to, the Tithe Conditions (Scotland) Act 2003 (asp 9).

[^f00048]: 1980 c.65.

[^f00049]: 1980 c.66.

[^f00050]: 1981 c.20. Section 10(1) was amended by section 118(2) of the Courts and Legal Services Act 1990 (c.41).

[^f00051]: 1981 c.64.

[^f00052]: 1981 c.66.

[^f00053]: 1981 c.67.

[^f00054]: 1982 c.16.

[^f00055]: 1982 c.36.

[^f00056]: 1983 c.20.

[^f00057]: 1983 c.47.

[^f00058]: 1984 c.12.

[^f00059]: 1984 c.27.

[^f00060]: type=start slip=2010-11-01 time=12886076155951984 c.xlv.type=end slip=2010-11-01 time=1288607615595

[^f00061]: 1984 c.51. Section 222(4B) was substituted by section 200 of the Finance Act 1993 (c.34) and amended by the Transfer of Tribunal Functions and Revenue and Customs Order 2009 (S.I. 2009/56).

[^f00062]: 1985 c.12.

[^f00063]: 1985 c.68. Section 269(6) was amended by section 48(1) and (2)(c) of the Housing Act 2004 (c.34). Section 584B was inserted by section 165 of, and paragraph 75 of Schedule 9 to, the Local Government and Housing Act 1989 (c.42) and substituted by section 265(1) of, and paragraphs 10 and 31 of Schedule 15 to, the 2004 Act. Paragraph 11(5B) of Schedule 5 was inserted by section 181 of the 2004 Act.

[^f00064]: 1985 c.70. Section 20C was inserted by section 41 of and paragraph 4 of Schedule 2 to the Landlord and Tenant Act 1987 (c.31), and was substituted by section 83(4) of the Housing Act 1996 (c.52).

[^f00065]: type=start slip=2010-11-01 time=12886077848791986 c.iv.type=end slip=2010-11-01 time=1288607784879

[^f00066]: 1986 c.44.

[^f00067]: 1987 c.31. Sections 12D and 14 were substituted by section 92(1) of and Part 2 of Schedule 6 to the Housing Act 1996 (c.52).

[^f00068]: 1987 c.53.

[^f00069]: 1988 c.41.

[^f00070]: 1988 c.50.

[^f00071]: 1989 c.29.

[^f00072]: 1990 c.8.

[^f00073]: 1990 c.9.

[^f00074]: 1990 c.31.

[^f00075]: 1990 c.41.

[^f00076]: 1991 c.34. Part 2 of Schedule 18 was amended by article 2(1) and (3) of the Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999 (S.I. 1999/648).

[^f00077]: 1991 c.45.

[^f00078]: 1991 c.56.

[^f00079]: 2009 c. 3.

[^f00080]: 1991 c.48. In paragraph 4 of Schedule 4, sub-paragraph (2)(b) was amended by section 26 of, and paragraph 23(3) of Schedule 6 to, the Judicial Pensions and Retirement Act 1993 (c.8), and sub-paragraphs (1) and (2)(a) were amended by article 9(1) of, and paragraph 97(7)(a) and (d) of Schedule 3 to, the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833).

[^f00081]: 1991 c.57.

[^f00082]: 1991 c.59.

[^f00083]: 1992 c.42.

[^f00084]: 1992 c.53.

[^f00085]: 1993 c.8.

[^f00086]: 1993 c.42.

[^f00087]: 1994 c.21. Schedule 1B was inserted by section 85(2) of and Schedule 6 to the Water Act 2003 (c.37).

[^f00088]: type=start slip=2010-11-01 time=12886078236291995 c.i.type=end slip=2010-11-01 time=1288607823629

[^f00089]: 1996 c.52.

[^f00090]: 1996 c.61.

[^f00091]: 1998 c.38.

[^f00092]: 1998 c.45.

[^f00093]: 2000 c.26.

[^f00094]: 2000 c.33.

[^f00095]: 2002 c.15.

[^f00096]: 2003 c. 14. Paragraph 45 was inserted by paragraph 393 of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56).

[^f00097]: 2004 c.34.

[^f00098]: 2005 c.4.

[^f00099]: 2006 c.12.

[^f00100]: 2008 c.4.

[^f00101]: 2008 c.17.

[^f00102]: 2008 c.18.

[^f00103]: 2008 c.29.

[^f00104]: S.I. 1952/161.

[^f00105]: S.I. 1954/1255.

[^f00106]: S.I. 1959/715.

[^f00107]: S.I. 1960/194.

[^f00108]: S.I. 1968/1672.

[^f00109]: S.I. 1972/71. The Schedule was amended by regulations 4 and 5 of and Schedules 1 and 2 to the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973 (S.I. 1973/495), and regulations 4 and 5 of and Schedules 1 and 2 to the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1974 (S.I. 1974/984).

[^f00110]: S.I. 1974/985.

[^f00111]: S.I. 1974/1242.

[^f00112]: S.I. 1974/1286.

[^f00113]: S.I. 1977/84.

[^f00114]: 1965 c. 56.

[^f00115]: S.I. 1977/985. Schedule 3 was substituted by rule 2 of and the Schedule to the Local Land Charges (Amendment) Rules 2003 (S.I. 2003/2502).

[^f00116]: S.I. 1978/1535.

[^f00117]: S.I. 1986/225.

[^f00118]: S.I. 1986/1711. Regulation 8 was amended by regulation 3 of the Stamp Duty Reserve Tax (Amendment) Regulations 1993 (S.I. 1993/3110) and paragraph 14 of Schedule 2 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56).

[^f00119]: S.I. 1987/821.

[^f00120]: S.I. 1988/1418.

[^f00121]: S.I. 1988/1420.

[^f00122]: S.I. 1989/439. Regulations 31 and 49 were substituted by regulation 20 and 22 respectively of the Valuation and Community Charge Tribunals (Amendment) Regulations 1989 (S.I. 1993/292).

[^f00123]: S.I. 1989/1060.

[^f00124]: S.I. 1990/1730.

[^f00125]: S.I. 1990/1904.

[^f00126]: S.I. 1990/2145.

[^f00127]: S.I. 1991/2512.

[^f00128]: S.I. 1992/230.

[^f00129]: S.I. 1992/1492.

[^f00130]: S.I. 1992/3082. Paragraph 4(6) was inserted by regulation 3(5) of the Non-Domestic Rating Contributions (England) (Amendment No.3) Regulations 1994 (S.I. 1994/3139).

[^f00131]: S.I. 1993/290.

[^f00132]: S.I. 1994/570.

[^f00133]: S.I. 1994/2716. Regulation 92 was revoked in relation to Scotland by regulation 22(c) of the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2004 (S.S.I 2004/475).

[^f00134]: S.I. 1995/2863.

[^f00135]: S.I. 1995/2869.

[^f00136]: S.I. 1996/1022. The Rules were amended by the Lands Tribunal (Amendment) Rules 1997 (S.I. 1997/1965), the Lands Tribunal (Amendment) Rules 1998 (S.I. 1998/22), the Lands Tribunal (Amendment) Rules 2003 (S.I. 2003/2945), article 2 of and paragraph 54 of Schedule 1 to the Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 (S.I. 2006/680) and the Lands Tribunal (Amendment) Rules 2006 (S.I. 2006/880).

[^f00137]: S.I. 2008/2684 as amended by the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2009 (S.I. 2009/196) and the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 2) Order 2009 (S.I. 2009/1021).

[^f00138]: 1981 c. 66.

[^f00139]: 1967 c. 42.

[^f00140]: 1980 c. 66.

[^f00141]: S.I. 1994/2716.

[^f00142]: 2007 c.15.

[^f00143]: S.I. 2005/659.

[^f00144]: S.I. 2005/758.

[^f00145]: 1990 c. 8.

[^f00146]: S.I. 1974/1242.

[^f00147]: S.I. 1997/1160.

[^f00148]: S.I. 1999/1006.

[^f00149]: S.I. 2003/2099.

[^f00150]: S.I. 2004/1964.

[^f00151]: S.I. 2004/2595.

[^f00152]: S.I. 2005/659.

[^f00154]: S.I. 2006/373.

[^f00155]: S.I. 2006/831.

[^f00156]: S.I. 2006/1380.

[^f00157]: S.I. 2006/1954.

[^f00158]: S.I. 2006/2522.

[^f00159]: S.I. 2006/3335.

[^f00160]: S.I. 2007/1257.

[^f00161]: S.I. 2007/1258.

[^f00163]: S.I. 2007/3538.

[^f00164]: S.I. 2008/1261.

[^f00165]: S.I. 2008/2995.

[^f00166]: S.I. 2008/609.

[^f00167]: 1983 No.1. Subsection (3) was inserted by section 8 of the Pastoral (Amendment) Measure 1994 (1994 No.1).

[^f00168]: 1991 No.1.

[^f00169]: 2007 c. 15.

Editorial notes

[^key-959719ed3eda68b53f402bf3b144016a]: Art. 1 in force at 1.6.2009, see art. 1

[^key-8be30a37b95ffeb3167b74920c3750f4]: Art. 2 in force at 1.6.2009, see art. 1

[^key-bd18cd97556326314fe3b518e12ca470]: Art. 3 in force at 1.6.2009, see art. 1

[^key-58a1fe6d02976a880ecd4ed222022707]: Art. 4 in force at 1.6.2009, see art. 1

[^key-045cca75ea4d34824863c124369c3802]: Art. 5 in force at 1.6.2009, see art. 1

[^key-27d8bd68cbaa0a83de153213eaa097e9]: Art. 6 in force at 1.6.2009, see art. 1

[^key-921e45190589c36870f8d81738ac4ae3]: Sch. 1 para. 1 in force at 1.6.2009, see art. 1

[^key-2ee3e16360d413bd5d07a1cf43706d3e]: Sch. 1 para. 2 in force at 1.6.2009, see art. 1

[^key-7672096cbdad9cc1c4f57c448e55f18f]: Sch. 1 para. 3 in force at 1.6.2009, see art. 1

[^key-9dedd9206e91b9da91b40fa07b5f773a]: Sch. 1 para. 4 in force at 1.6.2009, see art. 1

[^key-3f3e0b1e5ff08ad8b9209cf3065761f2]: Sch. 1 para. 5 in force at 1.6.2009, see art. 1

[^key-6cdc23d3048fed51e7614c8f535e29fd]: Sch. 1 para. 6 in force at 1.6.2009, see art. 1

[^key-f679b4faefb41820d6d05c1f243bcf31]: Sch. 1 para. 7 in force at 1.6.2009, see art. 1

[^key-3d702f57ece6c5413e1aea14f5e05b1d]: Sch. 1 para. 8 in force at 1.6.2009, see art. 1

[^key-e23ed3ecf8b828baa0ac369900cf8a2f]: Sch. 1 para. 9 in force at 1.6.2009, see art. 1

[^key-424682b41da40efb5e5272f2acd9e4ef]: Sch. 1 para. 10 in force at 1.6.2009, see art. 1

[^key-3ec8902c395582684504861c652a30d1]: Sch. 1 para. 11 in force at 1.6.2009, see art. 1

[^key-64d68b1bf6a382cd9f8309a19b526e3a]: Sch. 1 para. 12 in force at 1.6.2009, see art. 1

[^key-6259f6581ee06424bf2532088713e9c4]: Sch. 1 para. 13 in force at 1.6.2009, see art. 1

[^key-988d0e0a327e6b928cb19d3f10518937]: Sch. 1 para. 14 in force at 1.6.2009, see art. 1

[^key-436b957c0bf6b54344d1b317aafc19b5]: Sch. 1 para. 15 in force at 1.6.2009, see art. 1

[^key-55390ade59d1c38774e2e0fb0452cc76]: Sch. 1 para. 16 in force at 1.6.2009, see art. 1

[^key-b7a2e2800944fe4ebbf4e7c5d4608678]: Sch. 1 para. 17 in force at 1.6.2009, see art. 1

[^key-efd2d38a51a16e909d1ee6783607e3e9]: Sch. 1 para. 18 in force at 1.6.2009, see art. 1

[^key-0a57fbbbf0dcb96b923ed47e01a06383]: Sch. 1 para. 19 in force at 1.6.2009, see art. 1

[^key-a5925e168154b8b8ae1caba7a7f0390a]: Sch. 1 para. 20 in force at 1.6.2009, see art. 1

[^key-c91912da0b955fe35a7603fb2308a9ed]: Sch. 1 para. 21 in force at 1.6.2009, see art. 1

[^key-9a7c7d57e9ff9e4b6c42666494e2dc45]: Sch. 1 para. 22 in force at 1.6.2009, see art. 1

[^key-15a645521969285cde43ebc70a3c9afb]: Sch. 1 para. 23 in force at 1.6.2009, see art. 1

[^key-e66dc2ed9ebe0e8fa3179fe6f3678de0]: Sch. 1 para. 24 in force at 1.6.2009, see art. 1

[^key-03057c179745fbb04aadbdf30624e080]: Sch. 1 para. 25 in force at 1.6.2009, see art. 1

[^key-c50cbfe4a7e2c5ff733f4edee4eebebf]: Sch. 1 para. 26 in force at 1.6.2009, see art. 1

[^key-7f3a7b14d69db3bd6cdbbefa10b62700]: Sch. 1 para. 27 in force at 1.6.2009, see art. 1

[^key-641deb237272ccfc7a6e685f553f1a26]: Sch. 1 para. 28 in force at 1.6.2009, see art. 1

[^key-70ccebfe6468795136f740be10f48759]: Sch. 1 para. 29 in force at 1.6.2009, see art. 1

[^key-467b445641c93ffff42d36680ba0662b]: Sch. 1 para. 30 in force at 1.6.2009, see art. 1

[^key-c7fcddb7f246df444e693a5e7c79e6a2]: Sch. 1 para. 31 in force at 1.6.2009, see art. 1

[^key-45297aa909fb1d8a455a8b360cd137bb]: Sch. 1 para. 32 in force at 1.6.2009, see art. 1

[^key-019f84c60726dce69ebfb500fc104a27]: Sch. 1 para. 33 in force at 1.6.2009, see art. 1

[^key-721668eede98a53daf2d2a45b8475656]: Sch. 1 para. 34 in force at 1.6.2009, see art. 1

[^key-577811c2feb2ae4b48c79836826a9a2a]: Sch. 1 para. 35 in force at 1.6.2009, see art. 1

[^key-2ab9b3f46a8d30c248da92b469e70232]: Sch. 1 para. 36 in force at 1.6.2009, see art. 1

[^key-e05a74e6f76a6b84c96d0e0f657721e7]: Sch. 1 para. 37 in force at 1.6.2009, see art. 1

[^key-971513ce7211ab24becf2c79c3376513]: Sch. 1 para. 38 in force at 1.6.2009, see art. 1

[^key-bc8b21fb8f2c4432437c92849224a6b0]: Sch. 1 para. 39 in force at 1.6.2009, see art. 1

[^key-77242628a4ff580ce4029530eb6a510b]: Sch. 1 para. 40 in force at 1.6.2009, see art. 1

[^key-c5d44ae2f8bb72ff0a61bd5c4f930b78]: Sch. 1 para. 41 in force at 1.6.2009, see art. 1

[^key-8653c4f9c371a01cc402e7d1751609f7]: Sch. 1 para. 42 in force at 1.6.2009, see art. 1

[^key-222566131fd4274c1231f1fe89e76dd2]: Sch. 1 para. 43 in force at 1.6.2009, see art. 1

[^key-efd270a3dc95c9522af503b90b70ae1f]: Sch. 1 para. 44 in force at 1.6.2009, see art. 1

[^key-b65dba428afaba3ef75006388b418756]: Sch. 1 para. 45 in force at 1.6.2009, see art. 1

[^key-6b75a775902588fed4671c0b08909ffc]: Sch. 1 para. 46 in force at 1.6.2009, see art. 1

[^key-807cbec26f5997f47e08bfd3b7306550]: Sch. 1 para. 47 in force at 1.6.2009, see art. 1

[^key-71fafb947b6ca0e390f60b319b71445b]: Sch. 1 para. 48 in force at 1.6.2009, see art. 1

[^key-763b9faab25c04a65e4fad5b578efa65]: Sch. 1 para. 49 in force at 1.6.2009, see art. 1

[^key-703c557db474050f8fb97fd41196bc6f]: Sch. 1 para. 50 in force at 1.6.2009, see art. 1

[^key-5dbf55c41464fd47458cc15c231cd673]: Sch. 1 para. 51 in force at 1.6.2009, see art. 1

[^key-3c6253ca3e065faf04c58356d6ef0413]: Sch. 1 para. 52 in force at 1.6.2009, see art. 1

[^key-13fb806f95a2e48bf1ba7583bdda9fd4]: Sch. 1 para. 53 in force at 1.6.2009, see art. 1

[^key-170b84dc1309441579f06f63498733e7]: Sch. 1 para. 54 in force at 1.6.2009, see art. 1

[^key-61cc6f98b4bda12ecfb6580c80fa9154]: Sch. 1 para. 55 in force at 1.6.2009, see art. 1

[^key-8a3311f1d44c7d620c13badd66584985]: Sch. 1 para. 56 in force at 1.6.2009, see art. 1

[^key-d1b96324130c693f4a8f407de67d3472]: Sch. 1 para. 57 in force at 1.6.2009, see art. 1

[^key-a2bd21daedb3ba5d9cb43e84974d49bb]: Sch. 1 para. 58 in force at 1.6.2009, see art. 1

[^key-6c55b80f1b4d61ae0a7ab395f16bce85]: Sch. 1 para. 59 in force at 1.6.2009, see art. 1

[^key-6d9865a843293f342fa33444fb7adfe8]: Sch. 1 para. 60 in force at 1.6.2009, see art. 1

[^key-c04f66ddac6618d4d61582a47a4ef391]: Sch. 1 para. 61 in force at 1.6.2009, see art. 1

[^key-c4ebb54c0e28fd7d4ae49326e14cb66f]: Sch. 1 para. 62 in force at 1.6.2009, see art. 1

[^key-a030f39d0735203da52ff26aaa8dfcbc]: Sch. 1 para. 63 in force at 1.6.2009, see art. 1

[^key-a9b6d5f24994d302cea44710f53b0b57]: Sch. 1 para. 64 in force at 1.6.2009, see art. 1

[^key-c853fba64660d8f4c5b4761e90cc9458]: Sch. 1 para. 65 in force at 1.6.2009, see art. 1

[^key-9d8f454ccfedc07b3f10b6aa7fe4876d]: Sch. 1 para. 66 in force at 1.6.2009, see art. 1

[^key-be4ac60d20c2ee1391e9c547ec7d1a1f]: Sch. 1 para. 67 in force at 1.6.2009, see art. 1

[^key-6c723c7d3bda04d4d893332870086d1b]: Sch. 1 para. 68 in force at 1.6.2009, see art. 1

[^key-dbaba821b6efc24cd88578b084743a6c]: Sch. 1 para. 69 in force at 1.6.2009, see art. 1

[^key-af626d59d43343ee4f4312b88f52f5df]: Sch. 1 para. 70 in force at 1.6.2009, see art. 1

[^key-1bda876c16b53fc7c5380bd7e0ca6fc6]: Sch. 1 para. 71 in force at 1.6.2009, see art. 1

[^key-a7bc5cbe82f5668379eb2635d07e2584]: Sch. 1 para. 72 in force at 1.6.2009, see art. 1

[^key-1e694641e96bba80f5a8f1e50050556c]: Sch. 1 para. 73 in force at 1.6.2009, see art. 1

[^key-062750e3d39e6959779acf57f38de4b2]: Sch. 1 para. 74 in force at 1.6.2009, see art. 1

[^key-80e3b6d4e66438f34851ccdad9af3071]: Sch. 1 para. 75 in force at 1.6.2009, see art. 1

[^key-65100e89faf511e5108a0a9a47303e98]: Sch. 1 para. 76 in force at 1.6.2009, see art. 1

[^key-bc9fa53e74207459122c2cbef236572f]: Sch. 1 para. 77 in force at 1.6.2009, see art. 1

[^key-d8a45a9be7b0fa7abce9063c66a2794d]: Sch. 1 para. 78 in force at 1.6.2009, see art. 1

[^key-2bafd71a9b893386f5979364d9701a78]: Sch. 1 para. 79 in force at 1.6.2009, see art. 1

[^key-c8c2d22bcc4c2ab1d412b47d644e7646]: Sch. 1 para. 80 in force at 1.6.2009, see art. 1

[^key-b375ed5cf15d238a7c344b0fcca2cc66]: Sch. 1 para. 81 in force at 1.6.2009, see art. 1

[^key-9f33c7122cd6dad1ae8121ce16e375d5]: Sch. 1 para. 82 in force at 1.6.2009, see art. 1

[^key-298a65009b5f45d9c5eeb1ddf17e1aaa]: Sch. 1 para. 83 in force at 1.6.2009, see art. 1

[^key-001f899f19421e9a72b1fbd6e84e9a8f]: Sch. 1 para. 84 in force at 1.6.2009, see art. 1