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The Transfer of Tribunal Functions Order 2010

Type Statutory-Instrument

Publication 2010-01-06

Last updated 2018-05-25

State In force

Department King's Printer of Acts of Parliament

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Made: 6th January 2010

Coming into force in accordance with article 1

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

Citation, commencement and extent

1

(1) This Order may be cited as the Transfer of Tribunal Functions Order 2010 and, subject to paragraph (2), comes into force on 18th January 2010.

(2) The following provisions of this Order come into force on 6th April 2010—

(a) paragraph (5);

(b) article 2(2), (3)(b) and (4);

(d) Schedule 1 in respect of the Financial Services and Markets Tribunal and the Pensions Regulator Tribunal;

(e) in Schedule 2, paragraphs 3(c)(i), 4(c), 5 to 9, 12 to 14, 15(c), 17(b), 18(b), 20 to 23, 43 to 49, 74 to 89, 92(h) to (k) and 141 to 151;

(f) in Schedule 3, paragraphs 16 to 38, 90 to 94, 140 to 142, 143(d), 144 to 146, 148 to 158, 176 to 189 and 191 to 200; and

(g) Part 2 of Schedule 4.

(3) Subject as follows, this Order extends to England and Wales, Scotland and Northern Ireland.

(4) Except as provided by paragraph (5), an amendment, repeal or revocation of any enactment by any provision of Schedule 2, 3 or 4 extends to the part or parts of the United Kingdom to which the enactment extends.

(5) The amendments, repeals and revocations made by the following provisions do not extend to Northern Ireland—

(a) in Schedule 2, paragraphs 5(b), 9(b), 77 to 79, 83 to 85, 88, 142(b) and 143(b);

(b) in Schedule 3, paragraphs 90 to 94;

(i) the Tribunals, Courts and Enforcement Act 2007[^f00002] in so far as it relates to paragraph 40 of Schedule 10;

(ii) the Pensions Act 2008[^f00003];

(iii) the Pensions Regulator Tribunal Rules 2005[^f00004]; and

(iv) the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 2) Order 2006[^f00005].

Transfer of functions of certain tribunals

2

(1) The functions of the following tribunals are transferred to the First-tier Tribunal—

(a) tribunals drawn from the Adjudication Panel for England;

(b) the Claims Management Services Tribunal;

(d) the Immigration Services Tribunal; and

(e) the Family Health Services Appeal Authority.

(2) The functions of the Financial Services and Markets Tribunal are transferred to the Upper Tribunal.

(3) The functions of the following tribunals are transferred to the First-tier Tribunal and the Upper Tribunal with the question as to which one of them is to exercise the functions in a particular case being determined by, or under, Tribunal Procedure Rules—

(a) the Information Tribunal; and

(b) subject to paragraph (4), the Pensions Regulator Tribunal.

(4) The functions of the Pensions Regulator Tribunal exercisable in relation to Northern Ireland are not transferred.

Abolition of tribunals

3

The tribunals mentioned in article 2(1), (2) and (3)(a) are abolished.

Persons becoming judges and other members of the First-tier Tribunal and the Upper Tribunal

4

A person who, immediately before this Order comes into force, holds an office listed in a part of Schedule 1, is to hold the office or offices set out in the corresponding entry in the table below.

Part of Schedule 1	Office or offices
Part 1	Transferred-in judge of the Upper Tribunal
Part 2	Transferred-in other member of the Upper Tribunal
Part 3	Deputy judge of the Upper Tribunal and transferred in judge of the First-tier Tribunal
Part 4	Transferred-in judge of the First-tier Tribunal
Part 5	Transferred-in other member of the First-tier Tribunal

Consequential, transitional and saving provisions

5

(1) Schedule 2 contains amendments to primary legislation as a consequence of the transfers effected by this Order.

(2) Schedule 3 contains amendments to secondary legislation as a consequence of the transfers effected by this Order.

(3) Schedule 4 contains repeals and revocations as a consequence of the amendments in Schedules 2 and 3.

(4) Schedule 5 contains transitional and saving provisions.

SCHEDULE 1 — Persons becoming judges and members of the First-tier Tribunal and Upper Tribunal

PART 1 — Persons becoming transferred-in judges of the Upper Tribunal

Member of the panel of chairmen of the Financial Services and Markets Tribunal appointed under paragraph 3(1) of Schedule 13 to the Financial Services and Markets Act 2000 (c. 8)

Member of the panel of chairmen of the Pensions Regulator Tribunal appointed under paragraph 1(1) of Schedule 4 to the Pensions Act 2004 (c. 35)

President of the Claims Management Services Tribunal by virtue of section 12(2)(b) of the Compensation Act 2006 (c. 29)

Deputy President of the Claims Management Services Tribunal by virtue of section 12(2)(c) of the Compensation Act 2006

Member of the panel of chairmen of the Claims Management Services Tribunal by virtue of section 12(2)(d) of the Compensation Act 2006

PART 2 — Persons becoming transferred-in other members of the Upper Tribunal

Other member of the Information Tribunal appointed under section 6(4)(c) of the Data Protection Act 1998[^f00006]

Member of the lay panel of members of the Financial Services and Markets Tribunal appointed under paragraph 3(4) of Schedule 13 to the Financial Services and Markets Act 2000

Member of the lay panel of members of the Pensions Regulator Tribunal appointed under paragraph 1(4) of Schedule 4 to the Pensions Act 2004

Member of the panel of other members of the Claims Management Services Tribunal by virtue of section 12(2)(a) of the Compensation Act 2006

PART 3 — Persons becoming deputy judges of the Upper Tribunal and transferred-in judges of the First-tier Tribunal

Chairman of the Information Tribunal appointed under section 6(4)(a) of the Data Protection Act 1998 and known as the President of the Tribunal

Deputy chairman of the Information Tribunal appointed under section 6(4)(b) of the Data Protection Act 1998 and designated under paragraph 2 of Schedule 6 to that Act

President of the Immigration Services Tribunal appointed under paragraph 2 of Schedule 7 to the Immigration and Asylum Act 1999 (c. 33)

President of the Adjudication Panel for England appointed under section 75(4)(a) of the Local Government Act 2000 (c. 22)

President of the Gambling Appeals Tribunal appointed under paragraph 1(1)(a) of Schedule 8 to the Gambling Act 2005 (c. 19)

President of the Family Health Services Appeal Authority appointed under paragraph 1(a) of Schedule 13 to the National Health Service Act 2006 (c. 41)

PART 4 — Persons becoming transferred-in judges of the First-tier Tribunal

Deputy chairman of the Information Tribunal appointed under section 6(4)(b) of the Data Protection Act 1998

A legal member of the Immigration Services Tribunal appointed under paragraph 1(2) and (3)(a) of Schedule 7 to the Immigration and Asylum Act 1999

Deputy President of the Adjudication Panel for England appointed under section 75(4)(b) of the Local Government Act 2000

Member of the Adjudication Panel for England appointed under section 75(3) of the Local Government Act 2000 as a legal member of the Panel

Other member of the Gambling Appeals Tribunal appointed under paragraph 1(1)(b) of Schedule 8 to the Gambling Act 2005

Deputy President of the Family Health Services Appeal Authority appointed under paragraph 1(b) of Schedule 13 to the National Health Service Act 2006

Member of the Family Health Services Appeal Authority appointed under paragraphs 1(c) and 6(2)(a) of Schedule 13 to the National Health Service Act 2006

PART 5 — Persons becoming transferred-in other members of the First-tier Tribunal

Other member of the Immigration Services Tribunal appointed under paragraph 1(2) and (3)(b) of Schedule 7 to the Immigration and Asylum Act 1999

Member of the Adjudication Panel for England appointed under section 75(3) of the Local Government Act 2000 as a lay member of the Panel

Other member of the Family Health Services Appeal Authority appointed under paragraph 1(c) of Schedule 13 to the National Health Service Act 2006

SCHEDULE 2 — Consequential amendments to primary legislation

Public Records Act 1958

1

In paragraph 4(1) of Schedule 1 to the Public Records Act 1958[^f00007] (definition of public records) omit paragraphs (ja) and (nn).

Parliamentary Commissioner Act 1967

2

In Schedule 4 to the Parliamentary Commissioner Act 1967[^f00008] (relevant tribunals for the purposes of section 5(7)) omit the entry relating to the Information Tribunal.

House of Commons Disqualification Act 1975

3

In Schedule 1 to the House of Commons Disqualification Act 1975[^f00009] (offices disqualifying for membership)—

(a) in Part 1 (judicial offices) omit the entry relating to a member of the Immigration Services Tribunal;

(b) in Part 2 (bodies of which all members are disqualified) omit the entries relating to—

(i) the Gambling Appeals Tribunal; and

(ii) the Information Tribunal; and

(i) any member, in receipt of remuneration, of a panel of persons who may be selected to act as members of the Financial Services and Markets Tribunal; and

(ii) the President and any Deputy President of the Family Health Services Appeal Authority.

Northern Ireland Assembly Disqualification Act 1975

4

In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975[^f00010] (offices disqualifying for membership)—

(a) in Part 1 (judicial offices) omit the entry relating to a member of the Immigration Services Tribunal;

(b) in Part 2 (bodies of which all members are disqualified) omit the entry relating to the Information Tribunal; and

(c) in Part 3 (other disqualifying offices) omit the entry for any member, in receipt of remuneration, of a panel of persons who may be selected to act as members of the Financial Services and Markets Tribunal.

Companies Act 1985

5

In Schedule 15D to the Companies Act 1985^f00011—

(a) for paragraph 43 substitute—

(43) A disclosure with a view to the institution of, or otherwise for the purposes of, proceedings before the Upper Tribunal in respect of— (a) a decision of the Financial Services Authority; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00012] or the Banking Act 2009[^f00013].

; and

(b) in paragraph 44A for “the Pensions Regulator Tribunal” substitute “a tribunal in relation to a decision of the Pensions Regulator”.

Building Societies Act 1986

6

The Building Societies Act 1986[^f00014] is amended as follows.

7

In section 46A (notices, hearings and appeals)—

(a) in subsection (5) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”; and

(b) omit subsection (7).

8

In section 93 (amalgamations)—

(a) in subsection (6B) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”; and

(b) in subsection (6C) for “section 133(9)” substitute “section 133A(4)”.

Companies Act 1989

9

In Section 87(2) of the Companies Act 1989[^f00015] (exceptions from restrictions on disclosure)—

(a) for paragraph (b) substitute—

(b) civil proceedings arising under or by virtue of the Financial Services and Markets Act 2000 and proceedings before the Upper Tribunal in respect of— (i) a decision of the Financial Services Authority; (ii) a decision of the Bank of England; or (iii) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00016] or the Banking Act 2009[^f00017],

; and

(b) in paragraph (d) for “the Pensions Regulator Tribunal” substitute “a tribunal in relation to a decision of the Pensions Regulator”.

Courts and Legal Services Act 1990

10

In Schedule 11 to the Courts and Legal Services Act 1990[^f00018] (judges etc. barred from legal practice) omit the entry relating to the President of the Gambling Appeals Tribunal.

Planning and Compensation Act 1991

11

In Part 2 of Schedule 18 to the Planning and Compensation Act 1991[^f00019] (compensation provisions referred to in section 80) for the entry for rule 32 of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2009 substitute—

Rule 32 of the Lands Tribunal Rules 1996 (awards with interest by Lands Chamber of the Upper Tribunal).

Friendly Societies Act 1992

12

The Friendly Societies Act 1992[^f00020] is amended as follows.

13

In section 58A (notices, hearings and appeals)—

(a) in subsection (5) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”; and

(b) omit subsection (7).

14

In section 85 (amalgamation of friendly societies)—

(a) in subsection (4C) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”; and

(b) in subsection (4D) for “section 133(9)” substitute “section 133A(4)”.

Tribunals and Inquiries Act 1992

15

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992[^f00021] (tribunals under direct supervision of Council) omit—

(a) paragraph 8A relating to the Claims Management Services Tribunal;

(b) paragraph 14(b) relating to the Information Tribunal;

(d) paragraph 21C relating to the Gambling Appeals Tribunal;

(e) paragraph 22A relating to the Immigration Services Tribunal; and

(f) paragraph 33(b) relating to the Family Health Services Appeal Authority.

Judicial Pensions and Retirement Act 1993

16

The Judicial Pensions and Retirement Act 1993[^f00022] is amended as follows.

17

In Part 2 of Schedule 1 (the offices which may be qualifying judicial offices – other appointments) omit the entries relating to—

(a) the President of the Gambling Appeals Tribunal; and

(b) the President or Deputy President of the Financial Services and Markets Tribunal.

18

In Schedule 5 (retirement provisions: the relevant offices) omit the entries relating to—

(a) the chairman or a deputy chairman of the Information Tribunal;

(b) a Member of the Financial Services and Markets Tribunal; and

19

In Schedule 7 (retirement dates: transitional provisions), in paragraph 5(5) omit paragraph (xxvi) relating to the chairman or a deputy chairman of the Information Tribunal.

Pension Schemes Act 1993

20

In section 175(1)(d) of the Pension Schemes Act 1993[^f00023] (levies towards certain expenditure) for “the Pensions Regulator Tribunal” substitute “a tribunal in relation to a decision of the Pensions Regulator”.

Pensions Act 1995

21

The Pensions Act 1995[^f00024] is amended as follows.

22

In section 3 (prohibition orders)—

(a) in subsection (4)—

(i) in paragraph (a) for “the Tribunal” substitute “a tribunal”; and

(ii) in paragraph (b) for “the Tribunal’s determination” substitute “the determination of the tribunal concerned”; and

(b) omit subsection (8).

23

In section 4 (suspension orders)—

(a) in subsection (5A)—

(i) in paragraph (a) for “the Tribunal” substitute “a tribunal”; and

(ii) in paragraph (b) for “the Tribunal’s determination” substitute “the determination of the tribunal concerned”; and

(b) omit subsection (7).

Data Protection Act 1998

24

The Data Protection Act 1998[^f00025] is amended as follows.

25

In section 6 (the Commissioner and the Tribunal)—

(a) in the heading omit “and the Tribunal”;

(b) omit subsections (3) to (6); and

26

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

27

In section 49 (determination of appeals) omit subsections (6) and (7).

28

In section 55E[^f00026] (notices under sections 55A and 55B: supplemental) in subsection (2)—

(a) omit paragraph (d);

(b) in paragraph (e) for “such appeals” substitute “appeals made by virtue of paragraph (c)”; and

29

In section 70(1) (supplementary definitions) for the definition of “the Tribunal” substitute—

“the Tribunal”, in relation to any appeal under this Act, means—the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; orthe First-tier Tribunal, in any other case;

30

In Schedule 5 (the Information Commissioner and the Information Tribunal)—

(a) in the heading omit “and the Information Tribunal”; and

(b) omit Part 2 (the Tribunal).

31

In Schedule 6 (appeal proceedings)—

(a) omit paragraphs 1 to 6; and

(b) in paragraph 7—

(i) for the heading substitute “Tribunal Procedure Rules”;

(ii) for sub-paragraphs (1) and (2) substitute—

(1) Tribunal Procedure Rules may make provision for regulating the exercise of the rights of appeal conferred— (a) by sections 28(4) and (6) and 48 of this Act, and (b) by sections 47(1) and (2) and 60(1) and (4) of the Freedom of Information Act 2000. (2) In the case of appeals under this Act and the Freedom of Information Act 2000, Tribunal Procedure Rules may make provision— (a) for securing the production of material used for the processing of personal data; (b) for the inspection, examination, operation and testing of any equipment or material used in connection with the processing of personal data; (c) for hearing an appeal in the absence of the appellant or for determining an appeal without a hearing.

; and

(iii) omit sub-paragraph (3).

Immigration and Asylum Act 1999

32

The Immigration and Asylum Act 1999[^f00027] is amended as follows.

33

In section 82(1) (interpretation of Part 5) omit the definition of “the Tribunal” and the preceding “and”.

34

For the italic cross-heading preceding section 87 (the Immigration Services Tribunal) substitute “Appeals to the First-tier Tribunal”.

35

In section 87 (the Tribunal)—

(a) for the heading substitute “Appeals to the First-tier Tribunal”;

(b) omit subsections (1) and (5);

(d) after subsection (3) insert—

(3A) A relevant decision of the Commissioner is not to have effect while the period within which an appeal may be brought against the decision is running. (3B) In the case of an appeal under this section, Tribunal Procedure Rules may include provision permitting the First-tier Tribunal to direct that while the appeal is being dealt with— (a) no effect is to be given to the decision appealed against; or (b) only such limited effect is to be given to it as may be specified in the direction. (3C) If provision is made in Tribunal Procedure Rules by virtue of subsection (3B), the rules must also include provision requiring the First-tier Tribunal to consider applications by the Commissioner for the cancellation or variation of directions given by virtue of that subsection.

; and

(e) for subsection (4) substitute—

(4) For a further function of the First-tier Tribunal under this Part, see paragraph 9(1)(e) of Schedule 5 (disciplinary charges laid by the Commissioner).

36

In section 88 (appeal upheld by the Tribunal), in the heading and in subsections (1) and (2) for “Tribunal” substitute “First-tier Tribunal”.

37

In section 89 (disciplinary charge upheld by the Tribunal), in the heading and in subsections (1) to (9) in each place for “Tribunal” substitute “First-tier Tribunal”.

38

In section 91(2)(a) (definition of “restraining order”) for “Tribunal” substitute “First-tier Tribunal”.

39

In section 93(1)(b) (information) for “Tribunal” substitute “First-tier Tribunal”.

40

In Part 1 of Schedule 5 (the Immigration Services Commissioner: regulatory functions), in paragraph 9(1)(e), (2)(a) and (3) for “Tribunal” substitute “First-tier Tribunal”.

41

In Schedule 6 (registration), in paragraphs 3(7)(a) and 6(3)(b) for “Tribunal” substitute “First-tier Tribunal”.

42

Omit Schedule 7 (the Immigration Services Tribunal).

Financial Services and Markets Act 2000

43

The Financial Services and Markets Act 2000[^f00028] is amended as follows.

44

Omit section 132 (the Financial Services and Markets Tribunal).

45

For section 133 (proceedings: general provision) substitute—

(133) (1) This section applies in the case of a reference or appeal to the Tribunal (whether made under this or any other Act) in respect of— (a) a decision of the Authority; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00029] or the Banking Act 2009[^f00030]. (2) In this section— - “relevant decision” means a decision mentioned in subsection (1)(a), (b) or (c); and - “the decision-maker”, in relation to a relevant decision, means the person who made the relevant decision. (3) Tribunal Procedure Rules may make provision for the suspension of a relevant decision which has taken effect, pending determination of the reference or appeal. (4) The Tribunal may consider any evidence relating to the subject-matter of the reference or appeal, whether or not it was available to the decision-maker at the material time. (5) The Tribunal must determine what (if any) is the appropriate action for the decision-maker to take in relation to the matter referred or appealed to it. (6) On determining the reference or appeal, the Tribunal must remit the matter to the decision-maker with such directions (if any) as the Tribunal considers appropriate for giving effect to its determination. (7) The decision-maker must act in accordance with the determination of, and any direction given by, the Tribunal. (8) An order of the Tribunal may be enforced— (a) as if it were an order of a county court; or (b) in Scotland, as if it were an order of the Court of Session. (133A) (1) In determining a reference made (whether under this or any other Act) as a result of a decision notice given by the Authority, the Tribunal may not direct the Authority to take action which the Authority would not, as a result of section 388(2), have had power to take when giving the notice. (2) In determining a reference made as a result of a supervisory notice given by the Authority, the Tribunal may not direct the Authority to take action which would have otherwise required the giving of a decision notice. (3) In subsection (2) “supervisory notice” has the same meaning as in section 395. (4) The Authority must not take the action specified in a decision notice— (a) during the period within which the matter to which the notice relates may be referred to the Tribunal (whether under this or any other Act); and (b) if the matter is so referred, until the reference, and any appeal against the Tribunal’s determination, has been finally disposed of. (5) The Tribunal may, on determining a reference (whether made under this or any other Act) in respect of a decision of the Authority, make recommendations as to the Authority’s regulating provisions or its procedures. (133B) (1) This section applies in the case of proceedings before the Tribunal in respect of— (a) a decision of the Authority; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00031] or the Banking Act 2009[^f00032]. (2) A person is guilty of an offence if that person, without reasonable excuse— (a) refuses or fails— (i) to attend following the issue of a summons by the Tribunal; or (ii) to give evidence; or (b) alters, suppresses, conceals or destroys, or refuses to produce a document which he may be required to produce for the purposes of proceedings before the Tribunal. (3) A person guilty of an offence under subsection (2)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) A person guilty of an offence under subsection (2)(b) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

46

Omit section 137 (appeal on a point of law) and the italic cross-heading immediately before it.

47

In section 390 (final notices)—

(a) in subsection (1) for “period mentioned in section 133(1)” substitute “time required by Tribunal Procedure Rules”; and

(b) in subsection (2) for paragraph (b) substitute—

(b) a court on an appeal against the decision of the Tribunal,

48

In section 417 (definitions) in the appropriate place insert—

“the Tribunal” means the Upper Tribunal;

49

Omit Schedule 13 (the Financial Services and Markets Tribunal).

Local Government Act 2000

50

The Local Government Act 2000[^f00033] is amended as follows.

51

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

52

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

53

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

54

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

55

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

56

For the italic cross-heading before section 75 substitute “The Adjudication Panel for Wales”.

57

In section 75 (Adjudication Panels)—

(a) for the heading substitute “Adjudication Panel for Wales”; and

(b) omit subsections (1), (3), (4), (7), (9) and (11).

58

In section 76 (case tribunals and interim case tribunals)—

(a) in subsection (1)—

(i) for “relevant Adjudication Panel” substitute “Adjudication Panel for Wales”; and

(ii) omit “64(3) or”;

(b) in subsection (2)—

(i) for “relevant Adjudication Panel” substitute “Adjudication Panel for Wales”; and

(ii) omit “65(4) or”;

(d) in subsection (4)—

(i) for “relevant Adjudication Panel” substitute “Adjudication Panel for Wales”; and

(ii) omit “64(3) or”;

(e) in subsection (5)—

(i) for “relevant Adjudication Panel” substitute “Adjudication Panel for Wales”; and

(ii) omit “65(4) or”;

(f) in subsections (6), (7) and (8) for “relevant Adjudication Panel” substitute “Adjudication Panel for Wales”;

(g) in subsection (9)—

(i) for “relevant Adjudication Panel” substitute “Adjudication Panel for Wales”; and

(ii) omit “the Lord Chief Justice or (as the case may require)”;

(h) omit subsection (9A);

(i) in subsection (10) omit “59 or”; and

(j) omit subsections (11), (12) and (15).

59

In section 77 (adjudications)—

(a) omit subsections (2) and (3); and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

In section 78 (decisions of interim case tribunals)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (1) for the words from the beginning to “an interim report” substitute “In adjudicating on any of the matters which are the subject of an interim report, the First-tier Tribunal or an interim case tribunal”;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) in subsection (10) for the words from the beginning to “section” substitute “Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person”.

61

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

62

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

63

In section 80 (recommendations by case tribunals)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (1) for the words from the beginning to “on any matter” substitute “Where the First-tier Tribunal or a case tribunal has adjudicated on any matter under this Act, it”; and

64

In section 83 (interpretation of Part 3) omit the definition of “the relevant Adjudication Panel”.

65

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

Freedom of Information Act 2000

66

The Freedom of Information Act 2000[^f00034] is amended as follows.

67

In the italic cross-heading preceding section 18 (the Information Commissioner and the Information Tribunal) omit “and the Information Tribunal”.

68

In section 18 (the Information Commissioner and the Information Tribunal)—

(a) in the heading omit “and the Information Tribunal”;

(b) omit subsection (2); and

69

Omit section 59 (appeals from decision of tribunal).

70

In section 61 (appeal proceedings) for subsections (1) and (2) substitute—

The provisions of Schedule 6 to the Data Protection Act 1998 have effect (so far as applicable) in relation to appeals under this Part.

71

In section 84 (interpretation) for the definition of “the Tribunal” substitute—

“the Tribunal”, in relation to any appeal under this Act, means—the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; orthe First-tier Tribunal, in any other case;

72

Omit Schedule 4 (appeal proceedings).

Commonhold and Leasehold Reform Act 2002

73

In section 175 of the Commonhold and Leasehold Reform Act 2002[^f00035] (appeals) omit subsections (6) and (7).

Pensions Act 2004

74

The Pensions Act 2004[^f00036] is amended as follows.

75

In section 96 (standard procedure)—

(a) in subsection (3) omit “(see section 102)”;

(b) in subsection (5)(a) omit “(see section 103(1))”; and

(7) In this section “the Tribunal”, in relation to any reference under subsection (3), means— (a) the First-tier Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the First-tier Tribunal is to hear the reference; (b) the Upper Tribunal, in any other case.

76

In section 99 (compulsory review)—

(a) in subsection (7) omit “(see section 102)”;

(b) in subsection (8)(a) omit “(see section 103(1))”; and

(13) In this section “the Tribunal”, in relation to any reference under subsection (7), means— (a) the First-tier Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the First-tier Tribunal is to hear the reference; (b) the Upper Tribunal, in any other case.

77

For the cross-heading preceding section 102 (the Pensions Regulator Tribunal) substitute “References to a tribunal”.

78

Omit section 102 (the Pensions Regulator Tribunal).

79

After section 102 insert—

(102A) (1) This section applies in respect of proceedings before a tribunal in relation to a decision of the Regulator. (2) A person is guilty of an offence if that person, without reasonable excuse, refuses or fails— (a) to attend following the issue of a summons by the tribunal; or (b) to give evidence. (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) A person is guilty of an offence if that person, without reasonable excuse— (a) alters, suppresses, conceals or destroys a document which that person is or is liable to be required to produce for the purposes of proceedings before the tribunal; or (b) refuses to produce a document when so required. (5) A person guilty of an offence under subsection (4) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. (6) In this section “document” includes information recorded in any form and, in relation to information recorded otherwise than in a legible form, references to its production include references to producing a copy of the information in a legible form, or in a form from which it can readily be produced in a legible form.

80

In section 103 (references to the Tribunal)—

(a) in the heading for “to the Tribunal” substitute “in relation to decisions of Regulator”;

(b) omit subsections (1) to (2);

(2A) This section applies to references to a tribunal in relation to a decision of the Regulator.

(d) in subsection (3) for “the Tribunal” substitute “the tribunal concerned”;

(e) in subsections (4) and (5)—

(i) for “the Tribunal” (in the first place) substitute “the tribunal concerned”; and

(ii) for “the Tribunal” (in the second place) substitute “it”; and

(f) in subsections (6)(d) and (7) to (9) for “Tribunal” substitute “tribunal concerned”.

81

Omit section 104 (appeal on a point of law).

82

Omit section 105 (redetermination etc by the Tribunal).

83

In section 106(1) (legal assistance scheme) for “the Tribunal” substitute “a tribunal in relation to a decision of the Regulator”.

84

In section 310(4) (admissibility of statements) after paragraph (n) insert—

(o) Tribunal Procedure Rules so far as applying to decisions of the Regulator;

85

In section 318(1) (general interpretation) omit the definition of “the Tribunal”.

86

In paragraph 44(b)(ii) of Schedule 2 (the reserved regulatory functions — functions under this Act) for “the Tribunal” substitute “a tribunal”.

87

In Schedule 3 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions) after the entry for the Pensions Regulator Tribunal insert—

The First-tier Tribunal	Functions relating to decisions of the Regulator
The Upper Tribunal	Functions relating to decisions of the Regulator

88

Omit Schedule 4 (the Pensions Regulator Tribunal).

89

In Schedule 8 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions) after the entry for the Pensions Regulator Tribunal insert—

The First-tier Tribunal	Functions relating to decisions of the Regulator
The Upper Tribunal	Functions relating to decisions of the Regulator

Constitutional Reform Act 2005

90

The Constitutional Reform Act 2005[^f00037] is amended as follows.

91

In paragraph 4 of Schedule 7 (protected functions of the Lord Chancellor) omit the entry relating to the National Health Service Act 2006.

92

In Part 3 of Schedule 14 (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies) omit the entries relating to—

(a) the President of the Family Health Services Appeal Authority;

(b) the Deputy President of the Family Health Services Appeal Authority;

(d) the chairman of the Information Tribunal;

(e) a deputy chairman of the Information Tribunal;

(f) a member of the Immigration Services Tribunal;

(g) the President of the Immigration Services Tribunal;

(h) the President of the Financial Services and Markets Tribunal;

(i) the Deputy President of the Financial Services and Markets Tribunal;

(j) any member of panel of chairmen of the Financial Services and Markets Tribunal;

(k) any member of lay panel of the Financial Services and Markets Tribunal;

(l) a member of the Adjudication Panel for England;

(m) the President of the Adjudication Panel for England;

(n) the Deputy President of the Adjudication Panel for England;

(o) the President of the Gambling Appeals Tribunal; and

(p) a member of the Gambling Appeals Tribunal.

Gambling Act 2005

93

The Gambling Act 2005[^f00038] is amended as follows.

94

For section 140 (the Gambling Appeals Tribunal) substitute—

(140) In this Part “the Tribunal” means the First-tier Tribunal.

95

Omit section 142 (timing).

96

Omit section 143 (appeal from tribunal).

97

In section 144(2) (powers of tribunal) for “section 142(2)” substitute “Tribunal Procedure Rules”.

98

In section 145(1)(a) (stay pending appeal) for “section 142(2)” substitute “Tribunal Procedure Rules”.

99

In section 146 (rules)—

(a) for the heading substitute “Tribunal Procedure Rules”;

(b) for subsection (1) substitute—

(1) Tribunal Procedure Rules may make provision— (a) regulating the exercise of a right of appeal under this Act to the Tribunal; (b) for the suspension by the Tribunal of decisions of the Commission (whether or not they have already taken effect).

(d) in subsection (3) for “Rules under this section may, in particular,” substitute “In the case of proceedings before the Tribunal under this Act, Tribunal Procedure Rules may”.

100

Omit section 147 (fees).

101

In section 148 (legal assistance) omit subsection (2)(c) and (d).

102

Omit section 149 (enforcement of costs orders).

103

In section 337(1) (section 336: supplementary)—

(a) for “Gambling Appeals Tribunal” substitute “First-tier Tribunal”; and

(b) omit paragraphs (a), (b), (f) and (g).

104

In Part 1 of Schedule 6 (persons and bodies with functions under this Act) for “The Gambling Appeals Tribunal” substitute “The First-tier Tribunal”.

105

Omit Schedule 8 (Gambling Appeals Tribunal).

Compensation Act 2006

106

The Compensation Act 2006[^f00039] is amended as follows.

107

Omit section 12 (the Claims Management Services Tribunal).

108

In section 13 (appeals and references to tribunal)—

(a) in subsection (1) for “Claims Management Services Tribunal” substitute “First-tier Tribunal (“the Tribunal”)”;

(b) after subsection (3) insert—

(3A) In the case of appeals under subsection (1), Tribunal Procedure Rules— (a) shall include provision for the suspension of decisions of the Regulator while an appeal could be brought or is pending; (b) shall include provision about the making of interim orders; (c) shall enable the Tribunal to suspend or further suspend (wholly or partly) the effect of a decision of the Regulator; (d) shall permit the Regulator to apply for the termination of the suspension of a decision made by the Regulator.

; and

National Health Service Act 2006

109

The National Health Service Act 2006[^f00040] is amended as follows.

110

In section 119(1) and (2)(a) (exclusion of contractors) for “FHSAA” substitute “First-tier Tribunal”.

111

In section 130(2) (regulations under section 129: appeals, etc) for “FHSAA” substitute “First-tier Tribunal”.

112

In section 132(5) (persons authorised to provide pharmaceutical services) for “FHSAA” substitute “First-tier Tribunal”.

113

In section 148(4) and (5) (conditional inclusion in pharmaceutical lists) for “FHSAA” substitute “First-tier Tribunal”.

114

In section 149(8) and (9) (supplementary lists) for “FHSAA” substitute “First-tier Tribunal”.

115

In section 154(6)(b) and (c), (7) and (8) (suspension) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

116

In section 155(4) and (6) (suspension pending appeal) for “FHSAA” substitute “First-tier Tribunal”.

117

In section 157(1) (review of decisions) for “FHSAA” substitute “First-tier Tribunal”.

118

In section 158 (appeals)—

(a) in subsection (1)—

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

(ii) omit the words from “by giving notice” to the end; and

(b) in subsections (4), (5), (6)(b) and (7) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

119

In section 159 (national disqualification)—

(a) in subsections (1) to (4), (6) and (7) for “FHSAA”, in each place, substitute “First-tier Tribunal”; and

(b) in subsection (8)(b) for “FHSAA’s” substitute “First-tier Tribunal’s”.

120

For the heading for Part 8 (FAMILY HEALTH SERVICES APPEAL AUTHORITY) substitute “APPEALS TO FIRST-TIER TRIBUNAL”.

121

In section 169 (FHSAA)—

(a) for the heading substitute “Appeals to the First-tier Tribunal”;

(b) omit subsections (1) and (2);

(d) omit subsections (4) and (5).

122

Omit section 170 (FHSAA: financial provisions).

123

Omit section 171 (conditions of use of services of persons under section 169).

124

In section 181(6) and (8) (section 180: supplementary) for “FHSAA” substitute “First-tier Tribunal”.

125

In section 271(3) (territorial extent) for paragraph (c) substitute—

(c) section 169(3) (power of the Secretary of State to direct that the First-tier Tribunal exercise functions in relation to appeals),

126

In section 273(4) (further provision about orders and directions under this Act)—

(a) in paragraph (b)(ii) after “section” insert “169(3) or”; and

(b) in paragraph (c)(ii) for “,120 or 169(3)” substitute “or 120”.

127

In section 275(1) (interpretation) omit the definition of “the FHSAA”.

128

Omit Schedule 13 (the FHSAA).

National Health Service (Wales) Act 2006

129

The National Health Service (Wales) Act 2006[^f00041] is amended as follows.

130

In section 72(4) (regulations as to general ophthalmic services) for “FHSAA” substitute “First-tier Tribunal”.

131

In section 84(2) (regulations under section 83: appeals, etc) for “FHSAA” substitute “First-tier Tribunal”.

132

In section 86(5) (persons authorised to provide pharmaceutical services) for “FHSAA” substitute “First-tier Tribunal”.

133

In section 104(4) and (5) (conditional inclusion in ophthalmic and pharmaceutical lists) for “FHSAA” substitute “First-tier Tribunal”.

134

In section 105(8) and (9) (supplementary lists) for “FHSAA” substitute “First-tier Tribunal”.

135

In section 110(6)(b) and (c), (7) and (8) (suspension) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

136

In section 111(4) and (6) (suspension pending appeal) for “FHSAA” substitute “First-tier Tribunal”.

137

In section 113(1) (review of decisions) for “FHSAA” substitute “First-tier Tribunal”.

138

In section 114 (appeals)—

(a) in subsection (1)—

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

(ii) omit the words from “by giving notice” to the end; and

(b) in subsections (4), (5), (6)(b) and (7) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

139

In section 115 (national disqualification)—

(a) in subsections (1) to (4), (6) and (7) for “FHSAA”, in each place, substitute “First-tier Tribunal”; and

(b) in subsection (8)(b) for “FHSAA’s” substitute “First-tier Tribunal’s”.

140

In section 206(1) (interpretation) omit the definition of “the FHSAA”.

Companies Act 2006

141

The Companies Act 2006[^f00042] is amended as follows.

142

In Part A of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948 – United Kingdom)—

(a) for paragraph 49 substitute—

(49) A disclosure with a view to the institution of, or otherwise for the purposes of, proceedings before the Upper Tribunal in respect of— (a) a decision of the Financial Services Authority; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00043] or the Banking Act 2009[^f00044].

; and

(b) in paragraph 50 for “the Pensions Regulator Tribunal” substitute “a tribunal in relation to a decision of the Pensions Regulator”.

143

In Schedule 11A (specified persons, descriptions, disclosures, etc. for the purposes of section 1224A)—

(a) for paragraph 71 substitute—

(71) A disclosure with a view to the institution of, or otherwise for the purposes of, proceedings before the Upper Tribunal in respect of— (a) a decision of the Financial Services Authority; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00045] or the Banking Act 2009[^f00046].

; and

(b) in paragraph 73 for “the Pensions Regulator Tribunal” substitute “a tribunal in relation to a decision of the Pensions Regulator”.

Banking (Special Provisions) Act 2008

144

In section 9(1) of the Banking (Special Provisions) Act 2008[^f00047] (supplementary provision about compensation schemes etc.)—

(a) in paragraphs (e) and (f) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”; and

(b) in paragraph (g) for “relevant tribunal” insert “tribunal appointed by the Treasury for the purposes of the order”.

Counter-Terrorism Act 2008

145

In paragraph 28 of Schedule 7 to the Counter-Terrorism Act 2008[^f00048] (terrorist financing and money laundering) omit sub-paragraphs (6) to (8).

Pensions Act 2008

146

The Pensions Act 2008[^f00049] is amended as follows.

147

In section 40(5)(g) (fixed penalty notices) for “the Pensions Regulator Tribunal” substitute “a tribunal”.

148

In section 41(2)(b) and (6)(f) (escalating penalty notices) for “the Pensions Regulator Tribunal” substitute “a tribunal”.

149

In section 44 (references to the Pensions Regulator Tribunal)—

(a) in the heading for “the Pensions Regulator Tribunal” substitute “First-tier Tribunal or Upper Tribunal”;

(b) in subsections (1) and (3) for “the Pensions Regulator Tribunal” substitute “the Tribunal”; and

(4A) In this section “the Tribunal”, in relation to a reference under this section, means— (a) the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the reference; (b) the First-tier Tribunal, in any other case.

150

In section 53 (review of notices and references to Pensions Regulator Tribunal) in the heading and in subsection (2) for “Pensions Regulator Tribunal” substitute “First-tier Tribunal or Upper Tribunal”.

Banking Act 2009

151

In section 202 of the Banking Act 2009[^f00050] (appeal)—

(a) in subsections (1) and (2) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”; and

(b) for subsection (3) substitute—

(3) The Bank of England may not impose a sanction while an appeal under this section could be brought or is pending.

SCHEDULE 3 — Consequential amendments to secondary legislation

National Health Service (General Ophthalmic Services) Regulations 1986

1

The National Health Service (General Ophthalmic Services) Regulations 1986[^f00051] are amended as follows.

2

In regulation 2(1) (interpretation), in the definition of “a national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

3

In regulation 7B(1)(f), (g), (j) and (k) (deferment of decision) for “FHSAA” substitute “First-tier Tribunal”.

4

In regulation 7C and the heading (appeal to the FHSAA) for “FHSAA” substitute “First-tier Tribunal”.

5

In regulation 7D(8) to (10), (12) and (19) (conditional inclusion) for “FHSAA” substitute “First-tier Tribunal”.

6

In regulation 9D as it applies to England (notifications by Primary Care Trust), in paragraphs (6) and (8) for “FHSAA” substitute “First-tier Tribunal”.

7

In regulation 9D as it applies to Wales (notifications by Health Authorities), in paragraphs (7) and (9) for “FHSAA” substitute “First-tier Tribunal”.

8

In regulation 9E(2) (procedure on removal) for “FHSAA” substitute “First-tier Tribunal”.

9

In regulation 9H(1) (national disqualification) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

National Health Service (Optical Charges and Payments) Regulations 1997

10

The National Health Service (Optical Charges and Payments) Regulations 1997[^f00052] are amended as follows.

11

In regulation 19A (notice as to cessation of payments)—

(a) in paragraphs (4), (7)(a) and (b), (8), (9) and (12) for “FHSAA” substitute “First-tier Tribunal”; and

(b) omit paragraph (13)(a).

12

In regulation 19B(5) (reviews) for the words from “FHSAA” to the end substitute “First-tier Tribunal.”.

13

In regulation 19C (reviews of stop orders)—

(a) in paragraphs (1), (3) and (4) for “FHSAA”, in each place, substitute “First-tier Tribunal”; and

(b) in paragraph (2)(b) for “FHSAA’s” substitute “First-tier Tribunal’s”.

National Institute for Clinical Excellence Regulations 1999

14

In regulation 1(2) of the National Institute for Clinical Excellence Regulations 1999[^f00053] (interpretation), in the definition of “national NHS disqualification”, in sub-paragraphs (a) and (b) for “FHSAA” substitute “First-tier Tribunal”.

Primary Care Trusts (Membership, Procedure and Administrative Arrangements) Regulations 2000

15

In regulation 5(1)(da)(i) of the Primary Care Trusts (Membership, Procedure and Administrative Arrangements) Regulations 2000[^f00054] (disqualification for appointment: chairman and non-officer members) for the words from “Family Health Services Appeal Authority” to the end, substitute “First-tier Tribunal,”.

Open-Ended Investment Companies Regulations 2001

16

The Open-Ended Investment Companies Regulations 2001[^f00055] are amended as follows.

17

In regulation 2(1) (interpretation) omit the definition of “the Tribunal”.

18

Omit regulation 11 (the Tribunal).

19

In regulation 16(2)(b) (representations against refusal of authorisation) for “Tribunal” substitute “Upper Tribunal”.

20

In regulation 22(4)(b) (procedure when refusing approval of proposed changes) for “Tribunal” substitute “Upper Tribunal”.

21

In regulation 24(2) (procedure) for “Tribunal” substitute “Upper Tribunal”.

22

In regulation 27(4)(d) and (e), (10) and (12) (procedure on giving directions under regulation 25 and varying them on Authority’s own initiative) for “Tribunal” substitute “Upper Tribunal”.

23

In regulation 28(2)(b) (procedure: refusal to revoke or vary direction) for “Tribunal” substitute “Upper Tribunal”.

Criminal Defence Service (General) (No.2) Regulations 2001

24

The Criminal Defence Service (General) (No.2) Regulations 2001[^f00056] are amended as follows.

25

In regulation 2 (interpretation) omit the definition of “the Financial Services and Markets Tribunal”.

26

For regulation 3(2)(h) (criminal proceedings) substitute—

(h) proceedings under section 13 of the Tribunals, Courts and Enquiries Act 2007 (c. 15) on appeal against a decision of the Upper Tribunal in proceedings in respect of— (i) a decision of the Financial Services Authority; (ii) a decision of the Bank of England; or (iii) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00057] or the Banking Act 2009[^f00058];

27

For regulation 13(1)(c) (representation in the Crown Court, Court of Appeal and House of Lords) substitute—

(c) the representatives of the assisted person before the Court of Appeal in an appeal against a decision of the Upper Tribunal in proceedings in respect of— (i) a decision of the Financial Services Authority; (ii) a decision of the Bank of England; or (iii) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008[^f00059] or the Banking Act 2009[^f00060].

Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001

28

The Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001[^f00061] are amended as follows.

29

In regulation 2 (interpretation) for the definition of “the Tribunal” substitute—

“the Tribunal” means the Upper Tribunal.

30

For the heading of Part 5 (constitution) substitute “Delegation of Tribunal functions”.

31

In regulation 43 omit “a member of the panel of chairmen of the Tribunal acting alone or by”.

Financial Services and Markets Tribunal (Legal Assistance Scheme – Costs) Regulations 2001

32

The Financial Services and Markets Tribunal (Legal Assistance Scheme – Costs) Regulations 2001[^f00062] are amended as follows.

33

In regulation 2 (interpretation) for the definition of “the Tribunal” substitute—

“the Tribunal” means the Upper Tribunal.

Electronic Commerce Directive (Financial Services and Markets) Regulations 2002

34

The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002[^f00063] are amended as follows.

35

In regulation 2(1) (interpretation) omit the definition of “Tribunal”.

36

In regulation 6(2)(c) (direction by Authority) for “Tribunal” substitute “Upper Tribunal”.

37

In regulation 10(7) (directions made under regulation 6) for “Tribunal” substitute “Upper Tribunal”.

38

In regulation 11 (referral to the Tribunal), and in the heading of that regulation, for “Tribunal” substitute “Upper Tribunal”.

Patients’ Forums (Membership and Procedure) Regulations 2003

39

In regulation 4(1)(c)(i) of the Patients’ Forums (Membership and Procedure) Regulations 2003[^f00064] (disqualification for appointment) for the words from “Family Health Services Appeal Authority” to the end, substitute “First-tier Tribunal,”.

Privacy and Electronic Communications (EC Directive) Regulations 2003

40

For regulation 28(8)(a) of the Privacy and Electronic Communications (EC Directive) Regulations 2003[^f00065] (national security) substitute—

(a) “the Tribunal”, in relation to any appeal under this regulation, means— (i) the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or (ii) the First-tier Tribunal, in any other case;

NHS Professionals Special Health Authority Regulations 2003

41

In regulation 3(1)(e)(i) of the NHS Professionals Special Health Authority Regulations 2003[^f00066] (disqualification for appointment) for the words from “Family Health Services Appeal Authority” to the end, substitute “First-tier Tribunal,”.

National Health Service (General Medical Services Contracts) Regulations 2004

42

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

43

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

44

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

National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

45

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004[^f00068] are amended as follows.

46

In regulation 2(1) (interpretation), in the definition of “national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

47

In regulation 7 (appeal)—

(a) for “FHSAA” substitute “First-tier Tribunal”; and

(b) omit the words from “by giving notice” to the end.

National Health Service (Performers Lists) Regulations 2004

48

The National Health Service (Performers Lists) Regulations 2004[^f00069] are amended as follows.

49

In regulation 2(1) (interpretation), in the definition of “a national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

50

In regulation 7(1)(f), (g) and (j) (deferment of decision on application) for “FHSAA” substitute “First-tier Tribunal”.

51

In regulation 8(9) (conditional inclusion) for “FHSAA” substitute “First-tier Tribunal”.

52

In regulation 10(2) and (14)(b) (removal from performers list) for “FHSAA” substitute “First-tier Tribunal”.

53

In regulation 13(4)(a) and (b), (5), (6) and (7)(b) (suspension) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

54

In regulation 14(1)(c) (reviews) for “FHSAA” substitute “First-tier Tribunal”.

55

In regulation 15 (appeals)—

(a) in paragraph (1)—

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

(ii) omit “by giving notice to the FHSAA”; and

(b) in paragraphs (2)(g), (3), (4) and (6) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

56

In regulation 16(7) (notification) for “FHSAA” substitute “First-tier Tribunal”.

57

In regulation 18A (national disqualification)—

(a) in paragraphs (1) to (3) and (5) to (7) for “FHSAA”, in each place, substitute “First-tier Tribunal”; and

(b) in paragraph (8)(b) for “FHSAA’s” substitute “First-tier Tribunal’s”.

58

In regulation 19 (review periods on national disqualification) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

National Health Service (Personal Medical Services Agreements) Regulations 2004

59

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

60

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

61

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

62

In regulation 19(9) (right to a general medical services contract) for “FHSAA” substitute “First-tier Tribunal”.

National Health Service (Performers Lists) (Wales) Regulations 2004

63

The National Health Service (Performers Lists) (Wales) Regulations 2004[^f00071] are amended as follows.

64

In regulation 2(1) (interpretation), in the definition of “a national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

65

In regulation 7(1)(f), (g) and (j) (deferment of decision on application) for “FHSAA” substitute “First-tier Tribunal”.

66

In regulation 8(9) (conditional inclusion) for “FHSAA” substitute “First-tier Tribunal”.

67

In regulation 10(2) and (14)(b) (removal from performers list) for “FHSAA” substitute “First-tier Tribunal”.

68

In regulation 13(4)(a) and (b), (5), (6) and (7)(b) (suspension) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

69

In regulation 14(1)(c) (reviews) for “FHSAA” substitute “First-tier Tribunal”.

70

In regulation 15 (appeals)—

(a) in paragraph (1)—

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

(ii) omit “by giving notice to the FHSAA”; and

(b) in paragraphs (2)(g), (3), (4) and (6) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

71

In regulation 16(7) (notification) for “FHSAA” substitute “First-tier Tribunal”.

72

In regulation 18A (national disqualification)—

(a) in paragraphs (1) to (3) and (5) to (7) (8)(b) for “FHSAA”, in each place, substitute “First-tier Tribunal”; and

(b) in paragraph (8)(b) for “FHSAA’s” substitute “First-tier Tribunal’s”.

73

In regulation 19 (review periods on national disqualification) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

Postgraduate Medical Education and Training Board (Members-Removal from Office) Rules Order 2004

74

In rule 2 of the Rules set out in the Schedule to the Postgraduate Medical Education and Training Board (Members-Removal from Office) Rules Order 2004[^f00072] (interpretation)—

(a) omit the definition of “FHSAA”; and

(b) in sub-paragraph (a) of the definition of “National Disqualification” for “FHSAA” substitute “First-tier Tribunal”.

Health Protection Agency Regulations 2005

75

In regulation 3(1)(e)(i) of the Health Protection Agency Regulations 2005[^f00073] (disqualification for appointment) for the words from “Family Health Services Appeal Authority” to the end, substitute “First-tier Tribunal,”.

76

In regulation 1(3) of the Health and Social Care Information Centre Regulations 2005[^f00074] (interpretation), in the definition of “national NHS disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

National Health Service Pharmaceutical Services Regulations 2005

77

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

78

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

79

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

80

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

81

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

82

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

83

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

84

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

85

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

86

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

87

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

88

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

89

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

Pensions Regulator Tribunal (Legal Assistance Scheme) Regulations 2005

90

The Pensions Regulator Tribunal (Legal Assistance Scheme) Regulations 2005[^f00076] are amended as follows.

91

In regulation 2 (interpretation) for the definition of “the Tribunal” substitute—

“the Tribunal”, in relation to any reference, means the tribunal to which the reference is made, and includes any person acting on behalf of the Tribunal in accordance with regulation 42.

92

For the heading of Part 5 (constitution) substitute “Delegation of Tribunal functions”.

93

In regulation 42 (acts of the Tribunal) omit “a member of the panel of chairmen of the Tribunal acting alone or by”.

Pensions Regulator Tribunal (Legal Assistance Scheme - Costs) Regulations 2005

94

In regulation 2 of the Pensions Regulator Tribunal (Legal Assistance Scheme – Costs) Regulations 2005[^f00077] (interpretation) for the definition of “the Tribunal” substitute—

“the Tribunal”, in relation to any reference, means the tribunal to which the reference is made, and includes any person authorised by it to act on its behalf.

NHS Institute for Innovation and Improvement Regulations 2005

95

In regulation 1(3) of the NHS Institute for Innovation and Improvement Regulations 2005[^f00078] (interpretation), in the definition of “national NHS disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005

96

In regulation 1(2) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005[^f00079] (interpretation), in the definition of “national NHS disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005

97

In regulation 1(2) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005[^f00080] (interpretation), in the definition of “national NHS disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

National Health Service (General Dental Services Contracts) Regulations 2005

98

The National Health Service (General Dental Services Contracts) Regulations 2005[^f00081] are amended as follows.

99

In regulation 2(1) (interpretation), in the definition of “national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

100

In regulation 7 (appeal)—

(a) for “FHSAA” substitute “First-tier Tribunal”; and

(b) omit the words from “by giving notice” to the end.

National Health Service (Personal Dental Services Agreements) Regulations 2005

101

The National Health Service (Personal Dental Services Agreements) Regulations 2005[^f00082] are amended as follows.

102

In regulation 2(1) (interpretation), in the definition of “national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

103

In regulation 7 (appeal)—

(a) for “FHSAA” substitute “First-tier Tribunal”; and

(b) omit the words from “by giving notice” to the end.

104

In regulation 21(8) (right to a general dental services contract) for “FHSAA” substitute “First-tier Tribunal”.

National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services) (Amendment and Consequential Amendment) (Wales) Regulations 2006

105

The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services) (Amendment and Consequential Amendment) (Wales) Regulations 2006[^f00083] are amended as follows.

106

In regulation 2(1) (interpretation), in the definition of “a national disqualification” (“anghymhwysiad cenedlaethol”), in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

107

In regulation 7(1)(f), (g) and (j) (deferment of decision on application) for “FHSAA” substitute “First-tier Tribunal”.

108

In regulation 8(9) (conditional inclusion) for “FHSAA” substitute “First-tier Tribunal”.

109

In regulation 10(3) and (15)(b) (removal from supplementary list) for “FHSAA” substitute “First-tier Tribunal”.

110

In regulation 12(3)(b) (contingent removal) for “FHSAA” substitute “First-tier Tribunal”.

111

In regulation 13(4)(a) and (b), (5), (6) and (7)(b) (suspension) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

112

In regulation 14(1)(c) (reviews) for “FHSAA” substitute “First-tier Tribunal”.

113

In regulation 15 (appeals)—

(a) in paragraph (1)—

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

(ii) omit “by giving notice to the FHSAA”; and

(b) in paragraphs (3), (4) and (6) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

114

In regulation 16(7) (notification) for “FHSAA” substitute “First-tier Tribunal”.

115

In regulation 19 (review periods for national disqualification) for “FHSAA”, in each place, substitute “First-tier Tribunal”.

Rheoliadau’r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Offthalmig Cyffredinol) a (Gwasanaethau Offthalmig Cyffredinol) (Diwygio a Diwygiad Canlyniadol) (Cymru) 2006

116

Diwygir Rheoliadau’r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Offthalmig Cyffredinol) a (Gwasanaethau Offthalmig Cyffredinol) (Diwygio a Diwygiad Canlyniadol) (Cymru) 2006[^f00084] fel a ganlyn.

117

Yn rheoliad 2(1) (dehongliad), yn y diffiniad o “anghymhwysiad cenedlaethol” (“a national disqualification”), yn is-baragraff (a) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

118

Yn rheoliad 7(1)(dd), (e) ac (g) (gohirio penderfyniad ynglŷn â chais) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

119

Yn rheoliad 8(9) (cynnwys yn amodol) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

120

Yn rheoliad 10(3) a (15)(b) (tynnu oddi ar y rhestr atodol) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

121

Yn rheoliad 12(3)(b) (tynnu’n amodol oddi ar y rhestr) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

122

Yn rheoliad 13 (atal dros dro)—

(a) ym mharagraff (4)(a) a (b), (5) a (6) yn lle’r ymadrodd “yr FHSAA”, bob tro y’i ceir, rhodder “y Tribiwnlys Haen Gyntaf”;

(b) ym mharagraff (4)(b) yn lle “i’r FHSAA” rhodder “i’r Tribiwnlys Haen Gyntaf”; ac

123

Yn rheoliad 14(1)(c) (adolygiadau) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

124

Yn rheoliad 15 (apeliadau)—

(a) ym mharagraff (1)—

(i) yn lle “i’r FHSAA” rhodder “i’r Tribiwnlys Haen Gyntaf”; a

(ii) hepgorer “trwy hysbysu’r FHSAA”;

(b) ym mharagraff (3) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”;

(ch) ym mharagraff (6) yn lle “fo’r FHSAA” rhodder “fo’r Tribiwnlys Haen Gyntaf” ac yn lle “i’r FHSAA” rhodder “i’r Tribiwnlys Haen Gyntaf”.

125

Yn rheoliad 16(7) (hysbysiad) yn lle “yr FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”.

126

Yn rheoliad 19 (cyfnodau adolygu ar gyfer anghymhwysiad cenedlaethol)—

(a) yn lle’r ymadrodd “yr FHSAA”, bob tro y’i ceir, rhodder “y Tribiwnlys Haen Gyntaf”;

(b) ym mharagraff (c) yn lle “y FHSAA” rhodder “y Tribiwnlys Haen Gyntaf”; ac

National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006

127

The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006[^f00085] are amended as follows.

128

In regulation 2(1) (interpretation), in the definition of “national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

129

In regulation 7 (appeal)—

(a) for “FHSAA” substitute “First-tier Tribunal”; and

(b) omit the words from “by giving notice” to the end.

130

In regulation 21(8) (right to a general dental services contract) for “FHSAA” substitute “First-tier Tribunal”.

National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

131

The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006[^f00086] are amended as follows.

132

In regulation 2(1) (interpretation), in the definition of “national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

133

In regulation 7 (appeal)—

(a) for “FHSAA” substitute “First-tier Tribunal”; and

(b) omit the words from “by giving notice” to the end.

National Health Service (Local Pharmaceutical Services, etc) Regulations 2006

134

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

135

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

136

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

Appointments Commission Regulations 2006

137

In regulation 1(2) of the Appointments Commission Regulations 2006[^f00088] (interpretation), in the definition of “national NHS disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

Gambling Act 2005 (Definition of Small-scale Operator) Regulations 2006

138

In regulation 2(4) of the Gambling Act 2005 (Definition of Small-scale Operator) Regulations 2006[^f00089] (definition of small-scale operator)—

(a) in sub-paragraphs (a) and (c) for “Gambling Appeals Tribunal” substitute “First-tier Tribunal”; and

(b) in sub-paragraph (c) and (d) for “under section 143 of the Act” substitute “to the Upper Tribunal”.

Compensation (Claims Management Services) Regulations 2006

139

In regulation 31 of the Compensation (Claims Management Services) Regulations 2006[^f00090] (definitions) in the definition of “the Tribunal” for “Claims Management Services Tribunal established by section 12 of the Act” substitute “First-tier Tribunal”.

Money Laundering Regulations 2007

140

The Money Laundering Regulations 2007[^f00091] are amended as follows.

141

In regulation 44(2)(b) and (4) (appeals) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”.

142

In Schedule 5 (modifications in relation to appeals)—

(a) in paragraph 2—

(i) in sub-paragraph (a) for “section 133 and Schedule 13” substitute “sections 133 to 133B”;

(ii) omit sub-paragraph (b);

(iii) for sub-paragraph (c) substitute—

(c) in section 133A omit subsections (1), (2), (3) and (5);

; and

(iv) in sub-paragraph (d) for “section 133(9)” substitute “section 133A(4)”; and

(b) omit Part 2 (secondary legislation).

Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

143

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

Transfer of Funds (Information on the Payer) Regulations 2007

144

The Transfer of Funds (Information on the Payer) Regulations 2007[^f00093] are amended as follows.

145

In regulation 13(2) and (3) (appeals) for “Financial Services and Markets Tribunal” substitute “Upper Tribunal”.

146

In paragraph 1 of Schedule 2 (modifications in relation to appeals)—

(a) for “Section 133” substitute “Section 133A”;

(b) omit sub-paragraph (a);

(d) in sub-paragraph (c)—

(i) for “(9)” substitute “(4)”;

(ii) in paragraph (i) omit “where it first occurs”; and

(iii) omit paragraph (ii).

Environmental Permitting (England and Wales) Regulations 2007

147

In regulation 72(11)(c) of the Environmental Permitting (England and Wales) Regulations 2007[^f00094] for “the Tribunal Procedure (Upper Tribunal) (Land Chamber) Rules 2009” substitute “Tribunal Procedure Rules”.

Regulated Covered Bonds Regulations 2008

148

The Regulated Covered Bonds Regulations 2008[^f00095] are amended as follows.

149

In regulation 1(2) (interpretation) omit the definition of “the Tribunal”.

150

In regulation 13(6) (decision on the application) for “Tribunal” substitute “Upper Tribunal”.

151

In regulation 20(7) (material changes to the regulated covered bond) for “Tribunal” substitute “Upper Tribunal”.

152

In regulation 25(7) (change of owner) for “Tribunal” substitute “Upper Tribunal”.

153

In regulation 32(4) (directions and revocation: procedure) for “Tribunal” substitute “Upper Tribunal”.

154

In regulation 35(5) for “Tribunal” substitute “Upper Tribunal”.

155

In the heading of Part 8 (the Tribunal) for “Tribunal” substitute “Upper Tribunal”.

156

In regulation 39 and the heading of that regulation (functions of the Tribunal) for “Tribunal” substitute “Upper Tribunal”.

157

Omit regulation 40 (hearings and appeals).

Northern Rock plc Compensation Scheme Order 2008

158

In the Schedule to the Northern Rock plc Compensation Scheme Order 2008[^f00096] (the Northern Rock plc compensation scheme)—

(a) in paragraph 2 (interpretation) omit the definition of “the Tribunal”;

(b) in paragraph 13 and the heading (right to refer to the Tribunal) for “Tribunal” substitute “Upper Tribunal”;

(d) in the heading of Part 5 (references to the Tribunal) for “Tribunal” substitute “Upper Tribunal”;

(e) for paragraph 15 (application of the Financial Services and Markets Act 2000) substitute—

(15) The provisions of Part 9 (hearing and appeals) of FSMA 2000 shall apply in respect of any reference made under paragraph 13, subject to the modifications set out in this Part.

(f) for paragraph 16 substitute—

(16) Part 9 of FSMA 2000 is modified as follows.

(g) omit paragraph 17;

(h) in paragraph 18—

(i) omit sub-paragraph (i);

(ii) in sub-paragraph (ii) for “(4)” in both places substitute “(5)”; and

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

(iii) omit subsection (6).

(i) in paragraph 19 after “sections” insert “133A and”; and

(j) omit paragraphs 20 to 28 and the preceding heading (modification of Financial Services and Markets Tribunal Rules 2001).

Standards Committee (England) Regulations 2008

159

The Standards Committee (England) Regulations 2008[^f00097] are amended as follows.

160

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

161

In regulation 9 (interpretation of Part 3) omit the definition of “appeals tribunal”.

162

In regulation 12(2) (application of section 63 of the Local Government Act 2000 with modifications) in the new paragraph (aa)(ii) for “a tribunal drawn from members of the Adjudication Panel” substitute “the First-tier Tribunal”.

163

In regulation 17 (consideration of reports by standards committee)—

(a) in paragraph (1)(c) for “Adjudication Panel” substitute “First-tier Tribunal”;

(b) in paragraph (2)(b) for “president or deputy president of the Adjudication Panel” substitute “First-tier Tribunal”;

(6) The First-tier Tribunal has the same power to take action in relation to a reference under sub-paragraph (1)(c) as it does in relation to a reference made under section 64(3)(b) of the Act.

; and

(d) omit paragraph (7).

164

In regulation 21 (notices of appeals)—

(a) for the heading substitute “Appeal to the First-tier Tribunal”;

(b) in paragraph (1)—

(i) omit “, by way of notice in writing given to the president of the Adjudication Panel”;

(ii) in sub-paragraph (a) after “appeal” insert “to the First-tier Tribunal”; and

(iii) in sub-paragraph (b) after “apply” insert “ to the First-tier Tribunal”;

(d) in paragraph (4)—

(i) for “, the president, or deputy president (as the case may be),” substitute “the First-tier Tribunal”; and

(ii) for “their” substitute “its”; and

(e) omit paragraphs (6) and (7).

165

Omit regulations 22 to 24 (tribunal procedure and composition).

166

In regulation 25 (outcome of appeals)—

(a) in paragraphs (1) to (4) and (6) for “an appeals tribunal” substitute “the First-tier Tribunal”; and

(b) omit paragraphs (7) and (8).

General Ophthalmic Services Contracts Regulations 2008

167

The General Ophthalmic Services Contracts Regulations 2008[^f00098] are amended as follows.

168

In regulation 2(1) (interpretation)—

(a) in the definition of “contract disqualification order” for “FHSAA” substitute “First-tier Tribunal”; and

(b) in the definition of “national disqualification”, in sub-paragraph (a) for “FHSAA” substitute “First-tier Tribunal”.

169

In regulation 6 (appeals and contract disqualifications)—

(a) for “FHSAA”, in each place, substitute “First-tier Tribunal”; and

(b) in paragraph (1) omit the words from “, by giving notice” to the end.

Care Quality Commission (Membership) Regulations 2008

170

In the Schedule to the Care Quality Commission (Membership) Regulations 2008[^f00099] (grounds for disqualification)—

(a) in paragraph 6(a) for “FHSAA” substitute “First-tier Tribunal; and

(b) in paragraph 17 for “a case tribunal” substitute “the First-tier Tribunal”.

Case Tribunals (England) Regulations 2008

171

The Case Tribunals (England) Regulations 2008[^f00100] are amended as follows.

172

In regulation 2 (interpretation)—

(a) omit the definition of “Adjudication Panel”;

(b) omit the definition of “case tribunal”;

(d) in the definition of “the relevant authority concerned” for “a case tribunal” substitute “the First-tier Tribunal”.

173

In regulation 3 (sanctions available to case tribunals)—

(a) in the heading for “case tribunals” substitute “First-tier Tribunal”;

(b) in paragraph (1)—

(i) for “a case tribunal” substitute “the First-tier Tribunal”; and

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