Legalize / United Kingdom / Statutory-Instrument

The Transfer of Tribunal Functions Order 2013

Type Statutory-Instrument

Publication 2013-04-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 29th April 2013

Coming into force: 1st July 2013

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

Citation and commencement

1

This Order may be cited as the Transfer of Tribunal Functions Order 2013 and comes into force on 1st July 2013.

Transfer of functions and abolition of tribunals

2

(1) The functions of rent assessment committees for areas in England are transferred to the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules in relation to any particular case, the Upper Tribunal.

(2) Rent assessment committees for areas in England are abolished.

3

(1) The functions of Agricultural Land Tribunals for areas in England are transferred to the First-tier Tribunal.

(2) Agricultural Land Tribunals for areas in England are abolished.

4

(1) The functions of the Adjudicator to Her Majesty’s Land Registry are transferred to the First-tier Tribunal.

(2) The Adjudicator to Her Majesty’s Land Registry is abolished.

Transfer of persons into the First-tier Tribunal and the Upper Tribunal

5

A person who, immediately before 1st July 2013, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

Column (1) Office held	Column (2) Office to be held
Any person appointed under Schedule 10 to the Rent Act 1977 to be a chairman member of a rent assessment panel for an area in England on the basis of holding a qualification as a solicitor or a barrister or as having sufficient expertise and experience in the law	Transferred-in judge of the First-tier Tribunal
Any person appointed under Schedule 10 to the Rent Act 1977 to be a chairman member of a rent assessment panel for an area in England on the basis of holding a qualification as a chartered surveyor	Transferred-in other member of the First-tier Tribunal
Any person appointed under Schedule 10 to the Rent Act 1977 to a rent assessment panel for an area in England other than a person falling within the entries above	Transferred-in other member of the First-tier Tribunal
Chairman of an Agricultural Land Tribunal for an area in England	Transferred-in judge of the First-tier Tribunal
Member of a panel of deputy chairmen of an Agricultural Land Tribunal for an area in England	Transferred-in judge of the First-tier Tribunal
Member of a panel of an Agricultural Land Tribunal for an area in England representing the interests of farmers	Transferred-in other member of the First-tier Tribunal
Member of a panel of an Agricultural Land Tribunal for an area in England representing the interests of owners of agricultural land	Transferred-in other member of the First-tier Tribunal
Member of a panel of persons experienced in matters relating to the drainage of land for the purposes of section 31 of the Land Drainage Act 1991 in England	Transferred-in other member of the First-tier Tribunal
Adjudicator to Her Majesty’s Land Registry	Transferred-in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal
Member of the Adjudicator’s staff who is authorised by the Adjudicator to carry out functions of the Adjudicator which are not of an administrative character	Transferred-in judge of the First-tier Tribunal

Consequential, transitional and saving provisions

6

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

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

(3) Schedule 3 contains transitional and saving provisions.

SCHEDULE 1 — Consequential provisions – primary legislation

PART 1 — Provisions consequential upon transfer of functions from rent assessment committees for areas in England

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

1

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951² is amended as follows.

2

In section 22 (facilities for action on behalf of men serving abroad in proceedings as to tenancies)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2), for “a rent tribunal” substitute “an appropriate tribunal”;

Leasehold Reform Act 1967

3

The Leasehold Reform Act 1967³ is amended as follows.

4

In section 9 (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (4A)⁴, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

5

In section 14 (obligation to grant extended lease), in subsection (2A)⁵, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

6

In section 21⁶ (jurisdiction of leasehold valuation tribunals)—

(a) in the heading, omit “leasehold valuation”;

(b) in subsections (1), (1B), (2) and (2A), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

7

In section 27 (enfranchisement where landlord cannot be found), in subsection (5)(a)⁷, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

8

In section 31(2)(a)⁸(ecclesiastical property), after “a leasehold valuation tribunal” insert “, the First-tier Tribunal ”.

9

In section 37 (interpretation of Part I), after subsection (1)(a) insert—

(aa) “the appropriate tribunal” means— (i) in relation to a house and premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (ii) in relation to a house and premises in Wales, a leasehold valuation tribunal;

10

In Schedule 1 (enfranchisement and extension by sub-tenants), in paragraph 5(3)⁹, for “a leasehold valuation tribunal”, in both places, substitute “the appropriate tribunal”.

11

In Schedule 2 (provisions supplementary to sections 17 and 18 of this Act), in paragraph 2(2)¹⁰, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Rent Act 1977

12

The Rent Act 1977¹¹ is amended as follows.

13

In section 65 (rent assessment committees), after “committees” insert “for Wales”.

14

After section 65, insert—

(65A) (1) An appeal on any point of law from a decision of a rent assessment committee constituted under Schedule 10 to this Act may be made to the Upper Tribunal. (2) Subsection (1) does not apply where the rent assessment committee is exercising functions of a leasehold valuation tribunal or a residential property tribunal.

15

In section 71 (amount to be registered as rent), in subsection (4), for “rent assessment committee” substitute “appropriate tribunal”.

16

In section 72¹² (effect of registration of rent)—

(a) for subsection (1)(b) substitute—

(b) if the rent is determined by the appropriate tribunal, from the date when the tribunal make their decision.

(b) for subsection (2)(b) substitute—

(b) if it is made by the appropriate tribunal, from the date when the tribunal make their decision.

17

In section 72A¹³ (amounts attributable to services)—

(a) for “rent assessment committee” substitute “appropriate tribunal”, and

(b) for “committee” substitute “tribunal”.

18

In section 75 (interpretation of Part IV), insert the following definition in the appropriate alphabetical place—

“appropriate tribunal” means— in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to a dwelling-house in Wales, a rent assessment committee.

19

In section 77¹⁴ (reference of contracts to rent tribunals and obtaining by them of information)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “rent” substitute “appropriate”;

20

In section 78¹⁵ (powers of rent tribunals on reference of contracts)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

21

In section 79¹⁶ (register of rents under restricted contracts)—

(a) in the heading, after “contracts” insert “relating to dwellings in Wales”

(b) in subsection (1), for “every” substitute “the”;

(d) in subsection (5), omit “concerned”.

22

After section 79 (register of rents under restricted contracts) insert—

(79A) (1) The Chamber President of the Property Chamber of the First-tier Tribunal shall prepare and keep up to date a register for the purposes of this Part of this Act and shall make the register available for inspection in such place or places and in such manner as the Lord Chancellor may direct. (2) The register shall be so prepared and kept up to date as to contain, with regard to any contract relating to a dwelling in England and under which a rent is payable which has been approved, reduced or increased under section 78 of this Act, entries of— (a) the prescribed particulars with regard to the contract; (b) a specification of the dwelling to which the contract relates; and (c) the rent as approved, reduced or increased by the First-tier Tribunal or the Upper Tribunal, and in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of that period. (3) Where any rates in respect of a dwelling are borne by the lessor or any person having any title superior to that of the lessor, the amount to be entered in the register under this section as the rent payable for the dwelling shall be the same as if the rates were not so borne; but the fact that they are so borne shall be noted in the register. (4) The amount to be entered in the register under this section as the rent payable for a dwelling shall include any sums payable by the lessee to the lessor in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the dwelling or are payable under separate agreements. (5) A copy of an entry in the register certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President of the Property Chamber of the First-tier Tribunal shall be receivable in evidence in any court and in any proceedings. (6) A person requiring such a certified copy shall be entitled to obtain it on payment of such fee as may specified by order made by the Lord Chancellor. (7) The power to make an order under subsection (6) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

23

In section 80¹⁷ (reconsideration of rent after registration)—

(a) in subsection (1)—

(i) after “entered in the register under section 79” insert “or 79A”;

(ii) for “rent” in the second place, substitute “appropriate”;

(b) in subsection (2)—

(i) after “section 79” insert “or 79A”;

(ii) for “a rent tribunal” substitute “the appropriate tribunal”.

24

In section 81 (effect of registration of rent)—

(a) in subsection (1), after “under section 79” insert “or 79A”;

(b) in subsection (2) after “section 79” insert “or 79A”.

25

In section 81A¹⁸ (cancellation of registration of rent)—

(a) in subsection (1)—

(i) after “section 79” insert “or 79A”;

(ii) for “rent tribunal” substitute “appropriate tribunal”;

(b) in subsection (4) for “rent” substitute “appropriate”.

26

In section 82 (jurisdiction of rent tribunals)—

(a) in the heading, omit “rent”;

(b) for “a rent tribunal” substitute “the appropriate tribunal”;

27

In section 85¹⁹ (interpretation of Part V)—

(a) in subsection (1), insert the following definition in the appropriate alphabetical place—

“appropriate tribunal” means— in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to a dwelling in Wales, a rent assessment committee;

(b) in the definition of “register”—

(i) omit “by the president of the rent assessment panel concerned”;

(ii) after “section 79” insert “or 79A”;

(d) in subsection (4), after “section 79(3)” insert “, 79A(3)”.

28

In section 103²⁰ (notice to quit served after reference of contract to rent tribunal)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

29

In section 104 (application to tribunal for security of tenure where notice to quit is served)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsections (1), (3), (4) and (5), for “the rent tribunal”, in each place, substitute “the appropriate tribunal”.

30

In section 106 (reduction of period of notice on account of lessee’s default)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2), for “the rent tribunal” in both places, substitute “the appropriate tribunal”.

31

In section 107 (interpretation of Part VI) insert the following definition in the appropriate alphabetical order—

“appropriate tribunal” means— in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to a dwelling in Wales, a rent assessment committee;

32

In section 122 (prohibition of premiums on grant or assignment of rights under restricted contracts)—

(a) in subsection (1)(a), after “79” insert “or 79A”;

(b) in subsection (1)(b), for “rent tribunal” substitute “appropriate tribunal”.

33

In Schedule 10²¹ (rent assessment committees)—

(a) for paragraphs 1 and 2 substitute—

(1) The Welsh Ministers shall draw up and from time to time revise a panel of persons to act as chairmen and other members of rent assessment committees in Wales. (2) The panel shall consist of a number of persons appointed by the Lord Chancellor and a number of persons appointed by the Welsh Ministers.

(b) in paragraph 2A, for “any panel” substitute “the panel”;

(d) in paragraph 4—

(i) for “to act for an area” substitute “in Wales”, and

(ii) omit “formed for that area”;

(e) in paragraph 5, for “paragraphs 6” substitute “paragraphs 5A, 6”;

(f) after paragraph 5 insert—

(5A) A member of the First-tier Tribunal may, at the request of the president or vice-president of the panel and with the approval of the Senior President of Tribunals, act as a member of a rent assessment committee in Wales.

(g) in paragraph 7—

(i) for “of panels” substitute “of the panel”;

(ii) for “Secretary of State” substitute “Welsh Ministers”;

(h) in paragraph 7A—

(i) for “Secretary of State” substitute “Welsh Ministers”;

(ii) for “a panel” substitute “the panel”;

(i) in paragraph 8, for “Secretary of State” in both places, substitute “Welsh Ministers”;

(j) in paragraph 9—

(i) in sub-paragraph (a), for “panels” substitute “the panel”

(ii) for sub-paragraph (c) substitute “such other expenses of the panel as the Welsh Ministers may determine”.

34

In Schedule 11²² (applications for registration of rent)—

(a) in paragraphs 5A and 6(1), in each place, for “a rent assessment committee” substitute “the appropriate tribunal”;

(b) in paragraph 7(1), for “The rent assessment committee” substitute “A rent assessment committee”;

(8A) A rent assessment committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph 7 or paragraph 8 above.

(d) for paragraph 9, substitute—

(9) (1) The appropriate tribunal shall— (a) if it appears to them that the rent registered or confirmed by the rent officer is a fair rent, confirm that rent; (b) if it does not appear to them that that rent is a fair rent, determine a fair rent for the dwelling house. (2) Where the tribunal confirm or determine a rent under this paragraph they shall notify the landlord, the tenant and the rent officer of the tribunal’s decision and of the date on which it was made. (3) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the appropriate tribunal as the rent for the dwelling-house.

(e) in paragraph 9B(b), for “committee” substitute “appropriate tribunal”.

Protection from Eviction Act 1977

35

In the Protection from Eviction Act 1977²³, in section 8(6)(a)²⁴ (interpretation), omit “rent”, where that word appears before “tribunal”.

Housing Act 1980

36

The Housing Act 1980²⁵ is amended as follows.

37

Omit section 72²⁶ (function of rent tribunals).

38

In section 142²⁷ (leasehold valuation tribunals), omit subsection (1).

Mobile Homes Act 1983

39

In the Mobile Homes Act 1983²⁸, in section 5(1)²⁹ (interpretation), for the definition of “a tribunal”, substitute—

“a tribunal” means, where the parties have entered into an arbitration agreement that applies to the question to be determined and that question arose before the agreement was made, the arbitrator; or, in other cases— in relation to England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper; and in relation to Wales, a residential property tribunal

Housing Act 1985

40

The Housing Act 1985³⁰ is amended as follows.

41

In section 269³¹ (right of appeal against order), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.

42

In section 269A³² (appeals suggesting certain other courses of action), in subsection (3)(a), for “a residential property tribunal” substitute “the appropriate tribunal”.

43

In section 272 (demolition orders: expenses of local housing authority, etc)—

(a) in subsections (2)(a) and (5), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2)(b), for “such a” substitute “the appropriate”.

44

In section 317 (power of court to determine lease where premises demolished), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.

45

In section 318³³ (power of tribunal to authorise execution of works on unfit premises or for improvement), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.

46

In section 322³⁴ (minor definitions), after subsection (3) insert—

(4) In this Part “appropriate tribunal” means— (a) in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a residential property tribunal.

47

In section 323 (index of defined expressions: Part IX) insert in the appropriate alphabetical place—

appropriate tribunal	section 322

48

In paragraph 11 of Schedule 5³⁵ (exceptions to the right to buy)—

(a) in sub-paragraph (5A)(a) for “a residential property tribunal” substitute “the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal”;

(b) for sub-paragraph (5B) substitute—

(5B) For appeals, see section 11 of the Tribunals, Courts and Enforcement Act 2007 (for decisions of the First-tier Tribunal) and section 65A of the Rent Act 1977 (for decisions of a rent assessment committee).

Landlord and Tenant Act 1985

49

The Landlord and Tenant Act 1985³⁶ is amended as follows.

50

In section 20³⁷ (limitation of service charges: consultation requirements), in subsection (1)(b), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

51

In section 20ZA (consultation requirements: supplementary), in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

52

In section 20C³⁸ (limitation of service charges: costs of proceedings)—

(a) in subsection (1), after “leasehold valuation tribunal” insert “or the First-tier Tribunal”;

(b) in subsection (2), after paragraph (b) insert—

(ba) in the case of proceedings before the First-tier Tribunal, to the tribunal;

53

In section 21A³⁹ (withholding of service charges), in subsection (4), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

54

In section 27A⁴⁰ (liability to pay service charges: jurisdiction), in subsections (1), (3) and (7), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

55

In section 29⁴¹ (meaning of “recognised tenants’ association”)—

(a) in subsection (1) for paragraph (b) substitute—

(b) by a certificate— (i) in relation to dwellings in England, of the First-tier Tribunal; and (ii) in relation to dwellings in Wales, of a member of the local rent assessment committee panel.

(b) in subsection (3), for “under subsection (1)(b)” substitute “under subsection (1)(b)(i) may be cancelled by the First-tier Tribunal, and a certificate given under subsection (1)(b)(ii)”;

(d) in subsection (5)—

(i) in paragraph (a) for “subsection (1)(b)” substitute “subsection (1)(b)(ii)”;

(ii) in paragraph (b) for “such a certificate” substitute “a certificate under subsection (1)(b)”.

56

In section 38 (minor definitions), after the definition of “address” insert—

“appropriate tribunal” means— in relation to a dwelling in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to a dwelling in Wales, a leasehold valuation tribunal;

57

In the Schedule (rights of tenants with respect to insurance), in paragraph 8(2)⁴², for “leasehold valuation tribunal” substitute “the appropriate tribunal”.

Landlord and Tenant Act 1987

58

The Landlord and Tenant Act 1987⁴³ is amended as follows.

59

In section 8C (election in case of disposal of non-monetary consideration), in subsection (4), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

60

In section 12A (right of qualifying tenants to take benefit of contract), in subsection (5), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

61

In section 12B (right of qualifying tenants to compel sale, &c by purchaser), in subsection (4), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

62

In section 12C (rights of qualifying tenants to compel grant of new tenancy by superior landlord), in subsection (6), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

63

In section 13 (determination by questions by leasehold valuation tribunal), in subsection (1), for “A leasehold valuation tribunal” substitute “The appropriate tribunal”.

64

In section 14 (withdrawal of nominated person from transaction), in subsection (5), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

65

In section 17 (termination of rights against new landlord or subsequent purchaser), in subsection (3)(b), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

66

In section 20(1) (construction of Part 1 and power of Secretary of State to prescribe modifications), after the definition of “acceptance notice” ⁴⁴ insert—

“appropriate tribunal” means— in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to premises in Wales, a leasehold valuation tribunal;

67

In the heading to Part II⁴⁵ (appointment of managers by a leasehold valuation tribunal), omit “leasehold valuation”.

68

In section 21⁴⁶ (tenant’s right to apply to tribunal for appointment of manager)—

(a) in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(b) after subsection (7), insert—

(8) For the purposes of this Part, “appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a leasehold valuation tribunal.

69

In section 22⁴⁷ (preliminary notice by tenant)—

(a) in subsection (2)(b), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”; and

(b) in subsection (3), for “A leasehold valuation tribunal” substitute “The appropriate tribunal”.

70

In section 23⁴⁸ (application to tribunal for appointment of manager), in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

71

In section 24⁴⁹ (appointment of manager by a leasehold valuation tribunal)—

(a) in the heading omit “leasehold valuation”;

(b) in subsections (1), (2) and (9), for “A leasehold valuation tribunal” substitute “The appropriate tribunal”;

72

In section 30 (content of acquisition orders)—

(a) in subsection (1)(b), for “a rent assessment committee” substitute “the appropriate tribunal”;

(b) after subsection (6) insert—

(7) For the purposes of this Part, “appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a leasehold valuation tribunal.

73

In section 31⁵⁰ (determination of terms by leasehold valuation tribunal)—

(a) in the heading omit “leasehold valuation”;

(b) in subsection (1), for “A leasehold valuation tribunal” substitute “The appropriate tribunal”;

74

In section 34 (discharge of acquisition order and withdrawal by tenants), in subsection (5), for “a rent assessment committee” substitute “the appropriate tribunal”.

75

In section 35⁵¹ (application by party to lease for variation of lease)—

(a) in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(b) in subsection (5), after “2002” insert “and Tribunal Procedure Rules”;

(9) For the purposes of this section and sections 36 to 39, “appropriate tribunal” means— (a) if one or more of the long leases concerned relates to property in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) if one or more of the long leases concerned relates to property in Wales, a leasehold valuation tribunal.

76

In section 37⁵² (application by majority of parties for variation of leases), in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

77

In section 39⁵³ (effect of orders varying leases: applications by third parties), in subsection (3)(b), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

78

In section 40⁵⁴ (application for variation of insurance provisions of lease or dwelling other than a flat)—

(a) in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(b) after subsection (5) insert—

(6) For the purposes of subsection (1), “appropriate tribunal” means— (a) if one or more of the dwellings concerned is in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) if one or more of the dwellings concerned is in Wales, a leasehold valuation tribunal.

79

In section 52⁵⁵ (jurisdiction of county courts), in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Housing Act 1988

80

The Housing Act 1988⁵⁶ is amended as follows.

81

In section 6 (fixing of terms of statutory periodic tenancy)—

(a) in subsection (3)(a), for “a rent assessment committee” substitute “the appropriate tribunal”;

(b) in subsection (4)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “committee” substitute “appropriate tribunal”;

(iii) for “the committee’s”, in both places, substitute “the appropriate tribunal’s”.

(d) in subsection (7)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “committee”, at each place, substitute “appropriate tribunal”;

(e) in subsection (8), for “a rent assessment committee” substitute “the appropriate tribunal”.

82

In section 13 (increases of rent under assured periodic tenancies), in subsection (4)(a), for “a rent assessment committee” substitute “the appropriate tribunal”.

83

In section 14⁵⁷ (determination of rent by rent assessment committee)—

(a) in the heading, for “rent assessment committee” substitute “tribunal”;

(b) in subsection (1)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal” ;

(ii) for “committee” in both places substitute “appropriate tribunal”;

(d) in subsection (5) for “rent assessment committee” substitute “appropriate tribunal” ;

(e) in subsection (6)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal” ;

(ii) for “committee” in both places, substitute “appropriate tribunal”;

(f) in subsection (7)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “the committee” substitute “the appropriate tribunal”;

(iii) for “the rent assessment committee” substitute “the appropriate tribunal”;

(g) in subsection (8), for “a rent assessment committee” substitute “the appropriate tribunal”.

84

In section 14A⁵⁸ (certain pre 1 April 1994 rent cases where landlord liable for council tax), in subsection (5)(a), for “a rent assessment committee” substitute “the appropriate tribunal”.

85

In section 14B (interim determination of rent by rent assessment committee)—

(a) in the heading, for “rent assessment committee” substitute “the appropriate tribunal”;

(b) in subsection (1)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “committee” substitute “appropriate tribunal”;

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “committee”, in each place, substitute “appropriate tribunal”;

(d) in subsection (3)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “committee”, in both places, substitute “appropriate tribunal”.

86

In section 22⁵⁹ (reference of excessive rents to rent assessment committee)—

(a) in the heading, for “rent assessment committee” substitute “appropriate tribunal”;

(b) in subsection (1)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “the committee’s” substitute “the appropriate tribunal’s”;

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “the committee” substitute “the appropriate tribunal”;

(d) in subsection (4)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “the committee” substitute “the appropriate tribunal”;

(e) in subsection (5A)(b), for “a rent assessment committee” substitute “the appropriate tribunal”.

87

In section 23 (termination of rent assessment committee’s functions), in the heading for “rent assessment committee’s” substitute “tribunal’s”.

88

In section 36(3)(a) (new restricted contracts limited to transitional cases) for “rent” substitute “appropriate”.

89

In section 40 (jurisdiction of county courts), in subsection (1), for “a rent assessment committee” substitute “the appropriate tribunal”.

90

In section 41A⁶⁰ (amounts attributable to services)—

(a) for “rent assessment committee” substitute “appropriate tribunal”;

(b) for “committee” substitute “tribunal”;

91

In section 41B⁶¹ (provision of information as to exemption from council tax), for “rent assessment committee”, in both places, substitute “the appropriate tribunal”.

92

In section 42 (information as to determination of rents)—

(a) in the heading, after “rents” insert “in Wales”;

(b) in subsection (1)—

(i) for “every” substitute “the”;

(ii) for “Secretary of State” substitute “Welsh Ministers”;

(iii) after “rent assessment committees” insert “in areas in Wales”;

(d) in subsection (4), for “either House of Parliament” substitute “the National Assembly for Wales”.

93

After section 42 insert—

(42A) (1) The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by— (a) rent assessment committees in England, (b) the First-tier Tribunal, or (c) the Upper Tribunal. (2) A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings. (3) An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection. (4) The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

94

In section 45(1) (interpretation of Part I), insert at the appropriate alphabetical place—

“appropriate tribunal” means— in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; in relation to a dwelling-house in Wales, a rent assessment committee;

Local Government and Housing Act 1989

95

(1) Schedule 10 (security of tenure on ending of long residential tenancies) to the Local Government and Housing Act 1989⁶² is amended as follows.

(2) In paragraph 4(2)(b), for “a rent assessment committee” substitute “the appropriate tribunal”.

(3) After paragraph 4, insert—

(4A) For the purposes of this Schedule, “appropriate tribunal” means— (a) in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to a dwelling-house in Wales, a rent assessment committee.

(4) In paragraph 6—

(a) in sub-paragraph (2)(a), for “a rent assessment committee” substitute “the appropriate tribunal”;

(b) in sub-paragraph (3)—

(i) for “a rent assessment committee” substitute “the appropriate tribunal”;

(ii) for “committee”, in both places, substitute “tribunal”;

(c) in sub-paragraph (6), for “a rent assessment committee” substitute “an appropriate tribunal”, and for “committee” substitute “tribunal”.

(5) In paragraph 7(2), for “a rent assessment committee” substitute “the appropriate tribunal”.

(6) In paragraph 10(2)(a) for “a rent assessment committee” substitute “the appropriate tribunal”.

(7) In paragraph 11—

(a) in sub-paragraph (1), for “a rent assessment committee” substitute “the appropriate tribunal”, and for “committee” in both places, substitute “tribunal”;

(b) in sub-paragraph (2), for “a rent assessment committee” substitute “the appropriate tribunal”;

(i) for “rent assessment committee” substitute “appropriate tribunal”;

(ii) for “committee’s” substitute “tribunal’s”;

(iii) for “committee” substitute “tribunal”;

(d) in sub-paragraph (5), for “rent assessment committee” substitute “appropriate tribunal”, and for “committee” at each place, substitute “tribunal”;

(e) in sub-paragraph (8), for “a rent assessment committee” substitute “the appropriate tribunal”, and for “committee” at each place substitute “tribunal”.

(8) In paragraph 18, for “a rent assessment committee” substitute “the appropriate tribunal” and for “committee” substitute “appropriate tribunal”.

(9) In paragraph 19(3)(d), for “a rent assessment committee” substitute “the appropriate tribunal”.

Tribunals and Inquiries Act 1992

96

The Tribunals and Inquiries Act 1992⁶³ is amended as follows.

97

In section 11(1) (appeals from certain tribunals) omit “, 37”.

98

In Schedule 1 (tribunals under general supervision of Council), in the entry numbered 37, after the words “rent assessment committees” insert “in Wales”.

Leasehold Reform, Housing and Urban Development Act 1993

99

The Leasehold Reform, Housing and Urban Development Act 1993⁶⁴ is amended as follows.

100

In the italic heading before section 22 (proceedings relating to validity of initial notice), omit “leasehold valuation”.

101

In section 24 (applications where terms in dispute or failure to enter contract), in subsections (1), (3)(b), (4)(b)(i) and (6)(b), for “a leasehold valuation tribunal”, substitute “the appropriate tribunal”.

102

In section 25 (applications where reversioner fails to give counter-notice or further counter-notice) in subsection (6)(b)(i), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

103

In section 27 (supplementary provisions relating to vesting orders under section 26(1)), in subsections (1)(b), (2), (3)(a), (4) and (5)(a), for “a leasehold valuation tribunal” in each place, substitute “the appropriate tribunal”.

104

In section 33 (costs of enfranchisement), in subsection (5), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

105

In section 38 (interpretation of Chapter 1), insert in the appropriate alphabetical place—

“appropriate tribunal” means— in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to premises in Wales, a leasehold valuation tribunal.

106

In the italic heading before section 46 (proceedings relating to validity of tenant’s notice), omit “leasehold valuation”.

107

In section 48 (applications where terms in dispute or failure to enter into new lease), in subsections (1), (3)(b) and (6)(b), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

108

In section 51 (supplementary provisions relating to vesting orders under section 50(1)), in subsections (1), (2), (3)(a), (4) and (5)(a), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

109

In section 60 (costs incurred in connection with new lease to be paid by tenant), in subsection (5), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

110

In section 62 (interpretation of Chapter II), insert in the appropriate alphabetical place—

“appropriate tribunal” means— in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to premises in Wales, a leasehold valuation tribunal.

111

In section 69 (estate management schemes)—

(a) in subsections (1), (2) and (5)(a), for “leasehold valuation tribunal”, substitute “the appropriate tribunal”;

(b) after subsection (7) insert—

(8) For the purposes of this Chapter, “appropriate tribunal” means— (a) in relation to an area or areas in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to an area or areas in Wales, a leasehold valuation tribunal.

112

In section 70⁶⁵ (approval by leasehold valuation tribunal of estate management scheme)—

(a) in the heading, omit “leasehold valuation”;

(b) in subsections (1), (2), (3), (4), (7) and (10), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

113

In section 71 (applications by two or more landlords or by representative bodies), in subsections (1) and (3), for “a leasehold valuation tribunal”, substitute “the appropriate tribunal”.

114

In section 73 (applications by certain public bodies), in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

115

In section 75 (variation of existing schemes), in subsections (1)(a) and (2), for “leasehold valuation tribunal”, substitute “the appropriate tribunal”.

116

In the italic heading before section 88, omit “leasehold valuation”.

117

In section 88⁶⁶ (jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc of crown land)—

(a) in the heading, omit “leasehold valuation”;

(b) in subsection (2), for “a leasehold valuation tribunal” in both places, substitute “the appropriate tribunal”;

(6A) For the purposes of subsection (2), “appropriate tribunal” means— (a) in relation to a house and premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to a house and premises in Wales, a leasehold valuation tribunal.

118

In section 90 (jurisdiction of county courts), in subsection (2), for “a leasehold valuation tribunal by virtue of section 91” substitute “the appropriate tribunal (within the meaning of section 91) by virtue of that section”.

119

In section 91⁶⁷ (jurisdiction of leasehold valuation tribunals)—

(a) in the heading, omit “leasehold valuation”;

(b) in subsection (1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(d) after subsection (11) insert—

(12) For the purposes of this section, “appropriate tribunal” means— (a) in relation to property in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to property in Wales, a leasehold valuation tribunal.

120

In section 93 (agreements excluding or modifying rights of tenant under Chapter I and II), in subsection (3)(a)(ii), for “a leasehold valuation tribunal” substitute “the appropriate tribunal (within the meaning of that Chapter)”.

121

In section 94⁶⁸ (crown land), in subsection (10)(b), for “a leasehold valuation tribunal” in both places, substitute “the appropriate tribunal (within the meaning of the relevant Chapter)”.

122

In section 101(9) (general interpretation of Part I), after “leasehold valuation tribunal” insert “the First-tier Tribunal or Upper Tribunal”.

123

In Schedule 1 (conduct of proceedings by reversioner on behalf of other landlords), in paragraphs 6(2)(b) and 7(3), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

124

In Schedule 2 (special categories of landlords), in paragraph 8(2)(a)⁶⁹, for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

125

In Schedule 5 (vesting orders under sections 24 and 25), in paragraphs 2(1)(a) and 3(1)(b), for “a leasehold valuation tribunal”, substitute “the appropriate tribunal”.

126

In Schedule 9 (grant of leases back to the former freeholder)—

(a) in paragraphs 4(1) and 7(1)(b), for “a leasehold valuation tribunal”, substitute “the appropriate tribunal”;

(b) in paragraphs 4(2) and 7(2), for “A leasehold valuation tribunal”, substitute “The appropriate tribunal”.

127

In Schedule 11 (procedure where competent landlord is not tenant’s immediate landlord), in paragraph 6(1)(c), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

128

In Schedule 13⁷⁰ (premium and other amounts payable by tenant on grant of new lease), in paragraphs 4A(5)(b) and 4B(5)(b), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

129

In Schedule 14 (provisions supplementary to section 61), in paragraph 2(1), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Housing Act 1996

130

In the Housing Act 1996⁷¹, in section 81 (restriction on termination of tenancy for failure to pay service charge)—

(a) in subsections (1)(a) and (5A), for “a leasehold valuation tribunal”, substitute “the appropriate tribunal”;

(b) after subsection (6) insert—

(7) For the purposes of this section, “appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a leasehold valuation tribunal.

Commonhold and Leasehold Reform Act 2002

131

The Commonhold and Leasehold Reform Act 2002⁷² is amended as follows.

132

In section 79 (notice of claim to acquire right), in subsection (9), omit “leasehold valuation”.

133

In section 84 (counter-notices), in subsection (3), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

134

In section 85 (landlords etc. not traceable)—

(a) in subsection (2), for “a leasehold valuation tribunal” substitute “the appropriate tribunal;

(b) in subsections (6)(b) and (8)(b), omit “leasehold valuation”.

135

In section 88 (costs: general), in subsections (3) and (4), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

136

In section 94 (duty to pay accrued uncommitted service charges), in subsection (3), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

137

In section 99 (approvals: supplementary), in subsections (1)(b) and (5), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

138

In section 112 (definitions), in subsection (1) insert in the appropriate alphabetical place—

“appropriate tribunal” means— in relation to premises in England, the First-tier Tribunal or, where determined by Tribunal Procedure Rules, the Upper Tribunal; and in relation to premises in Wales, a leasehold valuation tribunal;

139

In section 159 (charges under estate management schemes)—

(a) in subsections (3), (6) and (8), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(b) after subsection (12) insert—

(13) For the purposes of this section, “appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a leasehold valuation tribunal.

140

In the italic heading before section 160 (third parties with management responsibilities), omit “leasehold valuation”.

141

In section 168 (no forfeiture notice before determination of breach)—

(a) in subsection (4), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(b) after subsection (5) insert—

(6) For the purposes of subsection (4), “appropriate tribunal” means— (a) in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to a dwelling in Wales, a leasehold valuation tribunal.

142

In section 172 (application to Crown) in subsection (1)(b), for “leasehold valuation tribunal” substitute “the appropriate tribunal”.

143

In section 175 (appeals), omit subsections (8) and (9).

144

After section 176 (leasehold valuation tribunals) insert—

(176A) (1) Where, in any proceedings before a court, there falls for determination a question which the First-tier Tribunal or the Upper Tribunal would have jurisdiction to determine under an enactment specified in subsection (2) on an appeal or application to the tribunal, the court— (a) may by order transfer to the First-tier Tribunal so much of the proceedings as relate to the determination of that question; (b) may then dispose of all or any remaining proceedings pending the determination of that question by the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal, as it thinks fit. (2) The enactments specified for the purposes of subsection (1) are— (a) this Act, (b) the Leasehold Reform Act 1967, (c) the Landlord and Tenant Act 1985, (d) the Landlord and Tenant Act 1987, (e) the Leasehold Reform, Housing and Urban Development Act 1993, and (f) the Housing Act 1996. (3) Where the First-tier Tribunal or the Upper Tribunal has determined the question, the court may give effect to the determination in an order of the court. (4) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this section. (176B) (1) A person aggrieved by a decision of the First-tier Tribunal under or in connection with an enactment specified in section 176A(2) may appeal to the Upper Tribunal. (2) An appeal may not be brought under subsection (1) in relation to a decision on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)). (3) An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal). (4) An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought. (5) In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply. (176C) Any decision of the First-tier Tribunal or Upper Tribunal under or in connection with an enactment specified in section 176A(2), other than a decision ordering the payment of a sum (as to which see section 27 (enforcement) of the Tribunals, Courts and Enforcement Act 2007), is to be enforceable with the permission of a county court in the same way as orders of such a court.

145

In Schedule 6 (premises excluded from right to manage), in paragraph 5(3), for “A leasehold valuation tribunal” substitute “The appropriate tribunal”.

146

In Schedule 7 (right to manage: statutory provisions)—

(a) in paragraph 8(1), omit “leasehold valuation”;

(b) in paragraph 8(6), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

147

In Schedule 11 (administrative charges)—

(a) in paragraphs 3(1) and 5(1) and (3), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”;

(b) after paragraph 6(5), insert—

(6) “Appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a leasehold valuation tribunal.

148

In Schedule 12 (leasehold valuation tribunals: procedure), in paragraph 1, for “appropriate national authority” substitute “Welsh Ministers”.

Housing Act 2004

149

The Housing Act 2004⁷³ is amended as follows.

150

In section 22 (contents of prohibition orders), in subsection (9), for “a residential property tribunal” substitute “the appropriate tribunal”.

151

In section 34 (power of tribunal to determine or vary lease), in subsection (2), for “a residential property tribunal” substitute “the appropriate tribunal”.

152

In section 45 (appeals relating to emergency measures)—

(a) in subsections (1) and (2), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in subsection (4), for “A residential property tribunal” substitute “The appropriate tribunal”.

153

In section 62 (temporary exemption from licensing requirement), in subsection (7), for “a residential property tribunal” substitute “the appropriate tribunal”.

154

In section 72 (offences in relation to licensing of HMOs), in subsection (9)(a), for “a residential property tribunal” substitute “the appropriate tribunal”.

155

In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders), in subsection (5)(a), for “a residential property tribunal” substitute “the appropriate tribunal”.

156

In section 86 (temporary exemption from licensing requirement), in subsection (7), for “a residential property tribunal” substitute “the appropriate tribunal”.

157

In section 95 (offences in relation to licensing of houses under this Part), in subsection (8)(a), for “a residential property tribunal” substitute “the appropriate tribunal”.

158

In section 96 (other consequences of operating unlicensed houses: rent repayment orders), in subsection (5)(a), for “a residential property tribunal” substitute “the appropriate tribunal”.

159

In section 102 (making of interim management orders), in subsections (4)(b) and (7), for “a residential property tribunal” substitute “the appropriate tribunal”.

160

In section 103 (special interim management orders), in subsection (2), for “A residential property tribunal” substitute “The appropriate tribunal”.

161

In section 105 (operation of interim management orders), in subsections (8)(b) and (11), for “a residential property tribunal” substitute “the appropriate tribunal”.

162

In section 110 (financial arrangements while order is in force), in subsection (7), for “a residential property tribunal” substitute “the appropriate tribunal”.

163

In section 114 (operation of final management orders), in subsections (5)(b) and (8), for “a residential property tribunal” substitute “the appropriate tribunal”.

164

In section 120 (enforcement of management scheme by relevant landlord), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.

165

In section 126 (effect of management orders: furniture), in subsection (4), for “a residential property tribunal” substitute “the appropriate tribunal”.

166

In section 130 (termination of management orders; leases, agreements and proceedings), in subsection (9), for “a residential property tribunal” substitute “the appropriate tribunal”.

167

In section 133 (making of interim EDMOs), in subsections (1)(b), (3), (4) and (6), for “a residential property tribunal” substitute “the appropriate tribunal”.

168

In section 134 (authorisation to make interim EDMOs), in subsection (1), for “A residential property tribunal” substitute “The appropriate tribunal”.

169

In section 138 (compensation payable to third parties), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.

170

In section 143 (appeals against overcrowding notices)—

(a) in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in subsection (6), for “A residential property tribunal” substitute “The appropriate tribunal”.

171

In section 144 (revocation and variation of overcrowding notices)—

(a) in subsection (2), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in subsection (6), for “A residential property tribunal” substitute “The appropriate tribunal”.

172

In section 181(6)(a) (exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies), for “a residential property tribunal” substitute “the appropriate tribunal”.

173

In section 229 (residential property tribunals), in subsection (3), for “appropriate national authority” substitute “National Assembly for Wales”.

174

In section 230(1) (powers and procedure of residential property tribunals), after “jurisdiction” insert “in respect of premises situated in Wales”.

175

In section 231 (appeals from residential property tribunals), for subsection (4) substitute—

(4) Section 65A of the Rent Act 1977 (right of appeal from a rent assessment committee in Wales) does not apply to a decision of a residential property tribunal).

176

After section 231 (appeals from residential property tribunals) insert—

(231A) (1) The First-tier Tribunal and Upper Tribunal exercising any jurisdiction conferred by or under the Mobile Homes Act 1983, the Housing Act 1985 or this Act has, in addition to any specific powers exercisable by them in exercising that jurisdiction, the general power mentioned in subsection (2). (2) The tribunal’s general power is a power to give such directions as the tribunal considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings or any issue in or in connection with them. (3) When exercising jurisdiction under this Act, the directions which may be given by the tribunal under its general power include (where appropriate)— (a) directions requiring a licence to be granted under Part 2 or 3 of this Act; (b) directions requiring any licence so granted to contain such terms as are specified in the directions; (c) directions requiring any order made under Part 4 of this Act to contain such terms as are so specified; (d) directions that any building or part of a building so specified is to be treated as if an HMO declaration had been served in respect of it on such date as is so specified (and such a direction is to be an excluded decision for the purposes of section 11(1) and 13(1) of the Tribunals, Courts and Enforcement Act 2007); (e) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise. (4) When exercising jurisdiction under the Mobile Homes Act 1983, the directions which may be given by the tribunal under its general power include (where appropriate)— (a) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise; (b) directions requiring the arrears of pitch fees or the recovery of overpayments of pitch fees to be paid in such manner and by such date as may be specified in the directions; (c) directions requiring cleaning, repairs, restoration, re-positioning or other works to be carried out in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions; (d) directions requiring the establishment, provision or maintenance of any service or amenity in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions. (5) In subsection (4)— - “mobile home” and “protected site” have the same meaning as in the Mobile Homes Act 1983 (see section 5 of that Act); - “pitch” has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to that Act⁷⁴; - “pitch fee” has the meaning given in paragraph 29 of Chapter 2, paragraph 13 of Chapter 3, or paragraph 27 of Chapter 4, of Part 1 of Schedule 1 to that Act, as the case may be. (231B) (1) Where, in any proceedings before a court, there falls for determination a question which the First-tier Tribunal or the Upper Tribunal would have jurisdiction to determine on an appeal or application to the tribunal in connection with the Mobile Homes Act 1983, the Housing Act 1985 or this Act, the court— (a) may by order transfer to the First-tier Tribunal so much of the proceedings as relate to the determination of that question; (b) may then dispose of all or any remaining proceedings pending the determination of that question by the First-tier Tribunal or the Upper Tribunal, as it thinks fit. (2) Where the First-tier Tribunal or the Upper Tribunal has determined the question, the court may give effect to the determination in an order of the court. (3) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this section (4) Nothing in this Act or in the Mobile Homes Act 1983 affects any power of a court to make an order that could be made by the tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where— (a) the court has not made a transfer under this paragraph, and (b) the order is made by the court in connection with disposing of any proceedings before it. (231C) (1) A person aggrieved by a decision of the First-tier Tribunal made under or in connection with— (a) the Mobile Homes Act 1983, (b) the Housing Act 1985 (other than one made under paragraph 11 of Schedule 5 to that Act), or (c) this Act, may appeal to the Upper Tribunal. (2) An appeal may not be brought under subsection (1) in relation to a decision on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)). (3) An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal). (4) An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought. (5) In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply. (231D) Any decision of the First-tier Tribunal or Upper Tribunal under or in connection with the Mobile Homes Act 1983, the Housing Act 1985 or this Act, other than a decision ordering the payment of a sum (as to which see section 27 (enforcement) of the Tribunals, Courts and Enforcement Act 2007), is to be enforceable with the permission of a county court in the same way as orders of such a court.

177

In section 244 (power to prescribe forms), in subsection (2) after “this Act” insert “or in relation to a document given or made by the First-tier Tribunal or Upper Tribunal”.

178

In section 255 (HMO declarations)—

(a) in subsection (9), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) after subsection (12) insert—

(13) For the purposes of this section and section 256, “appropriate tribunal” means— (a) in relation to a building in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to a building in Wales, a residential property tribunal.

179

In section 256 (revocation of HMO declarations), in subsection (4), for “a residential property tribunal” substitute “the appropriate tribunal”.

180

In section 261 (meaning of “appropriate national authority”, “local housing authority” etc) after subsection (7) insert—

(8) In this Act “appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a residential property tribunal.

181

In Schedule 1 (procedure and appeals relating to improvement notices)—

(a) in paragraphs 10(1), 13(1), 14(3), 15(1) and 18(1), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in the headings to paragraphs 15 and 18, omit “residential property”.

182

In Schedule 2 (procedure and appeals relating to prohibition orders)—

(a) in paragraphs 7(1), 9, 11(1) and 13(1), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in paragraph 10(3), for “A residential property tribunal” substitute “The appropriate tribunal”;

183

In Schedule 3 (improvement notices: enforcement action by local housing authorities)—

(a) in paragraphs 8(5), 11(1) and 14(1), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in paragraph 11(3), for “A residential property tribunal” substitute “The appropriate tribunal”.

184

In Schedule 5 (Licences under Parts 2 and 3: procedure and appeals)—

(a) in paragraphs 31(1), 32(1) and 34(1), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in paragraph 33(3), for “A residential property tribunal” substitute “The appropriate tribunal”;

185

In Schedule 6 (management orders: procedures and appeals)—

(a) in paragraphs 24(1) and (4)(b), 26(1), 28, 30(1) and 32(2), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in paragraphs 25(3), 29(3) and 33(3), for “A residential property tribunal” substitute “The appropriate tribunal”;

186

In Schedule 7 (further provisions regarding empty dwelling management orders)—

(a) in paragraphs 1(5)(b), 2(3)(d), 5(7), 9(6)(b) and (9), 10(3)(d), 14(1), 22(4)(b), 26(1), 28(1), 30, 32(1) and 34(2), for “a residential property tribunal”, substitute “the appropriate tribunal”;

(b) in paragraphs 22(1), 27(3), 31(3) and 35(3), for “A residential property tribunal”, substitute “The appropriate tribunal”;

(d) in the headings to paragraphs 22, 28, 32 and 36, omit “residential property”.

187

In Schedule 13 (residential property tribunals: procedure), in paragraph 1, for “appropriate national authority” substitute “Welsh Ministers”.

PART 2 — Provisions consequential upon transfer of functions from agricultural land tribunals for areas in England

Hill Farming Act 1946

188

In the Hill Farming Act 1946⁷⁵, in section 21 (avoidance or relaxation of covenants against heather and grass burning in England and Wales)—

(a) in subsection (1), for “Agricultural Land Tribunal” substitute “appropriate tribunal”;

(b) after subsection (1) insert—

(1A) Where the land lies partly in Wales and partly in England, for the purposes of anything required or authorised to be done under this section by or before an appropriate tribunal in relation to that land, the land shall be deemed to be situated entirely in the place where the greater part of the land lies. (1B) For the purposes of this section, “appropriate tribunal” means— (a) in England, the First-tier Tribunal; and (b) in Wales, the Agricultural Land Tribunal.

Agriculture Act 1947

189

The Agriculture Act 1947⁷⁶ is amended as follows.

190

In section 73 (establishment, constitution and procedure of agricultural land tribunals)⁷⁷—

(a) in the heading for “Tribunals” substitute “Tribunal”;

(b) for subsection (1) substitute—

(1) For Wales, there shall continue to be an Agricultural Land Tribunal with the duty of hearing and determining references and applications made to the Agricultural Land Tribunal under any enactment.

(d) in subsection (3)—

(i) for “Agricultural Land Tribunals”, substitute “the Agricultural Land Tribunal”;

(ii) in paragraphs (aa) and (b) at both places, for “Tribunals” substitute “Agricultural Land Tribunal”;

(iii) after paragraph (c) insert—

(d) for the transfer of proceedings for the purposes of section 42 of the Agricultural Holdings Act 1986 (procedure where deceased held more than one holding), where the determination of associated applications concerns one or more holdings in Wales and one or more holdings in England.

(e) in subsection (4), for “Agricultural Land Tribunals”, substitute “the Agricultural Land Tribunal”;

(f) in subsection (5), for “An Agricultural Land Tribunal” substitute “The Agricultural Land Tribunal”.

191

For section 75 (provisions as to land lying partly in one area and partly in another) and the heading to that section substitute—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.