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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

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220

In the Tribunals and Inquiries Act 1992[^f00097], in Schedule 1 (tribunals under general supervision of Council), omit the entry numbered 27B relating to Land Registration.

Judicial Pensions and Retirement Act 1993

221

The Judicial Pensions and Retirement Act 1993[^f00098] is amended as follows.

222

In Part 2 of Schedule 1[^f00099] (other appointments), omit the entries relating to—

(a) the Adjudicator to Her Majesty’s Land Registry, and

(b) persons authorised by the Adjudicator in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002.

223

In Schedule 5[^f00100] (retirement provisions: the relevant offices), omit the following entries—

(a) “Adjudicator to Her Majesty’s Land Registry”;

(b) “Persons authorised by the Adjudicator to Her Majesty’s Land Registry in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002 to carry out functions which are not of an administrative character”.

Law of Property (Miscellaneous Provisions) Act 1994

224

In the Law of Property (Miscellaneous Provisions) Act 1994[^f00101], in section 17 (notices affecting land: absence of knowledge of intended recipient’s death), in subsection (3)(c), omit “or the Adjudicator to Her Majesty’s Land Registry”.

Land Registration Act 2002

225

The Land Registration Act 2002[^f00102] is amended as follows.

226

In section 73(7) (objections), for “adjudicator”, substitute “First-tier Tribunal”.

227

Omit section 107 (the adjudicator).

228

In section 108 (jurisdiction)—

(a) in subsection (1), for “adjudicator”, substitute “First-tier Tribunal”;

(b) in paragraph (a) of subsection (1), for “him” substitute “it”;

(d) after subsection (4) insert—

(5) The Lord Chancellor may require the registrar to make payments towards expenses of the Lord Chancellor in support of the functions conferred on the First-tier Tribunal by this section.

229

Omit section 109 (procedure).

230

In section 110 (functions in relation to disputes)—

(a) in subsection (1), for “adjudicator”, substitute “First-tier Tribunal” and omit “himself”;

(b) in subsection (2)—

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

(ii) in paragraphs (a) and (b), for “adjudicator”, in both places, substitute “First-tier Tribunal”;

(i) for “Rules”, substitute “Tribunal Procedure Rules”;

(ii) for “adjudicator”, in both places, substitute “First-tier Tribunal”;

(iii) for “the rules”, substitute “Tribunal Procedure Rules”;

(d) in subsection (4), for “adjudicator”, in both places, substitute “First-tier Tribunal”.

231

In section 111 (appeals)—

(a) For subsections (1) and (2), substitute—

(1) Subject to this section, a person aggrieved by a decision of the First-tier Tribunal under this Act may appeal to the Upper Tribunal. (2) An appeal may not be brought under subsection (1) 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)). (2A) An appeal may not be brought under subsection (1) in the case of a decision under paragraph 4 of Schedule 5 (but this does not prevent an appeal on a point of law under section 11 of the Tribunals, Courts and Enforcement Act 2007). (2B) 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). (2C) 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.

(b) in subsection (3)—

(i) after “under this section” insert “or under section 11 of the Tribunals, Courts and Enforcement Act 2007”;

(ii) for “court” in both places, substitute “Upper Tribunal”;

(4) 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.

232

In section 112 (enforcement of orders etc) for “adjudicator” substitute “First-tier Tribunal”.

233

Omit section 113 (fees).

234

Omit section 114 (supplementary).

235

In section 128 (rules, regulations and orders)—

(a) in subsection (4)(b), for “Part 11 or section 121”, substitute “section 121, or”;

(b) omit subsection (4)(c).

236

In section 132 (general interpretation), in subsection (1), omit the entry relating to the adjudicator.

237

In Schedule 5, in paragraph 4 (land registry network: appeals)—

(a) in sub-paragraph (1), for “adjudicator” substitute “First-tier Tribunal”;

(b) in sub-paragraph (2)—

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

(ii) for “he” substitute “the tribunal”;

(iii) for “his” substitute “its”.

238

Omit Schedule 9 (which makes further provision about the adjudicator).

Constitutional Reform Act 2005

239

The Constitutional Reform Act 2005[^f00103] is amended as follows.

240

In Schedule 7 (protected functions of the Lord Chancellor), in the entry relating to the Land Registration Act 2002, for the references to section 107(1) and to Schedule 9, substitute “Section 108(5)”.

241

In Part 3 of Schedule 14 (appointments by the Lord Chancellor: offices to which paragraph 12(2)(d) of Schedule 12 applies) omit the entry relating to the Adjudicator to Her Majesty’s Land Registry.

SCHEDULE 2 — Consequential provisions – secondary legislation

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

The Rent Assessment Committees (England and Wales) Regulations 1971

1

In the Rent Assessment Committees (England and Wales) Regulations 1971[^f00104], after regulation 1 (citation and commencement) insert—

(1A) These Regulations apply in relation to Wales.

The Rent Act 1977 (Forms etc) Regulations 1980

2

The Rent Act 1977 (Forms etc) Regulations 1980[^f00105] are amended as follows.

3

In regulation 8—

(a) for “The register” substitute “Each of the registers”;

(b) after “under” insert “sections 79(1)and 79A(1)”.

4

In Schedule 1—

(a) in Form 1—

(i) in paragraphs 1 and 2(a), for “a Rent Assessment Committee” substitute “the tribunal”; and

(ii) in the Notes, at 1, for “rent assessment committee”, substitute “tribunal”;

(b) in Form 2—

(i) in paragraphs 1 and 2(a) for “Rent Assessment Committee” substitute “tribunal”; and

(ii) in the Notes, at 1(b), for “rent assessment committee” substitute “the tribunal”;

(iii) in the Notes, at 8, for “a Rent Assessment Committee” substitute “the tribunal”;

(d) in Form 6 in paragraph 13, for “rent assessment committee” substitute “tribunal”;

(e) in Form 7 in paragraph 15, for “rent assessment committee” substitute “tribunal”;

(f) in Form 9A in the Notes, in 3, for “rent assessment committee” substitute “tribunal”;

(g) in Forms 12 and 12A, in paragraph 5 of each of those forms, for “rent assessment committee” substitute “tribunal”;

(h) in Form 13 in paragraph 6, for “Rent Assessment Committee” substitute “tribunal”;

(i) in Form 15—

(i) in the headings, for “rent tribunal”, at each place, substitute “tribunal”;

(ii) in the first paragraph, for “Rent Tribunal” substitute “Tribunal”;

(iii) before the paragraph beginning “The dwelling” insert—

(As the dwelling is in Wales, I/We make this application to the rent assessment committee) (As the dwelling is in England, I/We make this application to the First-tier Tribunal).

(j) in Schedule 4 (particulars with regard to the contract to be entered in the register), in paragraph 1, omit “rent”.

The Rent Book (Forms of Notice) Regulations 1982

5

In the Rent Book (Forms of Notice) Regulations 1982[^f00106], in “Part Part 1” of the Schedule—

(a) in the italic instructions preceding paragraph 5 omit “Rent”;

(b) in paragraph 10—

(i) for “Rent Tribunal” in the first place, substitute “First-tier Tribunal (if the premises are in England) or to the Rent Tribunal (if the premises are in Wales)”;

(ii) for “Rent Tribunal” in the second place, substitute “same tribunal”.

The Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988

6

The Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988[^f00107] is amended as follows.

7

For article 3, substitute—

(3) In cases to which this Order applies, the information which must be made available for public inspection by— (a) the president of the rent assessment panel under section 42 of the Housing Act 1988, and (b) the Chamber President of the Property Chamber of the First-tier Tribunal under section 42A of the Housing Act 1988, is the information specified in the Schedule to this Order.

8

In article 4, for “each” substitute “the”.

9

In the Schedule (specified information), in paragraph 11, for “committee” at both places substitute “tribunal”.

The Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993

10

The Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993[^f00108] is amended as follows.

11

In Schedule 1 (Collective Enfranchisement)—

(a) in paragraphs 3(2), 6(1) and 7(2), for “a leasehold valuation tribunal” at each place substitute “ the appropriate tribunal (as defined in section 38)”.

12

In Schedule 2 (lease renewal), in paragraph 7(1) for “a leasehold valuation tribunal” substitute “ the appropriate tribunal (as defined in section 38)”.

The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997

13

The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997[^f00109] are amended as follows.

14

In regulation 3 (prescribed forms), in paragraphs (e) and (f), for “rent assessment committee” substitute “tribunal”.

15

In the Schedule (forms prescribed for the purposes of Part 1 of the Housing Act 1988), in Form No. 5—

(a) in the heading, for “Rent Assessment Committee” substitute “Tribunal”;

(b) after “local rent assessment panel” insert “if the premises are in Wales, or to the First-tier Tribunal if the premises are in England”.

16

In Form No. 6—

(a) in the heading, for “Rent Assessment Committee” substitute “Tribunal”;

(b) for “the local rent assessment committee” substitute “the tribunal”;

(d) after “please send it to your local rent assessment panel” insert “if the premises are in Wales or to the First-tier Tribunal if the premises are in England”;

(e) at paragraphs 12(a) and (b), for “rent assessment committee” substitute “tribunal”;

(f) in the text beginning “cases where this form should not be used”, for “rent assessment committee”, in both places, substitute “tribunal”.

17

In Form No. 9, in paragraph 3, for the paragraph beginning “As an assured shorthold tenant” substitute—

As an assured shorthold tenant, you have the right to apply to a tribunal for the determination of a reasonable rent for the tenancy. An application to the tribunal must be made on the form headed Application to a Tribunal for the determination of a rent under an Assured Shorthold Tenancywithin six months of the beginning of the tenancy. You can obtain the form from the rent assessment panel (if the premises are in Wales), the website of the Ministry of Justice: www.justice.gov.uk or a law stationer.

The Leasehold Reform (Notices) Regulations 1997

18

In the Schedule to the Leasehold Reform (Notices) Regulations 1997[^f00110], in Form 3 (form of landlord’s notice under Part 1 of the Leasehold Reform Act 1967), in Note 3, omit “leasehold valuation”.

The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1997

19

In the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1997[^f00111], after regulation 1 (citation and commencement) insert—

(1A) These Regulations apply in relation to Wales.

The Long Residential Tenancies (Principal Forms) Regulations 1997

20

The Long Residential Tenancies (Principal Forms) Regulations 1997[^f00112] are amended as follows.

21

In regulation 3 (forms), in paragraph (e), for “rent assessment committee” substitute “tribunal”.

22

In the notes to Form 1—

(a) in Note 13, for “rent assessment committee” in both places, substitute “tribunal”;

(b) insert after Note 15—

Note 16: If your property is in England, the reference in Note 13 to “a tribunal” means the First-tier Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.

23

In the notes to Form 3—

(a) in Note 2, for “rent assessment committee” substitute “tribunal (see Note 2A)”;

(b) after Note 2 insert—

Note 2A: If your property is in England, “tribunal” means the First-tier Tribunal or the Upper Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.

(i) for “your local rent assessment committee” substitute “the appropriate tribunal referred to in Note 2A”;

(ii) for “the committee”, at each place, substitute “the tribunal”.

24

In the notes to Form 4—

(a) in Note 3, for “local rent assessment committee” substitute “tribunal”;

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

(d) after 4 insert—

Note 4A: If your property is in England, “tribunal” means the First-tier Tribunal or the Upper Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.

(e) in Note 6, for “a rent assessment committee” substitute “a tribunal (see Note 4A)”.

25

In Form 5—

(a) in the heading, for “Rent Assessment Committee” substitute “Tribunal”;

(b) in the instructions preceding paragraph 1—

(i) for “rent assessment committee” in both places, substitute “tribunal”;

(ii) for “the committee hearing”, substitute “the tribunal hearing”;

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

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

(d) in paragraph 7, for “rent assessment committee”, substitute “appropriate tribunal”;

(e) in the Notes, for “the committee”, at each place, substitute “the tribunal”;

(f) after Note 1 insert—

Note 1A: If your property is in England, “tribunal” means the First-tier Tribunal or where determined by or under Tribunal Procedure Rules, the Upper Tribunal. If your property is in Wales, “a tribunal” means a rent assessment committee.

(g) in Note 4, for “rent assessment committee” substitute “tribunal”.

The Leasehold Valuation Tribunals (Fees) (England) Regulations 2003

26

The Leasehold Valuation Tribunals (Fees) (England) Regulations 2003[^f00113] are revoked.

The Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003

27

The Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003[^f00114] are revoked.

The Leasehold Valuation Tribunals (Procedure) (Amendment) (England) Regulations 2004

28

The Leasehold Valuation Tribunals (Procedure) (Amendment) (England) Regulations 2004[^f00115] are revoked.

The Landlord and Tenant (Notice of Rent) (England) Regulations 2004

29

In the Landlord and Tenant (Notice of Rent) (England) Regulations 2004[^f00116], in the Schedule (form of rent demand notice), in the notes for leaseholders, omit “leasehold valuation”.

The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006

30

In the Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006[^f00117], in article 4 (prescribed requirements), in paragraph (1)(b), for “residential property” substitute “appropriate”.

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

31

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006[^f00118] are amended as follows.

32

In regulations 11(1)(g), 12(1)(g) and 13(1)(f), for “a residential property tribunal” substitute “the First-tier Tribunal”.

33

In regulation 13(3)(f) for “a residential property tribunal or to the Lands Tribunal” substitute “the First-tier Tribunal or to the Upper Tribunal”.

The Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007

34

The Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007[^f00119] are amended as follows.

35

In regulation 2 (overpayments of housing benefit), in paragraph (2), for “residential property tribunal” substitute “First-tier Tribunal”.

36

In regulation 3(3) (costs of proceedings), omit “residential property”.

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

37

The Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007[^f00120] are amended as follows.

38

In regulation 2 (form and content of summary of rights and obligations)—

(a) in paragraphs (4) and (5), for “a leasehold valuation tribunal” substitute “the First-tier Tribunal”;

(b) for paragraphs (6) and (7), substitute—

(6) Where you seek a determination or order from the First-tier Tribunal, you will have to pay an application fee and, where the matter proceeds to an oral hearing, a hearing fee, unless you qualify for fee remission or exemption. Making such an application may incur additional costs, such as professional fees, which you may have to pay. (7) The First-tier Tribunal and the Upper Tribunal (in determining an appeal against a decision of the First-tier Tribunal) have the power to award costs in accordance with section 29 of the Tribunals, Courts and Enforcement Act 2007.

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

39

The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007[^f00121] is amended as follows.

40

In regulation 3 (form and content of summary of rights and obligations of interest)—

(a) in paragraphs (3), (7) and (8), for “a leasehold valuation tribunal” substitute “the First-tier Tribunal”;

(b) for paragraphs (5) and (6) substitute—

(5) Where you seek a determination from the First-tier Tribunal, you will have to pay an application fee and, where the matter proceeds to an oral hearing, a hearing fee, unless you qualify for fee remission or exemption. Making such an application may incur additional costs, such as professional fees, which you may have to pay. (6) The First-tier Tribunal and the Upper Tribunal (in determining an appeal against a decision of the First-tier Tribunal) have the power to award costs in accordance with section 29 of the Tribunals, Courts and Enforcement Act 2007.

The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010

41

The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010[^f00122] are amended as follows.

42

In regulation 5(a) and (b)(i) (additional content of counter-notice), omit “leasehold valuation”.

43

In Schedule 2 (form of claim notice) in Note 1, omit “leasehold valuation”.

44

In Schedule 3 (form of counter-notice) at paragraphs 2 and 3 and at Note 2, omit “leasehold valuation”.

The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011

45

The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011[^f00123] is amended as follows.

46

In article 2 (jurisdiction of residential property tribunals in relation to mobile homes)—

(a) in the heading, omit “residential property”;

(b) for “A residential property tribunal has conferred on it” substitute “The First-tier Tribunal and the Upper Tribunal have conferred on them”;

47

Omit article 4 (amendments to the Housing Act 2004).

The Mobile Homes (Written Statement) (England) Regulations 2011

48

In the Mobile Homes (Written Statement) (England) Regulations 2011[^f00124], in the Schedule (written statement under the Mobile Homes Act 1983 required to be given to a proposed occupier of a pitch)—

(a) in paragraph 6, for “a residential property tribunal” substitute “the First-tier Tribunal”;

(b) in paragraphs 7 and 8 omit “residential property”;

(i) for “a Residential Property Tribunal” substitute “the First-tier Tribunal”;

(ii) for “www.rpts.gov.uk or from your local Residential Property Tribunal Office” substitute “the website of the Ministry of Justice: www.justice.gov.uk ”;

(d) in paragraph 14 for “a Residential Property Tribunal” substitute “a tribunal”.

Residential Property Tribunal Procedure and Fees (England) Regulations 2011

49

The Residential Property Tribunal Procedures and Fees (England) Regulations 2011[^f00125] are revoked.

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

The Reserve and Auxiliary Forces (Agricultural Tenants) Regulations 1959

50

The Reserve and Auxiliary Forces (Agricultural Tenants) Regulations 1959[^f00126] are amended as follows.

51

In regulation 3—

(a) insert after the definition of the “1951 Act”—

“appropriate tribunal” means— the First-tier Tribunal, where the holding which is the subject of a notice to quit or of proceedings to which these Regulations apply is wholly or in the greater part situated in England ; the chairman, where the holding which is the subject of a notice to quit or of proceedings to which these Regulations apply is wholly or in the greater part situated in Wales.

(b) for the interpretation of “chairman” substitute—

“chairman” means the chairman of the Agricultural Land Tribunal established in Wales under section 73 of the Agriculture Act 1947 or a person nominated under paragraph 16(1)(a) or appointed under paragraph 16A of Schedule 9 to that Act to act as chairman, and “secretary means the secretary of that tribunal

52

In regulation 5, for “chairman” in both places, substitute “appropriate tribunal”.

53

In regulation 6, for “chairman” in both places, substitute “appropriate tribunal”.

54

After regulation 7, insert—

(8) Where the appropriate tribunal is the First-tier Tribunal, the application for a direction under these Regulations must be made in writing and the tribunal may require the applicant to furnish such testimonial in support of the application as it may think fit.

The Agricultural Land Tribunals (Areas) Order 1982

55

The Agricultural Land Tribunals (Areas) Order 1982[^f00127] is revoked.

The Farm Woodland Scheme 1988

56

In the Farm Woodland Scheme 1988[^f00128], in paragraph 6—

(a) in sub-paragraph (1)(b), for “Agricultural Land Tribunal” substitute “appropriate tribunal”;

(b) after sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph (1), “appropriate tribunal” means— (a) where the land (or the greater part of the land) is in England, the First-tier Tribunal; and (b) where the land (or the greater part of the land) is in Wales, the Agricultural Land Tribunal.

The Set-Aside Regulations 1988

57

In the Set-Aside Regulations 1988[^f00129], in regulation 12 (change of occupation)—

(a) in paragraph (7)(c), for “Agricultural Land Tribunal” substitute “appropriate tribunal”;

(b) after paragraph (7) insert—

(7A) For the purposes of paragraph (7), “appropriate tribunal” means— (a) where the holding (or the greater part of the holding) is in England, the First-tier Tribunal; and (b) where the holding (or the greater part of the holding) is in Wales, the Agricultural Land Tribunal.

The Farm Woodland Premium Scheme 1992

58

In the Farm Woodland Premium Scheme 1992[^f00130], in paragraph 6—

(a) in sub-paragraph (1)(b), for “Agricultural Land Tribunal” substitute “appropriate tribunal”;

(b) after sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph 6(1), “appropriate tribunal” means— (a) where the land (or the greater part of the land) is in England, the First-tier Tribunal; and (b) where the land (or the greater part of the land) is in Wales, the Agricultural Land Tribunal.

The Farm Woodland Premium Scheme 1997

59

In the Farm Woodland Premium Scheme 1997[^f00131], in paragraph 6 (restriction on approval of applications: resumed land)—

(a) in sub-paragraph (1)(b), for “Agricultural Land Tribunal” substitute “appropriate tribunal”.

(b) after sub-paragraph (1) insert—

(1A) For the purposes of article 6(1), “appropriate tribunal” means— (a) where the land (or the greater part of the land) is in England, the First-tier Tribunal; and (b) where the land (or the greater part of the land) is in Wales, the Agricultural Land Tribunal.

The Agricultural Land Tribunals (Rules) Order 2007

60

The Agricultural Land Tribunals (Rules) Order 2007[^f00132] is amended as follows.

61

In paragraphs (1) and (2) of article 2, for “Tribunals” substitute “Tribunal”.

62

In the Schedule (Agricultural Land Tribunals Rules)—

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

(b) in rule 1 (interpretation)—

(i) in the definition of “the official expert”—

(aa) in both places, omit “the Secretary of State or”;

(bb) omit “, as the case may be,”;

(ii) in the definition of “the Tribunal”, omit from “for the area” to the end;

(c) in rule 21(2) (hearings to be in public), for “Chairman of any Agricultural Land Tribunal” substitute “deputy chairman of the Agricultural Land Tribunal”;

(d) in rule 26(5) (inspection of land or premises by official expert), omit “the Secretary of State or”;

(e) omit rule 37 (reference to the High Court on a question of law);

(f) in rule 38 (modification of Tribunal’s decision following High Court proceedings)—

(i) in paragraph (1) for “High Court” substitute “Upper Tribunal”;

(ii) in paragraph (4) for “reference of any question to the High Court under section 6 of the 1954 Act or on the decision on such a reference” substitute “notification of an appeal to the Upper Tribunal under section 6 of the 1954 Act or the decision upon such an appeal”.

(g) in rule 45(1) (applications under the Land Drainage Act 1991) omit “the Secretary of State or” and “, as the case may be,”.

PART 3 — Provisions consequential upon transfer of functions from and abolition of the Adjudicator to Her Majesty’s Land Registry

The Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003

63

The Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003[^f00133] are amended as follows.

64

In rule 3 (procedure for referral to the adjudicator)—

(a) in the heading, for “adjudicator” substitute “First-tier Tribunal”;

(b) in paragraph (1), in both places, for “adjudicator” substitute “the First-tier Tribunal”;

65

In rule 5 (notice of referral to the adjudicator)—

(a) in the heading, for “adjudicator” substitute “First-tier Tribunal”;

(b) in paragraph (2)(a), for the words from “adjudicator” to “referred to him” substitute “First-tier Tribunal a written notice, accompanied by the documents set out in paragraph (3), stating that the matter is referred to the First-tier Tribunal”;

(d) in paragraph (3), for “adjudicator” substitute “First-tier Tribunal”.

The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003

66

The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003[^f00134] are revoked.

The Land Registration (Acting Adjudicator) Regulations 2003

67

The Land Registration (Acting Adjudicator) Regulations 2003[^f00135] are revoked.

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2006

68

In the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2006[^f00136], in article 2—

(a) in paragraph (1), omit subparagraph (d);

(b) in paragraph (2), omit the entry relating to employment by the Adjudicator to Her Majesty’s Land Registry.

The Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

69

In the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007[^f00137], in the table in article 2 (list of tribunals) omit the entry relating to the Adjudicator to Her Majesty’s Land Registry.

The Network Access Appeal Rules 2008

70

The Network Access Appeal Rules 2008[^f00138] are revoked.

The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) (Amendment) Rules 2008

71

The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) (Amendment) Rules 2008[^f00139] are revoked.

The Land Registration (Network Access) Rules 2008

72

The Land Registration (Network Access) Rules 2008[^f00140] are amended as follows.

73

In rule 8 (termination after notice)—

(a) in paragraph (6), for “adjudicator”, in both places, substitute “First-tier Tribunal”;

(b) in paragraph (8)(e), for “adjudicator or the High Court”, substitute “First-tier Tribunal or the Upper Tribunal”.

74

In rule 10 (suspension of termination pending appeal)—

(a) in paragraph (1), for “adjudicator” substitute “First-tier Tribunal”;

(b) in paragraph (2)(b), for “adjudicator” substitute “First-tier Tribunal”;

SCHEDULE 3 — Transitional and saving provisions

1

Any proceedings before an old tribunal which are pending immediately before 1st July 2013 shall continue on and after that date as proceedings before the First-tier Tribunal.

2

Any case in the process of being referred to an old tribunal on 1st July 2013 shall continue on or after that date as a case being referred to the First-tier Tribunal.

3

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

(2) Where a hearing began before 1st July 2013 but was not completed by that date, the First-tier Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.

(3) The First-tier Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—

(a) apply any provision in procedural rules which applied to the proceedings before 1st July 2013; or

(b) disapply provisions of Tribunal Procedure Rules.

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

(5) Any decision (whether or not called a decision) or direction or order given or made in proceedings which is in force immediately before 1st July 2013 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.

(6) A time period which has started to run before 1st July 2013 and which has not expired shall continue to apply.

(7) An order for costs may only be made if, and to the extent that, an order could have been made before 1st July 2013.

4

Where an appeal lies to the High Court from any decision made by an old tribunal before 1st July 2013, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired before 1st July 2013—

(a) section 11 of the Tribunals, Courts and Enforcement Act 2007[^f00141] (right to appeal to Upper Tribunal),

(b) section 111 of the Land Registration Act 2002[^f00142] as amended by this Order, where the old tribunal is the Adjudicator to Her Majesty’s Land Registry,

(c) section 176B of the Commonhold and Leasehold Reform Act 2002[^f00143] as inserted by this Order, where the old tribunal is a rent assessment committee sitting as a leasehold valuation tribunal, and

(d) section 231A of the Housing Act 2004[^f00144] as inserted by this Order, where the old tribunal is a rent assessment committee sitting as a residential property tribunal,

shall apply as if the decision were a decision made on or after 1st July 2013 by the First-tier Tribunal, and any reference to an old tribunal in an enactment relating to such an appeal, express or otherwise, is to be taken as a reference to the First-tier Tribunal.

5

Where an appeal lies to the High Court from any decision of a rent assessment committee for an area in Wales made before 1st July 2013, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired before 1st July 2013, section 65A(1) of the Rent Act 1977[^f00145] as inserted by this Order shall apply.

6

Where an appeal lies to the High Court from any decision of the Agricultural Land Tribunal in Wales made before 1st July 2013, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired before 1st July 2013, section 6 of the Agriculture (Miscellaneous Provisions) Act 1954[^f00146] as amended by this Order shall apply

7

Staff appointed to an old tribunal before 1st July 2013, apart from those transferring in as members of the First-tier Tribunal, are to be treated on and after that date, for the purpose of any enactment, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services).

8

For the purposes of this Schedule, “an old tribunal” means—

(a) a rent assessment committee functioning as a rent tribunal in England;

(b) a rent assessment committee functioning in that capacity in England;

(d) a rent assessment committee functioning as a leasehold valuation tribunal in England;

(e) an Agricultural Land Tribunal for an area in England;

(f) the Adjudicator to Her Majesty’s Land Registry.

Saving provision

9

Section 11(1) of the Tribunals and Inquiries Act 1992[^f00147] shall continue to apply to any decision given by a rent assessment committee for an area in Wales or an agricultural land tribunal in Wales before 1st July 2013 where the right of appeal has been exercised before 1st July 2013 as if the amendment to it in Schedule 1 had not been made.

Signed

Signed by the authority of the Lord Chancellor

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 29th April 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act created a two-tier tribunal structure; the First-tier Tribunal and the Upper Tribunal (the “new tribunals”) are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable existing tribunals to be transferred into the new structure. This Order gives effect to the transfers as described below and comes into force on 1st July 2013.

Transfer of functions of tribunals Article 2 transfers the functions of rent assessment committees in England (but not Wales) to the First-tier Tribunal and the Upper Tribunal. The Order provides that the decision as to which of the tribunals should exercise the functions will be determined by Tribunal Procedure Rules. Article 3 transfers the functions of Agricultural Land Tribunals in England (but not Wales) to the First-tier Tribunal. Article 4 transfers the functions of the Adjudicator to Her Majesty’s Land Registry to the First-tier Tribunal and abolishes that tribunal. As the transfer in from rent assessment committees and agricultural land tribunals relates only to England, rent assessment committees and the Agricultural Land Tribunal will continue in Wales.

Transfer of members of tribunals Article 5 provides for members of the old tribunals from which functions are being transferred by articles 3 to 5 to hold the offices of transferred-in judge or transferred-in other member of the First-tier Tribunal. One of the transferring-in judges is also to hold the office of deputy judge of the Upper Tribunal.

Appeals to the Upper Tribunal from old tribunals in Wales Paragraph 13 of Schedule 1 inserts a new section 65A of the Rent Act 1977. This creates an onward appeal right on a point of law to the Upper Tribunal from decisions of rent assessment committees in Wales. The onward appeal right to the High Court from those committees is repealed. Paragraph 196 of Schedule 1 amends section 6 of the Agriculture (Miscellaneous Provisions) Act 1954. This creates an onward appeal right on a point of law to the Upper Tribunal from decisions of the Agricultural Land Tribunal in Wales. The onward appeal right to the High Court from that Tribunal is repealed.

Consequential amendments etc Article 6(1) and (2) bring Schedules 1 and 2 into effect. Schedule 1 makes amendments to primary legislation resulting from the transfer of tribunal functions and members provided for in the Order. To a great extent the amendments redirect the existing appeal rights by the replacement of references to the old tribunals with references to the tribunals to which the functions are being transferred. The Order also deletes provisions applicable to the abolished tribunals where provision is made on such matters in the Tribunals, Courts and Enforcement Act 2007 or in Tribunal Procedure Rules made under that Act. As regards rent assessment committees and agricultural land tribunals, amendments are made to the primary legislation that confers jurisdiction on them to ensure that the legislation refers to the new tribunals so far as proceedings relating to England are concerned, but to the old tribunals so far as proceedings relating to Wales are concerned. The Order establishes a process by which a member of the First-tier Tribunal may, if requested, sit as a judge or other member of the Agricultural Land Tribunal or a rent assessment committee in Wales. Where the right of further appeal from a transferring-in tribunal is currently not limited to appeals on a point of law, the Order amends the legislation to retain the wider element of right of appeal which is not provided for by the 2007 Act. These amendments relate to rent assessment committees when sitting as residential property tribunals, leasehold valuation tribunals and to the Adjudicator to Her Majesty’s Land Registry. Schedule 2 contains amendment to delegated legislation. To a great extent they are either revoking in relation to England rules and regulations on procedures and fees which are provided for under the 2007 Act. They also amend various sets of prescribed forms which will continue to be used in certain proceedings.

Transitional and saving provisions Article 6(3) brings Schedule 3 into effect. Schedule 3 makes transitional and saving provisions for the treatment of cases which would previously have been dealt with by the tribunals from which the functions are transferred by articles 3 to 5, or onward appeals from those tribunals, following the coming into force of this Order. The Schedule provides for proceedings which have been started in tribunals from which the functions are transferred to be transferred to the new tribunals; new proceedings will be started in the new tribunals. In transferred cases the following provisions apply: a hearing which has already been commenced but not completed will need to be completed in the new tribunal but comprised of the same members; decisions, directions, orders etc made prior to this Order coming into force will continue in force as if they were decisions, directions or orders etc of the new tribunals; Tribunal Procedure Rules under the 2007 Act will apply to all cases, but the new tribunals will be able to disapply Tribunal Procedure Rules and apply the procedure rules which applied to the transferred in tribunals or make other directions to ensure that proceedings are dealt with fairly; time limits which begin to run before this Order comes into force continue to apply after the Order comes into force. Onward appeals against the decisions of tribunals from which the functions are transferred by articles 3 to 5 are dealt with as follows: as regards decisions of old tribunals given before 1st July 2013, where the appeal right to the High Court has not been exercised before that date, the appeal will be to the Upper Tribunal as if the decision had been made by the First-tier Tribunal. The Order does not transitionally affect cases where the appeal right has been exercised, i.e. where the appeal is pending in the High Court on the date the Order comes into force; as regards decisions of rent assessment committees for an area in Wales and decisions of the Agricultural Land Tribunal in Wales given before 1st July 2013 (which currently attract a right of appeal to the High Court), where the time for appealing has not expired and the right of appeal has not yet been exercised, the appeal will be to the Upper Tribunal.

Footnotes

[^f00001]: 2007 c. 15

[^f00002]: 1951 c. 65. Section 22(1) has been amended by section 117 of and Schedule 15 to the Rent Act 1968 (c. 23), section 155 of and paragraph 9 of Schedule 23 to the Rent Act 1977 (c.42), section 12 of and paragraph 1 of Schedule 1 to the Protection from Eviction Act 1977 (c. 43), and by section 140 of and Part1 of Schedule 17 to the Housing Act 1988 (c. 50). Section 22(3A) was inserted by section 117 of and Schedule 15 to the Rent Act 1968 (c. 23) and amended by section 155 of and paragraph 9 of Schedule 23 to the Rent Act 1977 (c.42).

[^f00003]: 1967 c. 88

[^f00004]: Subsection (4A) was inserted by Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00005]: Subsection (2A) was inserted by Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00006]: Section 21 was amended by paragraph 8 of Schedule 22 to the Housing Act 1980 (c. 51), section 115 of and paragraph 1 of Schedule 11 to the Housing Act 1996 (c. 52), section 149(2) of and paragraphs 1 and 5 of Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15). The heading to section 21 was amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009, S.I. 2009/1307. Section 21(1B) was inserted by paragraph 8 of Schedule 22 to the Housing Act 1980. Section 21(2A) was inserted by paragraph 5 of Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00007]: Section 27(5) was substituted by section 149 of Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00008]: Section 31(2) was amended by paragraph 9 of Schedule 22 to the Housing Act 1980 (c. 51) and by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

[^f00009]: Paragraph 5 of Schedule 1 was amended by paragraph 10 of Schedule 22 the Housing Act 1980 (c. 51).

[^f00010]: Paragraph 2 of Schedule 2 was amended by paragraph 11 of Schedule 22 the Housing Act 1980 (c. 51).

[^f00011]: 1977 c. 42

[^f00012]: Section 72 was substituted by section 61 of the Housing Act 1980 (c. 51).

[^f00013]: Section 72A was inserted by paragraph 47 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c. 6).

[^f00014]: Section 77(1) has been amended by Schedule 26 to the Housing Act 1980 (c. 51) and paragraph 23 of Schedule 17 to the Housing Act 1988 (c. 50).

[^f00015]: Section 78 has been amended by paragraph 42 of Schedule 25 and by Schedule 26 to the Housing Act 1980 (c. 51), paragraph 35 of Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71) and the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651).

[^f00016]: Section 79 has been amended by paragraphs 43 and 44 of Schedule 25 to the Housing Act 1980 (c. 51) and the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651). The functions of the Secretary of State, so far as exercisable in relation to Wales were transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.

[^f00017]: Section 80(1) and (2) were amended by section 70 of and Schedule 18 to the Housing Act 1980 (c. 51).

[^f00018]: Section 81A was inserted by section 71 of the Housing Act 1980 (c. 51) and amended by section 36(4) and Schedule 18 to the Housing Act 1988 (c. 50).

[^f00019]: Section 85 has been amended by paragraph 45 of Schedule 25 to the Housing Act 1980 (c. 51).

[^f00020]: Section 103 has been amended by Schedule 18 to the Housing Act 1988 (c. 50).

[^f00021]: Schedule 10 has been amended. The relevant amendments are those made by paragraph 56 of Schedule 25 to the Housing Act 1980 (c. 51), paragraph 56 of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c. 8) and sections 222 and 227 of and paragraph 22 of Schedule 18 to the Housing Act 1996 (c. 52).

[^f00022]: The relevant amendments to Schedule 11 are those made by Schedule 1 to the Regulated Tenancies (Procedure) Regulations 1980 (S.I. 1980/1696), section 61 of the Housing Act 1980 (c. 51), paragraph 7 of Schedule 2 to the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651) and the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1981 (S.I. 1981/1783) and by the Schedule to the Rent Acts (Maximum Fair Rent) Order 1999 (S.I. 1999/6).

[^f00023]: 1977 c. 43

[^f00024]: Section 8(6) was inserted by section 33 of the Housing Act 1988 (c. 50).

[^f00025]: 1980 c. 51. Section 142 was amended by section 176 and Schedule 13 of the Commonhold and Leasehold Reform Act 2002.

[^f00026]: Section 72 has been amended by section 76 of the Rent Act 1977 (c. 42).

[^f00027]: Section 142 has been amended by Schedule 1 to the Housing (Consequential Provisions) Act 1985 (c. 75).

[^f00028]: 1983 c. 34

[^f00029]: Section 5 was amended to insert entries defining “a tribunal” by the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) and by the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/699).

[^f00030]: 1985 c. 68

[^f00031]: Sections 269(1), 272(2) and (4), 317 and 318 were amended by section 48 of the Housing Act 2004 (c. 34). Other relevant amendments to section 269(1) were made by paragraphs 10 and 14 of Schedule 15 to the Housing Act 2004 (c. 34) and by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

[^f00032]: Section 269A was inserted by section 265 of and paragraphs 10 and 15 of Schedule 15 to the Housing Act 2004.

[^f00033]: Section 318 was also amended by paragraph 38 of Schedule 9 to the Local Government and Housing Act 1989 (c. 42) and paragraphs 10 and 25(a) of Schedule 15 to the Housing Act 2004 (c. 34).

[^f00034]: Section 322 was substituted by paragraphs 10 and 26 of Schedule 15 to the Housing Act 2004 (c. 34).

[^f00035]: Paragraph 11 of Schedule 5 was substituted by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 106. Sub-paragraphs (5A) and (5B) were inserted by section 181 of the Housing Act 2004 (c. 34). Sub-paragraph (5B) was further amended by section 310 of the Housing and Regeneration Act 2008 (c. 17) and by paragraph 176 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Provisions) Order 2009 (S.I. 2009/1307). The amendments inserting subsections (5A) and (5B) are not yet in force in Wales.

[^f00036]: 1985 c. 70

[^f00037]: Sections 20 and 20ZA were substituted by section 151 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00038]: Section 20C was inserted by the Landlord and Tenant Act 1987(c. 31). Subsections (1) and (2) were amended by paragraph 32 of Schedule 15 to the Housing Act 2004 (c. 57) and by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

[^f00039]: Section 21A was inserted by section 152 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00040]: Section 27A was inserted by section 155 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00041]: Section 29 was amended by paragraph 10 of Schedule 2 to the Landlord and Tenant Act 1987 (c. 31).

[^f00042]: Paragraph 8 of the Schedule was substituted by section 83 of the Housing Act 1996 (c. 52). There are other amendments to paragraph 8 which are not relevant.

[^f00043]: 1987 c. 31. Sections 8C, 12A, 12B, 12C, 13, 14, 17, 31 and 52 were substituted by Schedule 6 to the Housing Act 1996 (c. 52). Sections 21 to 24 were amended by section 86(2) of the Housing Act 1996. Sections 35, 37, 39 and 40 were amended by section 163 of the Commonhold and Leasehold Reform Act 2002.

[^f00044]: The definition of “acceptance notice” was substituted by paragraph 3 of Part IV of Schedule 6 to the Housing Act 1996 (c. 52). There are other amendments to section 20(1) which are not relevant.

[^f00045]: The heading to Part 2 was substituted by section 86(2) of the Housing Act 1996 (c. 52).

[^f00046]: Section 21(1) has been amended by section 86 of the Housing Act 1996 (c. 52).

[^f00047]: Section 22(2) and (3) have been amended by section 86 of the Housing Act 1996 (c. 52) and section 160 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00048]: Section 23(1) has been amended by section 86 of the Housing Act 1996 (c. 52) and by section 160 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00049]: Section 24(1) has been amended by section 86 of the Housing Act 1996 (c. 52).

[^f00050]: Section 31 has been amended by paragraph 5 of Part 4 of Schedule 6 to the Housing Act 1996 (c. 52).

[^f00051]: Section 35(1) and (5) has been amended by section 163 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00052]: Section 37(1) has been amended by section 163 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00053]: Section 39(3) has been amended by section 163 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00054]: Section 40(1) has been amended by section 163 of the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00055]: Section 52(1) has been amended by paragraph 6 of Part 4 of Schedule 6 to the Housing Act 1996 (c. 52).

[^f00056]: 1988 c. 50

[^f00057]: Section 14 has been amended by paragraph 17 of Schedule 1 to the Local Government Finance (Housing (Consequential Amendments) Order 1993 (S.I. 1993/651) and paragraph 2 of Schedule 8 to the Housing Act 1996 (c. 52).

[^f00058]: Sections 14A and 14B were inserted by paragraph 8 of Schedule 2 to the Local Government Finance (Housing (Consequential Amendments) Order 1993 (S.I. 1993/651).

[^f00059]: Section 22 has been amended by sections 100, 104 and 227 of and paragraph 2 of Schedule 8 to the Housing Act 1996 (c. 52).

[^f00060]: Section 41A was inserted by paragraph 103 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c. 6).

[^f00061]: Section 41B was inserted by the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651).

[^f00062]: 1989 c. 42. Schedule 10 has been amended by paragraph 20 of Schedule 1 to the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651).

[^f00063]: 1992 c. 53. Section 11 and Schedule 1 have been amended but none of the amendments is relevant.

[^f00064]: 1993 c. 28

[^f00065]: Section 70(1) has been amended by section 118 of the Housing Act 1996 (c. 52).

[^f00066]: Section 88(2) has been amended by paragraph 14 of Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00067]: Section 91 has been amended by sections 176 and 180 of and paragraphs 12 and 15 of Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00068]: Section 94(10) has been amended by section 180 of and Schedule 18 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00069]: Paragraph 8(2) of Schedule 2 has been amended by paragraph 31 of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1).

[^f00070]: Paragraphs 4A and 4B of Schedule 13 were inserted by section 110 of the Housing Act 1996 (c. 52).

[^f00071]: 1996 c. 52. Section 81(1) and (5A) have been amended by sections 170 and 176 of and paragraph 16 of Schedule 13 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00072]: 2002 c. 15

[^f00073]: 2004 c. 34

[^f00074]: Schedule 1 to the Mobile Homes Act 1983 has been substantially amended in relation to England and Wales, by sections 206 to 208 of the Housing Act 2004 (c. 34). It has also been amended by the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003) and the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005). There have been other amendments to that Schedule which are not relevant for the purposes of this Order.

[^f00075]: 1946 c. 73. Section 21(1) was substituted by paragraph 1 of Schedule 1 to the Agriculture Act 1958 (c. 71).

[^f00076]: 1947 c. 48

[^f00077]: Section 73 has been amended by paragraph 3 of Schedule 1 to the Agriculture Act 1958 (c. 71) and by paragraphs 29 and 30 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

[^f00078]: Section 106(7) has been amended by the Pests Act 1954 (c. 68) section 5 and by the Criminal Justice Act 1982 (c. 48) sections 35, 37 and 46.

[^f00079]: Paragraphs 13, 14 and 15 of Schedule 9 have been amended by paragraph 5 of Schedule 1 to the Agriculture Act 1958 (c. 71), paragraph 4 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), paragraph 46 of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c. 8), paragraph 33 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 6 of Schedule 10 to the Courts and Legal Services Act 1990 (c. 41). Paragraphs 22 and 23 of that Schedule have been amended by Part 1 of the Schedule to the Agriculture (Miscellaneous Provisions) Act 1963 (c. 11) and by Schedule 6 to the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62).

[^f00080]: Paragraph 16A was inserted by the Agriculture Act 1958 (c. 71) and amended by paragraph 33 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

[^f00081]: 1954 c. 39

[^f00082]: 1958 c. 69

[^f00083]: 1967 c. 10

[^f00084]: 1973 c. 26

[^f00085]: 1986 c. 5

[^f00086]: 1986 c. 49

[^f00087]: 1991 c. 59

[^f00088]: 1995 c. 8

[^f00089]: 1988 c. 16

[^f00090]: 1972 c. 68

[^f00091]: Section 59 has been amended. Relevant amendments were made by paragraph 3 of Schedule 13 and paragraph 55 of Schedule 14 to the Agricultural Holdings Act 1986 (c. 5).

[^f00092]: Section 31 has been amended by paragraph 222 of Schedule 4 to the Constitutional Reform Act 2005 (c. 5).

[^f00093]: 1995 c. 8. Section 4(2A) was inserted by article 12 of the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805).

[^f00094]: 1972 c. 11. The entry referred to was inserted by the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2006, S.I. 2006/3374.

[^f00095]: 1975 c. 24, as amended by paragraph 9 of Schedule 9 to the Land Registration Act 2002 (c. 9).

[^f00096]: 1975 c. 25. The entry in Schedule 1 relating to the Adjudicator was inserted by paragraph 9 of Schedule 9 to the Land Registration Act 2002 (c. 9).

[^f00097]: 1992 c. 53. The entry in Schedule 1 referred to was inserted by paragraph 8 of Schedule 9 to the Land Registration Act 2002 (c. 9).

[^f00098]: 1993 c. 8

[^f00099]: The entries referred to were inserted by paragraph 8 of Schedule 11 to the Land Registration Act 2002 (c. 9) and by the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No. 3) Order 2008, S.I. 2008/3139 respectively.

[^f00100]: The entries referred to were inserted by paragraph 28 of Schedule 11 to the Land Registration Act 2002 (c. 9) and the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No. 3) Order 2008, S.I. 2008/3139 respectively.

[^f00101]: 1994 c. 36. Section 17(3)(c) was substituted by paragraph 31(1) and (3)(a) of Schedule 11 to the Land Registration Act 2002 (c. 9).

[^f00102]: 2002 c. 9

[^f00103]: 2005 c. 4

[^f00104]: S.I. 1971/1065. The Regulations have been amended but none of the amendments are relevant.

[^f00105]: S.I. 1980/1697. Schedule 1 to the Regulations has been amended by S.I. 1984/1391, 1987/266, 1988/2195, 1993/655, 1997/2971, 2008/2831, 2010/671, 2012/641 and 1988/2195.

[^f00106]: S.I. 1982/1474. The Schedule to the Regulations has been amended by S.I. 1988/2198, 1990/1067, 1993/656 and 1997/2971.

[^f00107]: S.I. 1988/2199, as amended by S.I. 1990/1474 and 1993/657.

[^f00108]: S.I. 1993/2407. The Regulations have been amended but none of the amendments are relevant.

[^f00109]: S.I. 1997/194, as amended by S.I. 2002/337, 2003/260 and 2003/307.

[^f00110]: S.I. 1997/640. Form 3 was substituted in relation to England by S.I. 2002/3209 and in relation to Wales by S.I. 2003/991.

[^f00111]: S.I. 1997/1854

[^f00112]: S.I. 1997/3008, as amended by S.I. 2002/233, 2002/2227 and 2010/671.

[^f00113]: S.I. 2003/2098 as amended by S.I. 2008/1879.

[^f00114]: S.I. 2003/2099 as amended by S.I. 2004/3098 and 2008/2683.

[^f00115]: S.I. 2004/3098

[^f00116]: S.I. 2004/3096

[^f00117]: S.I. 2006/367 as amended by S.I. 2012/2625.

[^f00118]: S.I. 2006/373. Relevant amendments were made by S.I. 2007/1903 and 2009/1307.

[^f00119]: S.I. 2007/572

[^f00120]: S.I. 2007/1258 as amended by S.I. 2009/1307.

[^f00121]: S.I. 2007/1257

[^f00122]: S.I. 2010/825

[^f00123]: S.I. 2011/1005

[^f00124]: S.I. 2011/1006

[^f00125]: S.I. 2011/1007

[^f00126]: S.I. 1959/84

[^f00127]: S.I. 1982/97

[^f00128]: S.I. 1988/1291. The Scheme has been amended but none of the amendments are relevant.

[^f00129]: S.I. 1988/1352. Relevant amendments were made by S.I. 1990/1716.

[^f00130]: S.I. 1992/905

[^f00131]: S.I. 1997/829

[^f00132]: S.I. 2007/3105

[^f00133]: S.I. 2003/2114

[^f00134]: S.I. 2003/2171 as amended by S.I. 2008/1731.

[^f00135]: S.I. 2003/2342

[^f00136]: S.I. 2006/3374

[^f00137]: S.I. 2007/2951

[^f00138]: S.I. 2008/1730

[^f00139]: S.I. 2008/1731

[^f00140]: S.I. 2008/1748

[^f00141]: 2007 c. 15

[^f00142]: 2002 c. 9

[^f00143]: 2002 c. 15

[^f00144]: 2004 c. 34

[^f00145]: 1977 c. 42

[^f00146]: 1954 c. 39

[^f00147]: 1992 c. 53

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