Legislation – Tribunals, Courts and Enforcement Act 2007
Changes to legislation:
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Part 1Tribunals and Inquiries
Chapter 3Transfer of tribunal functions
31Transfers under section 30: supplementary powers
(1)
The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable immediately before its transfer.
(2)
The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person—
(a)
who is the tribunal (but is not the Secretary of State), or
(b)
who is a member of the tribunal, or
(c)
who is an authorised decision-maker for the tribunal,
to (instead or in addition) be the holder of an office specified in subsection (3).
(3)
Those offices are—
(a)
transferred-in judge of the First-tier Tribunal,
(b)
transferred-in other member of the First-tier Tribunal,
(c)
transferred-in judge of the Upper Tribunal,
(d)
transferred-in other member of the Upper Tribunal, and
(e)
deputy judge of the Upper Tribunal.
(4)
Where functions of a tribunal are transferred under section 30(1), the Lord Chancellor must exercise the power under subsection (2) so as to secure that each person who immediately before the end of the tribunal’s life—
(a)
is the tribunal,
(b)
is a member of the tribunal, or
(c)
is an authorised decision-maker for the tribunal,
becomes the holder of an office specified in subsection (3) with effect from the end of the tribunal’s life (if the person is not then already the holder of such an office).
(5)
Subsection (4) does not apply in relation to a person—
(a)
by virtue of the person’s being the Secretary of State, or
(b)
by virtue of the person’s being a Commissioner for the general purposes of the income tax;
and a reference in subsection (4) to the end of a tribunal’s life is to when the tribunal is abolished or (without being abolished) comes to have no functions.
(6)
For the purposes of this section, a person is an “authorised decision-maker” for a tribunal if—
(a)
the tribunal is listed in column 1 of an entry in the following Table, and
(b)
the person is of the description specified in column 2 of that entry.
|
(1) |
(2) |
|---|---|
|
Tribunal |
Authorised decision-maker |
|
Adjudicator to Her Majesty’s Land Registry |
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 |
|
The Secretary of State as respects his function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39) |
Person who is a member of a panel under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 (S.I. 1998/1203) |
|
The Secretary of State as respects his function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38) |
Person appointed, at any time after 2005, under regulation 19(1) of the Estate Agents (Appeals) Regulations 1981 (S.I. 1981/1518) to hear an appeal on behalf of the Secretary of State |
(7)
Where a function of a tribunal is transferred under section 30(1), the Lord Chancellor may by order provide for procedural rules in force immediately before the transfer to have effect, or to have effect with appropriate modifications, after the transfer (and, accordingly, to be capable of being varied or revoked) as if they were—
(a)
Tribunal Procedure Rules, or
(b)
employment tribunal procedure regulations, or Appeal Tribunal procedure rules, within the meaning given by section 42(1) of the Employment Tribunals Act 1996 (c. 17).
(8)
In subsection (7)—
“procedural rules” means provision (whether called rules or not)—
(a)
regulating practice or procedure before the tribunal, and
(b)
applying for purposes connected with the exercise of the function;
“appropriate modifications” means modifications (including additions and omissions) that appear to the Lord Chancellor to be necessary to secure, or expedient in connection with securing, that the procedural rules apply in relation to the exercise of the function after the transfer.
(9)
The Lord Chancellor may, in connection with provision made by order under section 30 or the preceding provisions of this section, make by order such incidental, supplemental, transitional or consequential provision, or provision for savings, as the Lord Chancellor thinks fit, including provision applying only in relation to cases selected by a member—
(a)
of the First-tier Tribunal,
(b)
of the Upper Tribunal,
(c)
of the Employment Appeal Tribunal, or
(d)
of a panel of members of employment tribunals.
(10)
Subsections (1), (2) and (7) are not to be taken as prejudicing the generality of subsection (9).