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Tribunals and Inquiries Act 1992

1992 CHAPTER 53

An Act to consolidate the Tribunals and Inquiries Act 1971 and certain other enactments relating to tribunals and inquiries.

[16th July 1992]

BE IT ENACTEDby the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act restricted (S.) (27.5.1997) by 1997 c. 8, ss. 10(8), 278(2) (with s. 20)

C2Act applied (with modifications) (S.) (27.5.1997) by 1997 c. 8, ss. 15(6), 278(2) (with s. 20)

Act applied (with modifications) (S.) (27.5.1997) by 1997 c. 8, ss. 50(3), 278(2), Sch. 5 para. 7(4) (with ss. 64, 219)

Act applied (with modifications) (S.) (27.5.1997) by 1997 c. 9, ss. 20(4), 35(5), 83(2), Sch. 3 para. 7(1) (with s. 45(4))

Act applied (with modifications) (S.) (27.5.1997) by 1997 c. 10, ss. 19(10), 40(2), Sch. para. 7(1) (with ss. 9(3), 10(5), 39(6))

Act: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)

C3Act extended (with modifications) (S.) (27.5.1997) by 1997 c. 8, ss. 48(9), 131(4), 154(5), 169(10), 180(7), 278(2), Sch. 4 para. 8(1) (with ss. 64, 219)

C4Act modified (S.) (27.5.1997) by 1997 c. 8, ss. 69(4), 278(2), Sch. 6 para. 5(4) (with ss. 64, 219)

Act modified (E.W.S.) (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 8(4) (with ss. 64, 219)

Commencement Information

I1Act wholly in force at 1.10.1992. see s. 19(2)

The Council on Tribunals and their functionsU.K.

1The Council on Tribunals.U.K.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Composition of the Council and the Scottish Committee.U.K.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Tenure of office, remuneration and expenses.U.K.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Reports of, and references to, Council and Scottish Committee.U.K.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition and procedure of tribunals and inquiriesU.K.

5 Recommendations of Council as to appointment of members of tribunals.U.K.

(1)Subject to section 6 but without prejudice to the generality of section 1(1)(a), the Council may make to the appropriate Minister general recommendations as to the making of appointments to membership of any tribunals mentioned in Schedule 1 or of panels constituted for the purposes of any such tribunals; and (without prejudice to any statutory provisions having effect with respect to such appointments) the appropriate Minister shall have regard to recommendations under this section.

(2)In this section “the appropriate Minister”, in relation to appointments of any description, means the Minister making the appointments or, if they are not made by a Minister, the Minister in charge of the government department concerned with the tribunals in question.

(3)The following provisions shall have effect as respects any tribunal specified in Part II of Schedule 1—

(a)the Council shall not make any recommendations under this section until—

(i)they have referred the matter of the recommendations for consideration, and report to the Council, by the Scottish Committee, and

(ii)they have considered the report of that Committee,

(b)without prejudice to the generality of section 4(5), the Scottish Committee may of its own motion propose any such general recommendations as expedient to be made by the Council to the appropriate Minister, and

(c)if the Council—

(i)in making recommendations under this section on any matter which they have referred to the Scottish Committee or on which that Committee has made proposals, do not adopt the report or proposals of that Committee without modification, or

(ii)do not make recommendations on matters on which the Scottish Committee has made proposals to the Council,

the Scottish Committee may submit its report or proposals to the [F5Scottish Ministers].

Textual Amendments

6 Appointment of chairmen of certain tribunals.U.K.

(1)The chairman, or any person appointed to act as chairman, of any of the tribunals to which this subsection applies shall (without prejudice to any statutory provisions as to qualifications) be selected by the appropriate authority from a panel of persons appointed by the Lord Chancellor.

(2)Members of panels constituted under this section shall hold and vacate office under the terms of the instruments under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.

(3)Subsection (1) applies to any tribunal specified in [F6paragraph 7(b) or 38(a)] of Schedule 1.

[F7(4)In relation to the tribunals specified in paragraph 41(a), (b) and (c) of Schedule 1, this section has effect subject to sections 41 (social security appeal tribunals), 43 (disability appeal tribunals) and 50 (medical appeal tribunals) of the M1Social Security Administration Act 1992.]

(5)The person or persons constituting any tribunal specified in paragraph 31 of Schedule 1 shall be appointed by the Lord Chancellor, and where such a tribunal consists of more than one person the Lord Chancellor shall designate which of them is to be the chairman.

(6)In this section, “the appropriate authority” means the Minister who apart from this Act would be empowered to appoint or select the chairman, person to act as chairman, members or member of the tribunal in question.

(7)A panel may be constituted under this section for the purposes either of a single tribunal or of two or more tribunals, whether or not of the same description.

(8)In relation to any of the tribunals referred to in this section which sits in Scotland, this section shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Lord President of the Court of Session.

(9)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Words in s. 6(3) substituted (1.6.1999, 18.10.1999, 29.11.1999 for specified purposes otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 118(1); S.I. 1999/1510, art. 2(g)(vi); S.I. 1999/2860, art. 2(c), Sch.; S.I. 1999/3178, 2(1)(2), Sch.

F7S. 6(4) repealed (18.10.1999, 29.11.1999 for specified purposes otherwiseprosp.) by 1998 c. 14, ss. 86(1)(2), 87(2), Sch. 7 para. 118(2), Sch. 8; S.I. 1999/2860, art. 2(c), Sch.; S.I. 1999/3178, art. 2(1)(2), Sch.

Marginal Citations

7 Concurrence required for removal of members of certain tribunals.U.K.

(1)Subject to subsection (2), the power of a Minister F9. . . to terminate a person’s membership of any tribunal specified in Schedule 1, or of a panel constituted for the purposes of any such tribunal, shall be exercisable only with the consent of—

(a)the Lord Chancellor [F10(unless he is the Minister terminating the person's membership), the Lord Chief Justice of England and Wales,] the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, if the tribunal sits in all parts of the United Kingdom;

(b)the Lord Chancellor [F10(unless he is the Minister terminating the person's membership), the Lord Chief Justice of England and Wales,] and the Lord President of the Court of Session, if the tribunal sits in all parts of Great Britain;

(c)the Lord Chancellor [F10(unless he is the Minister terminating the person's membership), the Lord Chief Justice of England and Wales,] and the Lord Chief Justice of Northern Ireland, if the tribunal sits both in England and Wales and in Northern Ireland;

(d)the Lord Chancellor [F11(unless he is the Minister terminating the person's membership) and the Lord Chief Justice of England and Wales], if the tribunal does not sit outside England and Wales;

(e)the Lord President of the Court of Session, if the tribunal sits only in Scotland;

(f)the Lord Chief Justice of Northern Ireland, if the tribunal sits only in Northern Ireland.

(2)This section does not apply to any tribunal specified in paragraph 3 F12. . ., 12, 14 [F1315(f)], 17, 18 F12. . ., 26, 33(a), [F1433AA]. . . 34, 35 F15. . . (e) [F16[F17(i), (j), (k) or (l)]], 36(a) [F1836AF19. . . ], 39(b), 40, [F20 48 or 56(a)][F21 or 57A] of Schedule 1.

(3)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Words in s. 7(2) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 334

F18Word in s. 7(2) inserted (E.W.) (1.4.1999) by 1996 c. 16, s. 103(1), Sch. 7 para. 45; S.I. 1999/533, art. 2(a)

F20Words in s. 7(2) substituted (in force for specified purposes 18.10.1999 otherwiseprosp.) by virtue of 1998 c. 14, s. 86(1), Sch. 7 para. 119; S.I. 1999/2860, art. 2(c), Sch. 1

F21Words in s. 7(2) substituted (1.8.1996) by 1994 c. 29, s. 44, Sch. 5, para. 39(b); S.I. 1996/1646, art. 2, Sch.

8 Procedural rules for tribunals.U.K.

(1)The power of a Minister, the Lord President of the Court of Session, the Commissioners of Inland Revenue or the Foreign Compensation Commission to make, approve, confirm or concur in procedural rules for any tribunal specified in Schedule 1 shall be exercisable only after consultation with the Council.

F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Council shall consult the Scottish Committee in relation to the exercise of their functions under this section [F24 with respect to any tribunal specified in Part 2 of Schedule 1]

(4)In this section “procedural rules” includes any statutory provision relating to the procedure of the tribunal in question.

Textual Amendments

F23S. 8(2) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 335(2)

F24Words in s. 8(3) substituted for s. 8(3)(a)(b) (1.12.2001) by S.I. 2001/3649, arts. 1, 335(3)

9 Procedure in connection with statutory inquiries.U.K.

(1)The Lord Chancellor, after consultation with the Council, may make rules regulating the procedure to be followed in connection with statutory inquiries held by or on behalf of Ministers; and different provision may be made by any such rules in relation to different classes of such inquiries.

(2)Any rules made by the Lord Chancellor under this section shall have effect, in relation to any statutory inquiry, subject to the provisions of the enactment under which the inquiry is held, and of any rules or regulations made under that enactment.

(3)Subject to subsection (2), rules made under this section may regulate procedure in connection with matters preparatory to such statutory inquiries as are mentioned in subsection (1), and in connection with matters subsequent to such inquiries, as well as in connection with the conduct of proceedings at such inquiries.

(4)In the application of this section to inquiries held in Scotland—

(a)for any reference to the Lord Chancellor there shall be substituted a reference to the Lord Advocate, and

(b)the Council, in exercising their functions under this section in relation to rules to be made by the Lord Advocate, shall consult with the Scottish Committee.

Modifications etc. (not altering text)

C8S. 9: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Judicial control of tribunals etc.U.K.

10 Reasons to be given for decisions of tribunals and Ministers.U.K.

(1)Subject to the provisions of this section and of section 14, where—

(a)any tribunal specified in Schedule 1 gives any decision, or

(b)any Minister notifies any decision taken by him—

(i)after a statutory inquiry has been held by him or on his behalf, or

(ii)in a case in which a person concerned could (whether by objecting or otherwise) have required a statutory inquiry to be so held,

it shall be the duty of the tribunal or Minister to furnish a statement, either written or oral, of the reasons for the decision if requested, on or before the giving or notification of the decision, to state the reasons.

(2)The statement referred to in subsection (1) may be refused, or the specification of the reasons restricted, on grounds of national security.

(3)A tribunal or Minister may refuse to furnish a statement under subsection (1) to a person not primarily concerned with the decision if of the opinion that to furnish it would be contrary to the interests of any person primarily concerned.

(4)Subsection (1) does not apply to any decision taken by a Minister after the holding by him or on his behalf of an inquiry or hearing which is a statutory inquiry by virtue only of an order made under section 16(2) unless the order contains a direction that this section is to apply in relation to any inquiry or hearing to which the order applies.

(5)Subsection (1) does not apply—

(a)to decisions in respect of which any statutory provision has effect, apart from this section, as to the giving of reasons,

(b)to decisions of a Minister in connection with the preparation, making, approval, confirmation, or concurrence in regulations, rules or byelaws, or orders or schemes of a legislative and not executive character, F25. . .

F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any statement of the reasons for a decision referred to in paragraph (a) or (b) of subsection (1), whether given in pursuance of that subsection or of any other statutory provision, shall be taken to form part of the decision and accordingly to be incorporated in the record.

(7)If, after consultation with the Council, it appears to the Lord Chancellor F27. . . that it is expedient that—

(a)decisions of any particular tribunal or any description of such decisions, or

(b)any description of decisions of a Minister,

should be excluded from the operation of subsection (1) on the ground that the subject-matter of such decisions, or the circumstances in which they are made, make the giving of reasons unnecessary or impracticable, the Lord Chancellor F27. . . may by order direct that subsection (1) shall not apply to such decisions.

(8)Where an order relating to any decisions has been made under subsection (7), the Lord Chancellor F27. . . may, by a subsequent order made after consultation with the Council, revoke or vary the earlier order so that subsection (1) applies to any of those decisions.

Textual Amendments

F26S. 10(5)(c) repealed (6.4.1997) by 1995 c. 26, ss. 151, 177, Sch. 5 para. 16(3), Sch. 7 Pt. III

F27Words in s. 10(7)(8) omitted (1.7.1999) by virtue of S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 11; S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C9S. 10(7)(8): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

11 Appeals from certain tribunals.U.K.

(1)Subject to subsection (2), if any party to proceedings before any tribunal specified in paragraph 8, [F2815(a) or (d)], 16, F29. . ., 24, 26, 31, 33(b), 37 [F30, 40A][F31, 40B], 44 or 45 of Schedule 1 is dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal from the tribunal to the High Court or require the tribunal to state and sign a case for the opinion of the High Court.

(2)[F32This section] shall not apply in relation to—

[F33(a)]proceedings before [F34employment tribunals] which arise under or by virtue of any of the enactments mentioned in section [F3521(1) of [F34the Employment Tribunals Act 1996]][F36; or

(b)proceedings under section 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) (reallotment of real burden).]

(3)Rules of court made with respect to all or any of the tribunals referred to in subsection (1) may provide for authorising or requiring a tribunal, in the course of proceedings before it, to state, in the form of a special case for the decision of the High Court, any question of law arising in the proceedings; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the Court within the meaning of section 16 of the M2Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals from judgments of the High Court).

(4)In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—

(a)the giving of any decision which might have been given by the tribunal;

(b)the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the tribunal;

(c)the giving of directions to the tribunal;

and different provisions may be made for different tribunals.

(5)An appeal to the Court of Appeal shall not be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The following provisions shall have effect for the application of this section to Scotland—

(a)in relation to any proceedings in Scotland of any of the tribunals referred to in the preceding provisions of this section, F38. . . this section shall have effect with the following modifications—

(i)for references to the High Court or the Court of Appeal there shall be substituted references to the Court of Session,

(ii)in subsection (3) for “in the form of a special case for the decision of the High Court” there shall be substituted “ a case for the opinion of the Court of Session on ” and the words from “and a decision” to the end of the subsection shall be omitted, and

(iii)subsection (5) shall be omitted,

(b)this section shall apply, with the modifications specified in paragraph (a)—

(i)to proceedings before any such tribunal as is specified in paragraph 51, 56(b), 59 or 63 of Schedule 1, and

(ii)subject to paragraph (c) below, to proceedings before the Lands Tribunal for Scotland,

as it applies to proceedings before the tribunals referred to in subsection (1);

(c)subsection (1) shall not apply in relation to proceedings before the Lands Tribunal for Scotland which arise under section 1(3A) of the M3Lands Tribunal Act 1949 (jurisdiction of the tribunal in valuation matters);

(d)an appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.

(8)In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) F39. . . this section shall have effect with the following modifications—

(a)in subsection (3), for the words from the beginning to “provide” there shall be substituted “ Rules may be made under section 55 of the M4Judicature (Northern Ireland) Act 1978 providing ”, and for “section 16 of the Supreme Court Act 1981” there shall be substituted “ section 35 of the Judicature (Northern Ireland) Act 1978 ”;

(b)in subsection (4), for “the power to make rules of court shall include power to make rules” there shall be substituted “ rules may be made under section 55 of the Judicature (Northern Ireland) Act 1978 ”;

(c)at the beginning of subsection (5), there shall be inserted “ Rules made under section 55 of the Judicature (Northern Ireland) Act 1978, relating to such proceedings as are mentioned in subsection (4), shall provide that the appeal shall be heard, or as the case may be, the decision of the High Court shall be given, by a single judge, but ”.

(9)Her Majesty may by Order in Council direct that all or any of the provisions of this section, so far as it relates to proceedings in the Isle of Man or any of the Channel Islands of the tribunal specified in paragraph 45 of Schedule 1, shall extend to the Isle of Man or to any of the Channel Islands subject to such modifications as may be specified in the Order.

(10)In this section “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly.

Textual Amendments

F28Words in s. 11(1) substituted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 20(a) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F29Word in s. 11(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 336

F30Words in s. 11(1) inserted (17.12.1992) by Sea Fish (Conservation) Act 1992 (c. 60), s. 9(2) (with s. 11(4)).

F31Words in s. 11(1) inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 20(b) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F32Words in s. 11(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 57

F33Words in s. 11(2) re-numbered as s. 11(2)(a) (S.) (1.11.2003) by virtue of 2000 asp 5, ss. 22(a), 77 (with ss. 58, 62, 75); S.S.I. 2003/455, art. 2

F34Words in s. 11(2) substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(b)(c), 16(3)(c); S.I. 1998/1658, art. 2(1), Sch. 1

F35Words in s. 11(2) substituted (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 9(2) (with s. 38)

F36S. 11(2)(b) and preceding word inserted (S.) (1.11.2003) by 2000 asp 5, ss. 22(b), 77 (with ss. 58, 62, 75); S.S.I. 2003/455, art. 2

F38Words in s. 11(7)(a) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 70, 71, Sch. 4 (with Sch. 3 para. 27(2)); S.I. 2007/3300, art. 3(2), Sch. 2

Modifications etc. (not altering text)

C10S. 11 excluded (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 291(3), 302.

S. 11: power to modify conferred (1.9.1994) by 1994 c. 23, ss. 86(2), 101(1) (with Sch. 13 para. 9)

S. 11 excluded (E.W.S.) (3.1.1995) by 1973 c. 35, s. 3D(2) (as inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 para. 1(3); 1994/3188, art. 3(p))

S. 11 excluded (1.10.1994) by S.I. 1994/1978, art. 2

S. 11 extended (8.5.1998) by 1997 c. 66, ss. 45, 46; S.I. 1998/1028, art. 2

C11S. 11(1)(3)-(5)(10) extended (with modifications) (I.O.M.) (1.1.1993) by S.I. 1992/3205, art. 2

C12S. 11(1) excluded (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 175(8), 181(1); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2 para. 13)

C13S. 11(1) excluded (4.7.2005 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 231(4), 270; S.I. 2005/1729, art. 2(a) (subject to art. 3); S.I. 2006/1535, art. 2(a) (with art. 3, Sch.)

C16By Sch. 3 para. 106 it is provided that the word ", 40B" in s. 11(1) is omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 106 (with Sch. 4 para. 7(2))

Marginal Citations

M41978 C. 23.

12 Supervisory functions of superior courts not excluded by Acts passed before 1st August 1958.U.K.

(1)As respects England and Wales—

(a)any provision in an Act passed before 1st August 1958 that any order or determination shall not be called into question in any court, or

(b)any provision in such an Act which by similar words excludes any of the powers of the High Court,

shall not have effect so as to prevent the removal of the proceedings into the High Court by order of certiorari or to prejudice the powers of the High Court to make orders of mandamus.

(2)As respects Scotland—

(a)any provision in an Act passed before 1st August 1958 that any order or determination shall not be called into question in any court, or

(b)any provision in such an Act which by similar words excludes any jurisdiction which the Court of Session would otherwise have to entertain an application for reduction or suspension of any order or determination, or otherwise to consider the validity of any order or determination,

shall not have effect so as to prevent the exercise of any such jurisdiction.

(3)Nothing in this section shall apply—

(a)to any order or determination of a court of law, or

(b)where an Act makes special provision for application to the High Court or the Court of Session within a time limited by the Act.

Supplementary provisionsU.K.

13 Power to apply Act to additional tribunals and to repeal or amend certain provisions.U.K.

(1)The Lord Chancellor F40. . . may by order amend Part I or Part II of Schedule 1 by adding to that Part any such tribunals, other than any of the ordinary courts of law, as may be provided by the order.

(2)The Lord Chancellor F40. . . may by order make provision, as respects any tribunal for the time being specified in Schedule 1, not being a tribunal mentioned in section 6, for amending that section so as to apply any of the provisions of that section to the tribunal or for providing for the appointment by the Lord Chancellor, the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland of the chairman of the tribunal and of any person to be appointed to act as chairman.

(3)The Lord Chancellor F40. . . may by order amend section 11 so as to apply that section to any tribunal for the time being specified in Schedule 1.

(4)Any order under subsection (1), (2) or (3) may make any such adaptations of the provisions of this Act as may be necessary or expedient in consequence of the order.

(5)The Lord Chancellor F40. . . may by order—

(a)repeal or amend section 7(3) of this Act or any of paragraphs 5 F41. . ., 9, 13, 16, 20, 22, 23, 24, 29, 30, 32, 35(a) F42. . ., 37, 39(c), 43, 44, 47, 49, 51, 54, 55, 56(d), 57(a), 58, 59 and 63 of Schedule 1;

[F43(b)repeal the reference in section 6 to paragraph 43 of Schedule 1;]

(c)repeal F44. . . the reference in section 14(1) to paragraph 20 of Schedule 1;

(d)repeal the references in section 11 to any of paragraphs 16, 24, 37, 44, 51, 59 and 63 of Schedule 1; and

(e)repeal the references in paragraphs 21 and 53 of Schedule 1 to sections 16, 17B and 25 of the M5Forestry Act 1967.

(6)Nothing in this section authorises the making of an order with respect to a tribunal having jurisdiction only over matters with respect to which the Parliament of Northern Ireland had power to make laws.

Textual Amendments

F40Words in s. 13(1)(2)(3)(5) omitted (1.7.1999) by virtue of S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 11 (with art. 7); S.I. 1998/3178, art. 3

F41Word in s. 13(5)(a) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 337

F42Words in s. 13(5)(a) repealed (6.4.1997) by 1995 c. 26, ss. 151, 177, Sch. 5 para. 16(4), Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt.II

F43S. 13(5)(b) repealed (29.11.1999 for specified purposes otherwise prosp.) by 1998 c. 14, ss. 86(1)(2), 87(2), Sch. 7 para. 120(b), Sch. 8; S.I. 1999/3178, art. 2(1)(2), Sch. 1

Modifications etc. (not altering text)

C17S. 13: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Marginal Citations

14 Restricted application of Act in relation to certain tribunals.U.K.

(1)References in this Act to the working or a decision of, or procedural rules for,—

(a)any tribunals specified in paragraph 14(a), 20, 33, 34, 39(a) or (b), 40, 48, 56 or 60 of Schedule 1,

(b)[F45the Office of Fair Trading] referred to in paragraph 17 of Schedule 1, or

(c)the Controller of Plant Variety Rights referred to in paragraph 36(a) of Schedule 1,

do not include references to their working, decisions or procedure in the exercise of executive functions.

[F46(1A)In this Act—

(a)references to the working of the Pensions Regulator referred to in paragraph 35(i) of Schedule 1 are references to its working so far as relating to the exercise of its regulatory functions (within the meaning of section 93(2) of the Pensions Act 2004) or any corresponding function conferred by a provision in force in Northern Ireland, and

(b)references to procedural rules for the Pensions Regulator are references to regulations under paragraph 19 of Schedule 1 to that Act (Secretary of State’s powers to make regulations in respect of Regulator’s procedure) so far as they relate to the procedure to be followed when exercising those functions.]

F47(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of this Act, the functions of the Civil Aviation Authority referred to in paragraph 3 of Schedule 1 are to be taken to be confined to those prescribed for the purposes of section 7(2) of the M6Civil Aviation Act 1982.

Textual Amendments

F45Words in S. 14(1)(b) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279 , Sch. 25 para. 27(3); S.I. 2003/766, art. 2 Sch. (with art. 3)

Marginal Citations

15 Rules and orders.U.K.

Any power of the Lord Chancellor and the Lord Advocate or either of them to make rules or orders under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

16 Interpretation.U.K.

(1)In this Act, except where the context otherwise requires—

  • decision”, “procedural rules” and “working”, in relation to a tribunal, shall be construed subject to section 14,

  • [F48Council” means the Administrative Justice and Tribunals Council,]

  • [F49enactment” includes an Act of the Scottish Parliament,]

  • Minister” includes [F50the [F51Welsh Ministers] and] any Board presided over by a Minister,

  • [F52Scottish Committee” means the Scottish Committee of the Administrative Justice and Tribunals Council,]

  • statutory inquiry” means—

    (a)

    an inquiry or hearing held or to be held in pursuance of a duty imposed by any statutory provision, or

    (b)

    an inquiry or hearing, or an inquiry or hearing of a class, designated for the purposes of this section by an order under subsection (2), and

  • statutory provision” means a provision contained in, or having effect under, any enactment.

(2)The Lord Chancellor F53. . . may by order designate for the purposes of this section any inquiry or hearing held or to be held in pursuance of a power conferred by any statutory provision specified or described in the order, or any class of such inquiries or hearings.

(3)References in this Act to members of tribunals include references to the person constituting a tribunal consisting of one person.

Textual Amendments

F50S. 16(1): words in the definition of “Minister”inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 33 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F51Words in s. 16(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 38 (with Sch. 11 para. 22) (the amending provision coming into force immediately after the 2007 election (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of the initial period (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act)

Modifications etc. (not altering text)

C18S. 16(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

17 Transitory provisions.U.K.

The transitory provisions in Schedule 2 to this Act shall have effect.

18 Consequential amendments, repeals and saving.U.K.

(1)The enactments specified in Schedule 3 shall have effect subject to the amendments there specified, being amendments consequential on this Act.

(2)The enactments specified in Part I of Schedule 4 are hereby repealed to the extent specified in the third column of that Part; and the orders specified in Part II of that Schedule are hereby revoked.

(3)Notwithstanding the repeal by this Act of Schedule 3 to the M7Tribunals and Inquiries Act 1971, section 3(12)(a) of the M8Lands Tribunal Act 1949 shall continue to have effect with the substitution for paragraph (a) of the following paragraph—

(a)Subsection (4) of this section shall not apply;.

Marginal Citations

19 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Tribunals and Inquiries Act 1992.

(2)This Act shall come into force on 1st October 1992.

(3)This Act extends to Northern Ireland.

SCHEDULES

Section 1.

SCHEDULE 1U.K. TRIBUNALS UNDER GENERAL SUPERVISION OF COUNCIL

Modifications etc. (not altering text)

C19Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 38

Part IU.K. TRIBUNALS UNDER DIRECT SUPERVISION OF COUNCIL

Matters with which tribunal concernedTribunal and statutory authority
Agriculture1. (a) The Agricultural Land Tribunals established under section 73 of the Agriculture Act 1947 (c. 48);
(b) arbitrators appointed (otherwise than by agreement) under [F54section 84 of] the Agricultural Holdings Act 1986 (c. 5).
Aircraft and shipbuilding industries2. The Aircraft and Shipbuilding Industries Arbitration Tribunal established under section 42 of the Aircraft and Shipbuilding Industries Act 1977 (c. 3).
[F55Asylum-seekers support][F552A. Asylum Support Adjudicators established under section 102 of the Immigration and Asylum Act 1999.]
[F56Antarctica]

[F562A.The Tribunal established under Regulation 11 of the M9Antarctic Regulations 1995.]

Aviation3. The Civil Aviation Authority established under section 2 of the Civil Aviation Act 1982 (c. 16).
F57. . .F57. . .
Betting levy5. An appeal tribunal for England and Wales established under section 29 of the Betting, Gaming and Lotteries Act 1963 (c. 2).
F57. . .F57. . .
[F58Charities6A. The Charity Tribunal constituted under section 2A of, and Schedule 1B to, the Charities Act 1993.]
Child support maintenance7. [F59(a) Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14)];
(b) a Child Support Commissioner appointed under section 22 of [F60the Child Support Act 1991 (c.48)] and any tribunal presided over by such a Commissioner.
Children’s homes, voluntary homes, nursing homes, mental nursing homes and residential care homes.8. Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984 (c. 23).
[F61Claims management servicesThe Claims Management Services Tribunal established by the Compensation Act 2006.]
Commons9. The Commons Commissioners and assessors appointed under section 17(2) and (3) of the Commons Registration Act 1965 (c. 64).
[F62Competition] [F629A. [F63The Competition Appeal Tribunal established under section 12 of the Enterprise Act 2002]]
Conveyancing10. A Conveyancing Appeals Tribunal constituted under section 39 of the Courts and Legal Services Act 1990 (c. 41).
Copyright11. The Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 (c. 48).
Criminal injuries compensation[F6412. The adjudicators appointed under section 5 of the Criminal Injuries Compensation Act 1995 (c 53).]
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F66Data protection]

[F66 14.

(a) [F67The Information Commissioner] appointed under section 6 of the Data Protection Act 1998;

[F68(b)the Information Tribunal constituted under that section, in respect of its jurisdiction under—

(i) section 48 of that Act], and

(ii)section 57 of the Freedom of Information Act 2000.]

Education15. (a) Independent Schools Tribunals constituted under [F69section 476 of, and Schedule 34 to, the Education Act 1996 (c. 56)];
[F70(b) exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002
F70(c) admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998];
(d) a tribunal constituted in accordance with [F71Schedule 3 to the Education Act 2005]
F72(e). . .
[F73(f) an adjudicator appointed under section 25 of the School Standards and Framework Act 1998.]
Employment16. The [F74employment tribunals] for England and Wales established under [F75section 1(1) of [F74the Employment Tribunals Act 1996] (c. 17)].
Fair trading17. [F76The Office of Fair Trading in respect of its functions under the Consumer Credit Act 1974 and the Estate Agents Act 1979, and any member of its staff authorised to exercise those functions.]
[F77Financial services and markets][F7718. The Financial Services and Markets Tribunal.]
Food19. Tribunals constituted in accordance with regulations under Part II of the Food Safety Act 1990 (c. 16).
Foreign compensation20. The Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 (c. 12).
Forestry21. Committees appointed for the purposes of section 16, 17B, 20, 21 or 25 of the Forestry Act 1967 (c. 10), being committees the members of which are appointed by the Minister having functions under those sections as respects England or Wales.
F57. . .F57. . .
[F78Gender Recognition21AA. Gender Recognition Panels constituted under Schedule 1 to the Gender Recognition Act 2004 (c. 7).]
[F79Gambling appeals21C. The Gambling Appeals Tribunal established by section 140 of the Gambling Act 2005.]
[F80Immigration and asylum22. The Asylum and Immigration Tribunal constituted under section 81 of the Nationality, Immigration and Asylum Act 2002.]
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Industrial training levy exemption24. Referees established by the Industrial Training (Levy Exemption References) Regulations 1974 (S.I. 1974/1335).
Industry25. An arbitration tribunal established under Schedule 3 to the Industry Act 1975 (c. 68).
Insolvency practitioners26. The Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 (c. 45).
Land27. The Lands Tribunal constituted under section 1(1)(b) of the Lands Tribunal Act 1949 (c. 42).
[F82Land Registration27B. The Adjudicator to Her Majesty’s Land Registry.]
[F83Local authorities, conduct of members

27A. A case tribunal or interim case tribunal appointed under section 76 of the Local Government Act 2000.]

Local taxation28. Valuation tribunals established by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41).
London Building Acts29. The tribunals of appeal constituted in accordance with section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii).
Mental health30. The Mental Health Review Tribunals constituted or having effect as if constituted under section 65 of the Mental Health Act 1983 (c. 20).
Mines and quarries31. Tribunals for the purposes of section 150 of the Mines and Quarries Act 1954 (c. 70).
Misuse of drugs32. The Misuse of Drugs Tribunal in England and Wales constituted under Part I of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38).
[F84National Health Service

F8433.

(a) [F85Primary Care Trusts established under [F86section 18 of the National Health Service Act 2006](c.49) or [F87Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006]F88. . . ] in respect of their functions under the M10National Health Service (Service Committees and Tribunal) Regulations 1992 or any regulations amending or replacing those Regulations;

[F89(b) the Family Health Services Appeal Authority constituted under [F90section 169 of that Act];]

(c) committees of [F91Primary Care Trusts or][F92Local Health Boards] established under regulation 3 of those Regulations or any provision amending or replacing that regulation.]

[F93National Lottery] [F9333AA. The National Lottery Commission in respect of their functions under sections 10 and 10A of, and Schedule 3 to, the National Lottery etc. Act 1993 (c. 39), and any member, employee or committee of that Commission authorised under paragraph 8 of Schedule 2A to that Act to exercise any of those functions.]
F94. . .F9433A.. . ..
F95. . .F9533B.. . ..
[F96Patents, designs and trade marks]34. The comptroller-general of patents, designs, and trade marks, and any officer authorised to exercise the functions of the comptroller under section 62(3) of the Patents and Designs Act 1907 (c. 29).
Pensions35. (a) Pensions Appeal Tribunals for England and Wales established under section 8 of the War Pensions (Administrative Provisions) Act 1919 (c. 53);
(b) Pensions Appeal Tribunals constituted under the Pensions Appeal Tribunals Act 1943 (c. 39), being tribunals appointed for England and Wales;
(c) appeal tribunals constituted in accordance with a scheme in force under section 26 of the Fire Services Act 1947 (c. 41);
F97(d). . .
(e) the Pensions Ombudsman established under [F98Part X of the Pension Schemes Act 1993] in respect of his functions under or by virtue of [F99section 146(1)(c) and (d)] of that Act;
(f) tribunals appointed under regulations under section 1 of the Police Pensions Act 1976 (c. 35) to hear such appeals as by virtue of the regulations lie to tribunals so appointed.
F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F102(i) the Pensions Regulator established by section 1 of the Pensions Act 2004;]

[F103(j) the Pensions Regulator Tribunal established by section 102 of that Act;]

[F104(k) the Board of the Pension Protection Fund established by section 107 of the Pensions Act 2004 in respect of its functions under or by virtue of section 207 of that Act or any enactment in force in Northern Ireland corresponding to that section;]

[F105(l) the Ombudsman for the Board of the Pension Protection Fund in respect of his functions under or by virtue of section 213 of that Act or any enactment in force in Northern Ireland corresponding to that section.]

Plant varieties36. (a) The Controller of Plant Variety Rights and any officer authorised to exercise the functions of the Controller under [F106paragraph 3 of Schedule 1 to the Plant Varieties Act 1997];
(b) the Plant Varieties and Seeds Tribunal [F107(referred to in section 42 of that Act)].
[F108Protection of children [F109and vulnerable adults, and care standards]][F108[F11036B]. The tribunal constituted under section 9 of the Protection of Children Act 1999.]
[F111 Police36A. [F112F113. . . ] An appeals tribunal constituted in accordance with Schedule 6 to the Police Act 1996 (c.16).]
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rents37. Rent assessment committees constituted in accordance with Schedule 10 to the Rent Act 1977 (c. 42).
Reserve forces38. (a) The Reinstatement Committees appointed under paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17);
(b) the umpire and any deputy umpire appointed under paragraph 5 of Schedule 2 to that Act. [F115(c) the appeal tribunals constituted under Part IX of the Reserve Forces Act 1996]
Revenue39. (a) The Commissioners for the general purposes of the income tax acting under section 2 of the Taxes Management Act 1970 (c. 9) for any division in England and Wales;
(b) the Commissioners for the special purposes of the Income Tax Acts appointed under section 4 of that Act;
(c) the tribunal constituted for the purposes of Chapter I of Part XVII of the Income and Corporation Taxes Act 1988 (c. 1) [F116or Chapter 1 of Part 13 of the Income Tax Act 2007].
Road traffic40. (a) The traffic commissioner for any area constituted for the purposes of the Public Passenger Vehicles Act 1981 (c. 14);

[F117(b)an adjudicator appointed for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement of road traffic contraventions).]

[F118;

(c) a road user charging adjudicator appointed under regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001][F119;
(d) a bus lane adjudicator appointed in relation to England by virtue of regulations made under section 144 of the Transport Act 2000 M11.]
F120Sea fish (conservation) 40A.The Sea Fish Licence Tribunal established under section 4AA of the Sea Fish (Conservation Act 1967 (c. 84)
[F121Special educational needs and disability discrimination.

40B. [F122(a)] The Special Educational Needs and Disability Tribunal]

[F122(b)the Special Educational Needs Tribunal for Wales.]

Social security41. [F123(a) Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14)]
[F124(b) disability appeal tribunals constituted under section 43 of that Act;]
[F124(c) medical appeal tribunals constituted under section 50 of that Act;]
(d) a Commissioner appointed under [F125Schedule 4 to the Social Security Act 1998 (c. 14)] and any tribunal presided over by a Commissioner so appointed;
[F124(e) a tribunal constituted under regulations made under section 58 of that Act.]
Transport42. The Transport Tribunal constituted as provided in Schedule 4 to the Transport Act 1985 (c. 67).
Vaccine damage43. The tribunals constituted under section 4 of the Vaccine Damage Payments Act 1979 (c. 17).
[F126VAT and duties] [F12644. VAT and duties tribunals for England and Wales and for Northern Ireland, constituted in accordance with Schedule [F12712 to the Value Added Tax Act 1994]] (c. 55).
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Sch. 1 Pt. I para. 2A inserted (1.12.1995) by S.I. 1995/2877, art. 2

F57Sch. 1 Pt. I paras. 4, 6, 21A (relating to “Banking”, “Building Societies”and “Friendly Societies” respectively) repealed (1.12.2001) by S.I. 2001/3649, art. 338

F58Sch. 1 Pt. 1 para. 6A inserted (18.3.2008) by Charities Act 2006 (c. 50), ss. 8, 79, Sch. 3 para. 5; S.I. 2008/751, art. 2, {Sch. } (subject to arts. 3 - 12)

F59Sch. 1 Pt. I para. 7(a) substituted (4.3.1999 for specified purposes otherwise 1.6.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 121(1)(a); S.I. 1999/528, art. 2, Sch.; S.I. 1999/1510, art. 2(g)(vii)

F60Words in Sch. 1 Pt. I para. 7(b) substituted (4.3.1999 for specified purposes otherwise 1.6.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 121(1)(b); S.I. 1999/528, art. 2, Sch.; S.I. 1999/1510, art. 2(g)(vii)

F61Sch. 1 Pt. 1: entry relating to "Claims management services" inserted (23.1.2007) by Compensation Act 2006 (c. 29), ss. 12(6), 16(1); S.I. 2007/94, art. 3(a)

F62Sch. 1 Pt. I para. 9A inserted (1.4.1999) by 1998 c. 41, s. 74(1), Sch. 12 para. 15 (with s. 73); S.I. 1999/505, art. 2, Sch. 2

F63Sch. 1 Pt. I para. 9A substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 27(4)(a); S.I. 2003/766, art. 2 Sch. (with art. 3)

F64Sch. 1 Pt. I para. 12 substituted (E.W.S.) (8.11.1995) by 1995 c. 53, s. 5(8)

F66Sch. 1 Pt. I para. 14 substituted (1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 16; S.I. 2000/183, art. 2(1)

F67Words in Sch. 1 Pt. I para. 14(a) substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 10(a) (with ss. 7(1)(7), 56, 78)

F69Words in Sch. 1 Pt. I para. 15(a) substituted (1.11.1996) by 1996 c. 56, SS. 582(1), 583(2), Sch. 37 para. 118(3)(a) (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)

F70Sch. 1 Pt. I para. 15(b)(c) substituted (20.1.2003 for E. (wholly), 9.1.2004 for W. (so far as it relates to para. 15(b)), and 31.5.2005 for W. otherwise) by 2002 c. 32, s. 215(1), Sch. 21 para. 22 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. 4; S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(b)(4)(b))

F71Words in Sch. 1 para. 15(d) substituted (1.9.2006) by Education Act 2005 (c. 18), ss. 61, 125(4), Sch. 9 para. 6; S.I. 2006/1338, art. 4(1), Sch. 2

F72Sch. 1 Pt. I para. 15(e) repealed (1.9.2002) by 2001 c. 10, s. 42(1)(6), Sch. 8 Pt. 2 para. 21, Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F73Sch. 1 Pt. I para. 15(f) inserted (1.10.1998) by 1998 c. 31, s. 25, Sch. 5 para. 10(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

F74Words in Sch. 1 Pt. I para. 16 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F75Words in Sch. 1 Pt. I para. 16 substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 9(3)(a)

F76Sch. 1 Pt. I para. 17 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 27(4)(b); S.I. 2003/766, art. 2 Sch. (with art. 3)

F77Sch. 1 Pt. I para. 18 substituted (3.7.2001) by 2000 c. 8, s. 432(1), Sch. 20 para. 6(2); S.I. 2001/2364, art. 2 (with transitional saving in art. 3)

F78Sch. 1 Pt. I para. 21AA inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 1, 26, Sch. 1 para. 9; S.I. 2005/54, art. 2

F79Sch. 1 Pt. 1 para. 21C inserted (E.W.S.) (1.1.2007) by Gambling Act 2005 (c. 19), ss. 140(2), 358(1), Sch. 8 para. 15 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4 (as amended by S.Is. 2007/1157, 2007/2169))

F82Sch. 1 Pt. I para. 27B inserted after para. 27 (28.4.2003) by 2002 c. 9, ss. 126, 136(2), Sch. 9 para. 8 (with s. 129); S.I. 2003/1028, art. 2(a)

F83Sch. 1 Pt. I para. 27A inserted (19.12.2000 for (E.) and in relation to police authorities (W.) and (28.7.2001) in so far as not already in force ) by 2000 c. 22, ss. 107, 108(4) Sch. 5 para. 28; S.I. 2000/3335, art. 2

F84Sch. 1 Pt. I para. 33 substituted (28.6.1995 for specified purposes otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 123 (with Sch. 2 paras. 6, 16)

F85Words in Sch. 1 Pt. I para. 33(a) substituted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. I para. 19(a)

F87Words in Sch. 1 Pt. I para. 33(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 23(a)

F88Words in Sch. 1 Pt. I para. 33 omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 157(b) (with Sch. 3 Pt. I)

F89Sch. 1 Pt. I para. 33(b) substituted (1.12.2001 for E., 1.7.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 10 (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1)(b), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1475, art. 2 Sch. (The amendment is also stated to be brought into force for W. (26.8.2002) by S.I. 2002/1919, art. 3(1), subject to temp. amendments in art. 3(2), Sch. Pt. III of that S.I.)

F91Words in Sch. 1 Pt. I para. 33(c) substituted (1.10.2002) by S.I. 2002/2469, reg. 4 Sch. 1 Pt. I para. 19(b)

F92Words in Sch. 1 Pt. I para. 33(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 23(b)

F93Sch. 1 Pt. I para. 33AA inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 para. 12(3); S.I. 1999/650, art. 2(b)

F94Sch. 1 Pt. I para. 33A (relating to National Lottery) repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 para. 12(3), Sch. 5 Pt. I; S.I. 1999/650, art. 2(b)(c)

F95Sch. 1 Pt. I para. 33B (relating to National Savings Bank and National Savings Stock Register) repealed (1.9.2005) by Finance (No. 2) Act 2005 (c. 22), ss. 69(2), 70, Sch. 11 Pt. 5(2), Note

F96Words in Sch. 1 Pt. I substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 9; S.I. 1994/2550, art. 2

F97Sch. 1 Pt. I para. 35(d) repealed (6.4.1997) by 1995 c. 26, ss. 151, 177, Sch. 5 para. 16(6), Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. II

F98Words in Sch. 1 Pt. I para. 35(e) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 44(b)(ii); S.I. 1994/86, art. 2

F99Words in Sch. 1 Pt. I para. 35(e) substituted (6.4.1997) by 1995 c. 26, s. 157(12); S.I. 1997/664, art. 2(3), Sch. Pt. II

F102Sch. 1 Pt. I para. 35(i)-(l) inserted (10.2.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322(1), Sch. 12 para. 8(4); S.I. 2005/275, art. 2(4), Sch. Pt. 4

F103Sch. 1 Pt. I para. 35(i)-(l) inserted (10.2.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322(1), Sch. 12 para. 8(4); S.I. 2005/275, art. 2(4), Sch. Pt. 4

F104Sch. 1 Pt. I para. 35(i)-(l) inserted (10.2.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322(1), Sch. 12 para. 8(4); S.I. 2005/275, art. 2(4), Sch. Pt. 4

F105Sch. 1 Pt. I para. 35(i)-(l) inserted (10.2.2005) by Pensions Act 2004 (c. 35), ss. 319(1), 322(1), Sch. 12 para. 8(4); S.I. 2005/275, art. 2(4), Sch. Pt. 4

F106Words in Sch. 1 Pt. I para. 36(a) substituted (8.5.1998) by 1997 c. 66, s. 51(5)(a); S.I. 1998/1028, art. 2

F107Words in Sch. 1 Pt. I para. 36(b) substituted (8.5.1998) by 1997 c. 66, s. 51(5)(b); S.I. 1998/1028, art. 2

F109Words in Sch. 1 Pt. I para. 36B (as renumbered) inserted (1.4.2002 for E. and W. except for the words "and vulnerable adults", as to whichprosp.) by 2000 c. 14, ss. 116, Sch. 4 para. 21; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(e), (subject to transitional provisions in Schs. 1-3)

F110Sch. 1 Pt. I para. 36A (as inserted by 1999 c. 14, Sch. para. 8) renumbered as para. 36B (1.4.2002 for E. and W.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 21; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(e) (subject to transitional provisions in Schs. 1-3)

F111Sch. 1 Pt. I para. 36A inserted (E.W.) (1.4.1999) by 1996 c. 16, s. 103, Sch. 7 para. 46; S.I. 1999/533, art. 2(a)

F112Sch. 1 Pt. I para. 36A renumbered as para. 36A(a) (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 70; S.I. 1998/354, art. 2(2)(ay)

F115Sch. 1 Pt. I para. 38(c) inserted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 25 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F116Words in Sch. 1 para. 39(c) inserted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034(1), Sch. 1 para. 351 (with Sch. 2)

F117Sch. 1 Pt. I para. 40(b) (in the second place) substituted (E.W.) (31.3.2008) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 5 (with s. 38); S.I. 2007/3174, art. 2, Sch.; S.I. 2007/2053, art. 3(1)(2)(g). [Editorial Note: s. 91, the inducing section for the amending Sch. 11, was brought into force for W. on 26.10.2006 by S.I. 2006/2826, art. 2(2)(c), but semble without intending to commence the provisions of Sch. 11]

F120Sch. 1 Pt. I para. 40A inserted (17.12.1992) by Sea Fish (Conservation) Act 1992 (c. 60), s. 9(3) (with s. 11(4)).

F121Sch. 1 Pt. I para. 40B inserted (1.9.2002) by 2001 c. 10, ss. 42(1), Sch. 8 Pt. 2 para. 22 (with s. 43(13)); S.I. 2002/2217 arts. 3, 4, Sch. 1 Pt. I

F122Sch. 1 Pt. I para 40B: the existing entry becomes sub-para. (a) and sub-para. (b) inserted (31.3.2003) by virtue of 2002 c. 32, ss. 195, 216, Sch. 18 para. 15(a)(b); S.I. 2002/3185, art. 5, Sch. Pt. II

F123Sch. 1 Pt. I para. 41(a) substituted (4.3.1999, 6.9.1999, 5.10.1999, 18.10.1999, 29.11.1999 for specified purposes otherwise prosp.) by 1998 c. 14, s. 86(1), Sch. 7 para. 121(2)(a); S.I. 1999/528, art. 2, Sch.; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(2), Sch. 1

F124Sch. 1 Pt. I para. 41(b)(c)(e) ceased to have effect (4.3.1999, 18.10.1999, 29.11.1999 for specified purposes otherwise prosp.) by 1998 c. 14, s. 86(1), Sch. 7 para. 121(2)(b); S.I. 1999/528, art. 2, Sch.; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(2), Sch. 1 and is expressed to be repealed (29.11.1999 for specified purposes otherwise prosp.) by 1998 c. 14, ss. 86(2), 87, Sch. 8; S.I. 1999/3178, art. 2(1)(2), Sch. 1

F125Words in Sch. 1 Pt. I para. 41(d) substituted (4.3.1999, 6.9.1999, 5.10.1999, 29.11.1999 for specified purposes otherwise prosp.) by 1998 c. 14, s. 86(1), Sch. 7 para. 121(2)(c); S.I. 1999/528, art. 2, Sch.; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/3178, art. 2(1)(2), Sch. 1

F127Sch. 1 Pt. I para. 44: words “12 to the Value Added Tax Act 1994”substituted for “8 to the Value Added Tax Act 1983”by 1994 c. 23, ss. 100(1), 101(1), Sch. 14 para. 12 (with Sch. 13 para. 9)

F128Sch. 1 Pt. 1 para. 45 repealed (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 19(1), Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3-6 (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 1(2), 3(2)

Modifications etc. (not altering text)

C20Sch. 1 Pt. I para. 34 amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art. 2

Sch. 1 Pt. I para. 40(b) modified (5.10.1998) by S.I. 1998/1539, art. 6

C21Sch. 1 Pt. I para. 40(b) modified (S.) (4.10.1999) by S.S.I. 1999/59, art. 6

Marginal Citations

Part IIU.K. TRIBUNALS UNDER SUPERVISION OF SCOTTISH COMMITTEE

Matters with which tribunal concernedTribunal and statutory authority
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Betting levy47. An appeal tribunal for Scotland established under section 29 of the Betting, Gaming and Lotteries Act 1963 (c. 2).
[F130Charities

47AAny Scottish Charity Appeals Panel constituted in accordance with section 75(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).]

Crofters48. The Crofters Commission constituted under section 1 of the Crofters (Scotland) Act 1955 (c. 21).
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education50. (a) Independent Schools Tribunals constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 (c. 44);
(b) appeal committees set up under section 28D of that Act;

[F132(ba)Additional Support Needs Tribunals for Scotland constituted under section 17(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).]

[F133(c) appeal committees constituted by virtue of section 7 of, and paragraph 2(b) of Part II of Schedule 1 to, the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).]
Employment51. The [F134employment tribunals] for Scotland established under [F135section 1(1) of [F134the Employment Tribunals Act 1996] (c. 17)].
Food52. Tribunals constituted in accordance with regulations under Part II of the Food Safety Act 1990 (c. 16), being tribunals appointed for Scotland.
Forestry53. Committees appointed for the purposes of section 16, 17B, 20, 21 or 25 of the Forestry Act 1967 (c. 10), being committees the members of which are appointed by the Minister having functions under those sections as respects Scotland.
Land54. The Lands Tribunal for Scotland constituted under section 1(1)(a) of the Lands Tribunal Act 1949 (c. 42).
[F136Mental health54A. The Mental Health Tribunal for Scotland constituted under section 21 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).]
Misuse of drugs55. The Misuse of Drugs Tribunal for Scotland constituted under Part I of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38).
National Health Service56. (a) Health Boards and joint committees of those Boards constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29);
(b) the tribunal constituted under section 29 of that Act;
(c) service committees of a Health Board or a joint committee of Health Boards, being committees constituted in accordance with regulations made under that Act;
(d) the National Appeal Panel convened in accordance with Part IV of Schedule 3A to the National Health Service (General Medical and Pharmaceutical Services)(Scotland) Regulations 1974 (S.I. 1974/506).
F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions57. (a) Pensions Appeal Tribunals for Scotland established under section 8 of the War Pensions (Administrative Provisions) Act 1919 (c. 53);
(b) Pensions Appeal Tribunals constituted under the Pensions Appeal Tribunals Act 1943 (c. 39), being tribunals appointed for Scotland;
(c) tribunals appointed under regulations under section 1 of the Police Pensions Act 1976 (c. 35) to hear appeals relating to constables of a police force within the meaning of the Police (Scotland) Act 1967 (c. 77) and to the categories of officer mentioned in regulation H6(10) of the Police Pensions Regulations 1987 (S.I. 1987/257), or in the corresponding regulation of any regulations amending or having effect in place of those regulations.
[F138Police57A. An appeals tribunal constituted in accordance with Schedule 3 to the Police (Scotland) Act 1967 (c. 77) .]
Rates58. Valuation appeal committees constituted in accordance with [F139section 29 of the Local Government etc. (Scotland) Act 1994.]
Rents59. [F140private rented housing] committees constituted in accordance with Schedule 4 to the Rent (Scotland) Act 1984 (c. 58).
Revenue60. The Commissioners for the general purposes of the income tax acting under section 2 of the Taxes Management Act 1970 (c. 9) for any division in Scotland.
Social work61. (a) Any children’s hearing constituted and arranged in pursuance of the [F141Children (Scotland) Act 1995 (c.36)];
F142(b). . .
Taxi fares62. The traffic commissioner for the Scottish Traffic Area as constituted for the purpose of the Public Passenger Vehicles Act 1981 (c. 14) in respect of his functions under section 18 of the Civic Government (Scotland) Act 1982 (c. 45).
[F143VAT and dutiesF14363. VAT and duties tribunals for Scotland constituted in accordance with Schedule [F14412 to the Value Added Tax Act 1994] (c. 55).]

Textual Amendments

F133Sch. 1 Pt. II para. 50(c) repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F134Words in Sch. 1 Pt. II para. 51 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F135Words in Sch. 1 Pt. II para. 51 substituted (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 9(3)(b) (with s. 38)

F136Sch. 1 Pt. II para. 54A inserted (S) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 5; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375, art. 2 and as further amended by S.S.I. 2005/459, art. 2)

F138Sch. 1 Pt. II para. 57A inserted (1.8.1996) by 1994 c. 29, s. 44, Sch. 5 para. 40(3); S.I. 1996/1646, art. 2, Sch.

F139Words in Sch. 1 Pt. II substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 178; S.I. 1996/323, art. 4(c)

F140Words in Sch. 1 Pt. 2 para. 59 substituted (S.) (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 192(1), 195(3), Sch. 6 para. 17 (with s. 193); S.S.I. 2007/270, art. 3

F141Words in Sch. 1 Pt. II para. 61(a) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 55(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F142Sch. 1 Pt. II para. 61(b) repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(i) (subject to arts. 3-13)

F144Sch. 1 Pt. II para. 63: words “12 to the Value Added Tax Act 1994”substituted for “8 to the Value Added Tax Act 1983”(1.9.1994) by 1994 c. 23, ss. 100(1), 101(1), Sch. 14 para. 12

Section 17.

SCHEDULE 2U.K. TRANSITORY PROVISIONS

Transitory modifications of sections 6 and 7 and Schedule 1U.K.

[F1451U.K.If—

(a)no date has been appointed before the commencement of this Act as the date on which paragraph 37 of Schedule 15 to the M12Criminal Justice Act 1988 is to come into force, or

(b)a date has been appointed which is later than the commencement of this Act,

paragraph 12 of Schedule 1 and the word “12” in section 7(2) shall be omitted until the appointed day.]

Textual Amendments

F145Sch. 2 para. 1 repealed (E.W.S) (8.11.1995) by 1995 c. 53, s. 12(7), Sch.

Marginal Citations

M121988 C. 33.

2U.K.If—

(a)no date has been appointed before the commencement of this Act as the date on which paragraph 2 of Schedule 18 to the M13Courts and Legal Services Act 1990 is to come into force, or

(b)a date has been appointed which is later than the commencement of this Act,

paragraph 10 of Schedule 1 shall be omitted until the appointed day.

Marginal Citations

F1463U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4U.K.In paragraphs 1, 2 and 3 “the appointed day” means

(a)in the case mentioned in paragraph [F1471(a) or 2(a)], such day as may be appointed by the Secretary of State for the purposes of the paragraph concerned by order made by statutory instrument, and

(b)in the case mentioned in paragraph [F1481(b) or 2(b)], the day appointed as the day on which the provision mentioned in paragraph [F1491(a) or 2(a)] (as the case may be) is to come into force.

Application of section 6 in relation to persons appointed before 1st January 1959U.K.

F1505U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150Sch. 2 para. 5 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. I Group 2

Section 18(1).

SCHEDULE 3U.K. CONSEQUENTIAL AMENDMENTS

The Land Compensation Act 1961 (c. 33)U.K.

1U.K.In section 21(1) of the Land Compensation Act 1961, for “the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby)” there is substituted “ the Tribunals and Inquiries Act 1992 (or any enactment replaced thereby) ”.

The Plant Varieties and Seeds Act 1964 (c. 14)U.K.

F1512U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Town and Country Planning (Scotland) Act 1972 (c. 52)U.K.

F1523U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1534U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1545U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1556U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1567U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1578U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health and Safety at Work etc. Act 1974 (c. 37)U.K.

9U.K.In section 44(4) of the Health and Safety at Work etc. Act 1974—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

The Friendly Societies Act 1974 (c. 46)U.K.

10U.K.In section 76(1) of the Friendly Societies Act 1974, for “section 14 of the Tribunals and Inquiries Act 1971” there is substituted “ section 12 of the Tribunals and Inquiries Act 1992 ”.

The House of Commons Disqualification Act 1975 (c. 24)U.K.

11U.K.In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry beginning “A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971”, for “section 7 of the Tribunals and Inquiries Act 1971” there is substituted “ section 6 of the Tribunals and Inquiries Act 1992 ”.

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46)U.K.

12U.K.In section 55(6)(b) of the Ancient Monuments and Archaeological Areas Act 1979 for “1971” there is substituted “ 1992 ”.

The Housing Act 1980 (c. 51)U.K.

13U.K.F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Acquisition of Land Act 1981 (c. 67)U.K.

14U.K.In section 23(3)(b) of the Acquisition of Land Act 1981 for “1971” there is substituted “ 1992 ”.

The Road Traffic Regulation Act 1984 (c. 27)U.K.

15U.K.In paragraph 18(2) of Schedule 4 to the Road Traffic Regulation Act 1984—

(a)for “section 13 of the Tribunals and Inquiries Act 1971” there is substituted “ section 11 of the Tribunals and Inquiries Act 1992 ”, and

(b)for “and (3)” there is substituted “ and (4) ”.

The Roads (Scotland) Act 1984 (c. 54)U.K.

16U.K.In section 139(3) of the Roads (Scotland) Act 1984, for “1971” there is substituted “ 1992 ”.

The Finance Act 1985 (c. 54)U.K.

F15917U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Agricultural Holdings Act 1986 (c. 5)U.K.

18U.K.F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Insolvency Act 1986 (c. 45)U.K.

19U.K.In paragraph 1(2) of Schedule 7 to the Insolvency Act 1986 for “section 8 of the Tribunals and Inquiries Act 1971” there is substituted “ section 7 of the Tribunals and Inquiries Act 1992 ”.

The Legal Aid (Scotland) Act 1986 (c. 47)U.K.

20U.K.In section 6(2) of the Legal Aid (Scotland) Act 1986, in the definition of “statutory inquiry”, for “section 19(1) of the Tribunals and Inquiries Act 1971” there is substituted “ section 16(1) of the Tribunals and Inquiries Act 1992 ”.

The Legal Aid Act 1988 (c. 34)U.K.

F16121U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Town and Country Planning Act 1990 (c. 8)U.K.

22U.K.In section 16(3) of the Town and Country Planning Act 1990—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

23U.K.In sections 20(7) and 35(8) of that Act for “1971” there is substituted “ 1992 ”.

24U.K.In section 42(6) of that Act—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

25U.K.In section 288(9) of that Act for “1971” there is substituted “ 1992 ”.

26U.K.In section 323(1) of that Act for “section 11 of the Tribunals and Inquiries Act 1971” there is substituted “ section 9 of the Tribunals and Inquiries Act 1992 ”.

27U.K.In paragraph 9(1)(b) of Part II of Schedule 2 to that Act—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

28U.K.In paragraph 8(1) of Schedule 6 to that Act—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

29U.K.In paragraph 8(6) of Schedule 7 to that Act—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

30U.K.In paragraph 5(3) of Schedule 8 to that Act for “1971” there is substituted “ 1992 ”.

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)U.K.

31U.K.In section 63(6) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for “1971” there is substituted “ 1992 ”.

32U.K.In paragraph 7(1) of Schedule 3 to that Act—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

The Planning (Hazardous Substances) Act 1990 (c. 10)U.K.

33U.K.In section 22(4) of the Planning (Hazardous Substances) Act 1990 for “the Tribunals and Inquiries Act 1971” there is substituted “ the Tribunals and Inquiries Act 1992 ”.

34U.K.In paragraph 7(1) of the Schedule to that Act—

(a)for “1971” there is substituted “ 1992 ”, and

(b)for “section 12(1)” there is substituted “ section 10(1) ”.

The Courts and Legal Services Act 1990 (c. 41)U.K.

35U.K.In section 119(1) of the Courts and Legal Services Act 1990, in the definition of “court”, in paragraph (c), for “section 19(1) of the Tribunals and Inquiries Act 1971” there is substituted “ section 16(1) of the Tribunals and Inquiries Act 1992 ”.

The Social Security Administration Act 1992 (c. 5)U.K.

[F16236U.K.In sections 41(4)(c), 43(5)(c) and 50(4)(c) of the Social Security Administration Act 1992 for “section 7 of the Tribunals and Inquiries Act 1971” there is substituted “ section 6 of the Tribunals and Inquiries Act 1992 ”.]

Textual Amendments

F162Sch. 3 para. 36 repealed (29.11.1999 for specified purposes otherwiseprosp.) by 1998 c. 14, ss. 86(2), 87, Sch. 8; S.I. 1999/3178, art. 2(1)(2), Sch. 1

37U.K.In paragraphs 9 and 14 of Schedule 7 to that Act for “section 10(1) of the Tribunals and Inquiries Act 1971” there is substituted “ section 8(1) of the Tribunals and Inquiries Act 1992 ”.

Section 18(2).

SCHEDULE 4U.K. REPEALS

Part IU.K. ENACTMENTS REPEALED

ChapterShort titleExtent of repeal
1971 c. 62.The Tribunals and Inquiries Act 1971.The whole Act.
1972 c. 11.The Superannuation Act 1972.In Schedule 6, paragraph 91.
1972 c. 58.The National Health Service (Scotland) Act 1972.In Schedule 6, paragraph 152.
1973 c. 32.The National Health Service Reorganisation Act 1973.In Schedule 4, paragraph 134.
1973 c. 38.The Social Security Act 1973.Section 66(4) and (9).
1974 c. 39.The Consumer Credit Act 1974.Sections 3 and 42.
1975 c. 18.The Social Security (Consequential Provisions) Act 1975.In Schedule 2, paragraph 46.
1975 c. 68.The Industry Act 1975.In Schedule 3, paragraph 10.
1976 c. 35.The Police Pensions Act 1976.In Schedule 2, paragraph 9.
1977 c. 3.The Aircraft and Shipbuilding Industries Act 1977.Section 42(10).
1977 c. 49.The National Health Service Act 1977.In Schedule 15, paragraph 53.
1978 c. 23.The Judicature (Northern Ireland) Act 1978.In Schedule 5, in Part II, the entry relating to the Tribunals and Inquiries Act 1971.
1978 c. 29.The National Health Service (Scotland) Act 1978.In Schedule 16, paragraph 35.
1978 c. 44.The Employment Protection (Consolidation) Act 1978.In Schedule 16, paragraph 11.
1979 c. 38.The Estate Agents Act 1979.Section 24(1).
1980 c. 20.The Education Act 1980.Section 7(6).
1980 c. 44.The Education (Scotland) Act 1980.Section 28E(7).
1981 c. 54.The Supreme Court Act 1981.In Schedule 5, the entry relating to the Tribunals and Inquiries Act 1971.
1982 c. 10.The Industrial Training Act 1982.In Schedule 3, paragraph 2.
1982 c. 16.The Civil Aviation Act 1982.Section 7(3).
1982 c. 45.The Civic Government (Scotland) Act 1982.Section 18(11).
1983 c. 20.The Mental Health Act 1983.In Schedule 4, paragraph 29.
1983 c. 41.The Health and Social Services and Social Security Adjudications Act 1983.In Schedule 9, in Part I, paragraphs 10, 11 and 15.
1984 c. 23.The Registered Homes Act 1984.In Schedule 1, paragraph 5.
1984 c. 31.The Rating and Valuation (Amendment) (Scotland) Act 1984.In Schedule 2, paragraph 12.
1984 c. 35.The Data Protection Act 1984.In Schedule 2, paragraph 13.
1985 c. 17.The Reserve Forces (Safeguard of Employment) Act 1985.In Schedule 4, paragraph 3.
1985 c. 65.The Insolvency Act 1985.In Schedule 1, paragraph 5.
1985 c. 67.The Transport Act 1985.In Schedule 2, in Part II, paragraph 2.
In Schedule 7, paragraph 15.
1986 c. 5.The Agricultural Holdings Act 1986.In Schedule 14, paragraph 49.
1986 c. 39.The Patents, Designs and Marks Act 1986.In Schedule 2, in Part I, paragraph 1(2)(d).
1986 c. 45.The Insolvency Act 1986.In Schedule 14, the entry relating to the Tribunals and Inquiries Act 1971.
1986 c. 53.The Building Societies Act 1986.In section 48(3), the words “after consultation with the Council on Tribunals”.
1986 c. 60.The Financial Services Act 1986.In Schedule 6, paragraph 6.
1987 c. 22.The Banking Act 1987.In section 30, in subsection (3), the words “after consultation with the Council on Tribunals” and, in subsection (4), the words from “after consultation” onwards.
In Schedule 6, paragraph 4.
1988 c. 33.The Criminal Justice Act 1988.In Schedule 15, paragraph 37.
1988 c. 40.The Education Reform Act 1988.In Schedule 12, in Part I, paragraph 12.
1988 c. 41.The Local Government Finance Act 1988.In Schedule 12, in Part III, paragraph 41.
1988 c. 48.The Copyright, Designs and Patents Act 1988.In Schedule 7, paragraph 14.
1989 c. 39.The Self-Governing Schools etc. (Scotland) Act 1989.In Schedule 10, paragraph 4.
1989 c. 41.The Children Act 1989.In Schedule 13, paragraph 30.
1990 c. 16.The Food Safety Act 1990.In Schedule 3, paragraph 14.
1990 c. 27.The Social Security Act 1990.Section 12(2).
1990 c. 41.The Courts and Legal Services Act 1990.In Schedule 18, paragraph 2.
1991 c. 21.The Disability Living Allowance and Disability Working Allowance Act 1991.In Schedule 2, paragraph 2(1).
1991 c. 40.The Road Traffic Act 1991.In Schedule 7, paragraph 1.
1991 c. 48.The Child Support Act 1991.In Schedule 5, paragraph 1.
1992 c. 6.The Social Security (Consequential Provisions) Act 1992.In Schedule 2, paragraphs 8 and 9.
1992 c. 14.The Local Government Finance Act 1992.In Schedule 13, paragraph 31.
1992 c. 38.The Education (Schools) Act 1992.In Schedule 4, paragraphs 2 and 3.

Part IIU.K. INSTRUMENTS REVOKED

NumberTitle
S.I. 1972/1210.The Tribunals and Inquiries (Value Added Tax Tribunals) Order 1972.
S.I. 1974/1478.The Tribunals and Inquiries (Industrial Training Levy Exemption Referees) Order 1974.
S.I. 1974/1964.The Tribunals and Inquiries (Misuse of Drugs Tribunals) Order 1974.
S.I. 1975/1404.The Tribunals and Inquiries (Valuation Appeal Committees) Order 1975.
S.I. 1979/659.The Tribunals and Inquiries (Vaccine Damage Tribunals) Order 1979.
S.I. 1984/1094.The Tribunals and Inquiries (Dairy Produce Quota Tribunals) Order 1984.
S.I. 1984/1247.The Tribunals and Inquiries (Foreign Compensation Commission) Order 1984.
S.I. 1991/2699.The Tribunals and Inquiries (Specified Tribunals) Order 1991.

TABLE OF DERIVATIONS

Notes:

1. The following abbreviations are used in this Table:—
1971= The Tribunals and Inquiries Act 1971 (c. 62)
1972 c. 11= The Superannuation Act 1972 (c. 11)
1973 c. 36= The Northern Ireland Constitution Act 1973 (c. 36)
1973 c. 38= The Social Security Act 1973 (c. 38)
1974 c. 39= The Consumer Credit Act 1974 (c. 39)
1976 c. 35= The Police Pensions Act 1976 (c. 35)
1978 c. 30= The Interpretation Act 1978 (c. 30)
1978 c. 44= The Employment Protection (Consolidation) Act 1978 (c. 44)
1979 c. 38= The Estate Agents Act 1979 (c. 38)
1980 c. 20= The Education Act 1980 (c. 20)
1981 c. 54= The Supreme Court Act 1981 (c. 54)
1982 c. 10= The Industrial Training Act 1982 (c. 10)
1982 c. 16= The Civil Aviation Act 1982 (c. 16)
1983 c. 41= The Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
1984 c. 35= The Data Protection Act 1984 (c. 35)
1985 c. 65= The Insolvency Act 1985 (c. 65)
1986 c. 53= The Building Societies Act 1986 (c. 53)
1986 c. 60= The Financial Services Act 1986 (c. 60)
1987 c. 22= The Banking Act 1987 (c. 22)
1988 c. 33= The Criminal Justice Act 1988 (c. 33)
1988 c. 48= The Copyright, Designs and Patents Act 1988 (c. 48)
1990 c. 16= The Food Safety Act 1990 (c. 16)
1990 c. 27= The Social Security Act 1990 (c. 27)
1990 c. 41= The Courts and Legal Services Act 1990 (c. 41)
1991 c. 21= The Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21)
1991 c. 40= The Road Traffic Act 1991 (c. 40)
1991 c. 48= The Child Support Act 1991 (c. 48)
1992 c. 6= The Social Security (Consequential Provisions) Act 1992 (c. 6)
S.I. 1972/1210= The Tribunals and Inquiries (Value Added Tax Tribunals) Order 1972
S.I. 1974/1478= The Tribunals and Inquiries (Industrial Training Levy Exemption Referees) Order 1974
S.I. 1974/1964= The Tribunals and Inquiries (Misuse of Drugs Tribunals) Order 1974
S.I. 1979/659= The Tribunals and Inquiries (Vaccine Damage Tribunals) Order 1979
S.I. 1984/1094= The Tribunals and Inquiries (Dairy Produce Quota Tribunal) Order 1984
S.I. 1984/1247= The Tribunals and Inquiries (Foreign Compensation Commission) Order 1984
S.I. 1991/2699= The Tribunals and Inquiries (Specified Tribunals) Order 1991
2. The Table does not show the effect of the Transfer of Functions (Secretary of State and Lord Advocate) Order 1972 (S.I. 1972/2002), which transferred the functions of the Secretary of State under sections 2, 4, 5, 11, 12, 15, 16 and 19 of the Tribunals and Inquiries Act 1971 to the Lord Advocate. 3. The Bill consolidates the effect of the current orders under s. 15(1), (2), (3) and (4) of 1971. The power to vary or revoke these orders conferred by s. 16(2) is preserved in relation to the provisions of the Bill derived from such orders by clause 13(5).
1(1)1971 s. 1(1).
(2)1971 s. 1(2); 1973 c. 36 s. 40(2).
21971 s. 2.
31971 s. 3.
41971 s. 4.
51971 s. 5.
6(1), (2)1971 s. 7(1), (2).
(3)1971 s. 7(3); Supplementary Benefits Act 1976 (c. 71) Sch. 7 para. 22; Social Security (Miscellaneous Provisions) Act 1977 (c. 5) s. 22(15); 1983 c. 41 Sch. 9 para. 10; 1991 c. 21 Sch. 2 para. 2(1): 1991 c. 48 Sch. 5 para. 1(1); S.I. 1979/659 art. 3.
(4)Social Security Administration Act 1992 (c. 5) ss: 41. 43. 50.
(5)—(7)1971 s. 7(4)—(6).
(8)1971 s. 7(7); Sch. 1 para. 45(a); 1984 c. 58 s. 115(2).
(9)1971 s. 7(8).
7(1)1971 s. 8(1).
(2)1971 s. 8(2); 1979 c. 38 s. 24(1)(a); 1982 c. 16 s. 7(3)(b); 1984 c. 35 Sch. 2 para. 13(a); 1985 c. 65 Sch. 1 para. 5(2); 1986 c. 60 Sch. 6 para. 6(a); 1987 c. 22 Sch. 6 para. 4(1); 1988 c. 33 Sch. 15 para. 37(1); 1990 c. 27 s. 12(2)(b); 1992 c. 6 Sch. 2 para. 8.
(3)1971 s. 8(3).
8(1)1971 s. 10(1); S.I. 1984/1247 art. 3.
(2)1986 c. 53 s. 48(3); 1987 c. 22 s. 30(3).
(3)1971 s. 10(2); 1987 c. 22 s. 30(4).
(4)1971 s. 10(3).
91971 s. 11.
10(1)—(7)1971 s. 12.
(8)1971 s. 16(2)
11(1)1971 s. 13(1); 1980 c. 20 s. 7(6); 1983 c. 41 Sch. 9 Pt. I para. 11; 1985 c. 65 Sch. 1 para. 5(3); 1986 c. 60 Sch. 6 para. 6(b); Education (Schools) Act 1992 (c. 38) Sch. 4 para 2; S.I. 1972/1210 art. 3; S.I. 1974/1478 art. 3.
(2)1971 s. 13(1A); 1978 c. 44 Sch. 16 para. 11.
(3)1971 s. 13(2); 1981 c. 54 Sch. 5.
(4)1971 s. 13(3).
(5)1971 s. 13(4).
(6)1971 s. 13(5A); 1974 c. 39 s. 42(1).
(7)1971 s. 13(6); 1974 c. 39 s. 42(2); Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31) Sch. 2 para. 12.
(8)1971 s. 13(7); 1974 c. 39 s. 42(3); Judicature (Northern Ireland) Act 1978 (c. 23) Sch. 5.
(9)1971 s. 13(8).
(10)1971 s. 13(9).
121971 s. 14.
13(1)—(4)1971 s. 15(1)—(4)
(5)1971 s. 15(5). See Note 3 above.
(6)1971 s. 15(6).
14(1)1971 s. 19(4); 1974 c. 39 s. 3(b); 1979 c. 38 s. 24(1)(a); 1984 c. 35 Sch. 2 para. 13(b); S.I. 1984/1247 art. 4.
(2)1973 c. 38 s. 66(4) and (9).
(3)1982 c. 16 s. 7(3)(c).
151971 s. 16(1).
161971 s. 19(1)—(3).
17Introduces Sch. 2.
18(1)Introduces Sch. 3
(2)Introduces Sch. 4.
(3)1971 Sch. 3.
19
Sch. 1 para. 11971 Sch. 1 para. 1; Agricultural Holdings Act 1986 (c. 5) Sch. 14 para. 49.
para. 21971 Sch. 1 para. 1A; Aircraft and Shipbuilding Industries Act 1977 (c. 3) s. 42(10).
para. 31982 c. 16 s. 7(3)(a).
para. 41971 Sch. 1 para. 2A; 1987 c. 22 Sch. 6 para. 4(2).
para. 51971 Sch. 1 para. 3.
para. 6S.I. 1991/2699 art. 2(b).
para. 71971 Sch. 1 para. 4A; 1991 c. 48 Sch. 5 para. 1(2).
para. 81971 Sch. 1 paras. 4, 21A, 28A; 1983 c. 41 Sch. 9 paras. 12, 13. 14; Registered Homes Act 1984 (c. 23) Sch. 1 para. 5(a); Children Act 1989 (c. 41) Sch. 13 para. 30.
para. 91971 Sch. 1 para. 5
para. 101971 Sch. 1 para. 5AA; 1990 c. 41 Sch. 18 para. 2.
para. 111971 Sch. 1 para. 5A; 1988 c. 48 Sch. 7 para. 14.
para. 121971 Sch. 1 para. 5B; 1988 c. 33 Sch. 15 para. 37(2).
para. 13S.I. 1984/1094 art. 2; 1978 c. 30 ss. 17(2)(a), 23.
para. 141971 Sch. 1 para. 5B; 1984 c. 35 Sch. 2 para. 13(c); 1988 c. 33 Sch. 15 para. 37(2).
para. 151971 Sch. 1 para. 6; 1980 c. 20 s. 7(6); Education Reform Act 1988 (c. 40) Sch. 12 Part I para. 12; Education (Schools) Act 1992 (c. 38) Sch. 4 para. 3.
para. 161971 Sch. 1 para. 10; 1982 c. 10 Sch. 3 para. 2.
para. 171971 Sch. 1 para. 6A; 1979 c. 38 s. 24(1)(b).
para. 181971 Sch. 1 para. 6B; 1986 c. 60 Sch. 6 para. 6(c).
para. 191971 Sch. 1 para. 6C; 1990 c. 16 Sch. 3 para. 14(1).
para. 20S.I. 1984/1247 art. 2.
para. 211971 Sch. 1 para. 7; S.I. 1991/2699 art. 2(a).
para. 221971 Sch. 1 para. 8; 1978 c. 30 s. 17(2)(a).
para. 231971 Sch. 1 para. 9; 1978 c. 30 s. 17(2)(a).
para. 24S.I. 1974/1478 art. 2.
para. 251971 Sch. 1 para. 9A; Industry Act 1975 (c. 68) Sch. 3 para. 10.
para. 261971 Sch. 1 para. 10A; 1985 c. 65 Sch. 1 para. 5(4); Insolvency Act 1986 (c. 45) Sch. 14.
para. 271971 Sch. 1 para. 12.
para. 281971 Sch. 1 para. 12A; Local Government Finance Act 1988 (c. 41) Sch. 12 Pt. III para. 41; Local Government Finance Act 1992 (c. 14) Sch. 13 para. 31.
para. 291971 Sch. 1 para. 13.
para. 301971 Sch. 1 para. 14; Mental Health Act 1983 (c. 20) Sch. 4 para. 29.
para. 311971 Sch. 1 para. 16.
para. 32S.I. 1974/1964 art. 3.
para. 331971 Sch. 1 para. 17; National Health Service Reorganisation Act 1973 (c. 32) Sch. 4 para. 134; National Health Service Act 1977 (c. 49) Sch. 15 para. 53; National Health Service and Community Care Act 1990 (c. 19) s. 2(1)(b).
para. 341971 Sch. 1 para. 22; Patents, Designs and Marks Act 1986 (c. 39) Sch. 2 Part I para. 1(2)(d).
para. 35(a), (b)1971 Sch. 1 para. 23(a), (b).
(c)1971 Sch. 1 para. 23(d)
(d)1973 c. 38 s. 66(4), (9).
(e)1971 Sch. 1 para. 23(e); Social Security Act 1990 (c. 27) s. 12(2)(a).
(f)1971 Sch. 1 para. 23(c); 1972 c. 11 Sch. 6 para. 91(a); 1976 c. 35 Sch. 2 para. 9.
para. 361971 Sch. 1 para. 25; European Communities Act 1972 (c. 68) Sch. 4 para. 5(6).
para. 371971 Sch. 1 para. 28(b).
para. 381971 Sch. 1 para. 19(e), (f); Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) Sch. 4 para. 3.
para. 391971 Sch. 1 para. 29(a), (b), (d); 1978 c. 30 s. 17(2)(a).
para. 401971 Sch. 1 para. 30; Transport Act 1985 (c. 67) Sch. 2 Part II para. 2(2); 1991 c. 40 Sch. 7 para. 1.
para. 411971 Sch. 1 para. 30A; Social Security (Consequential Provisions) Act 1975 (c. 16) Sch. 2 para. 46; 1992 c. 6 Sch. 2 para. 9.
para. 421971 Sch. 1 para. 31; Transport Act 1985 (c. 67) Sch. 7 para. 15.
para. 43S.I. 1979/659 art. 2.
para. 44S.I. 1972/1210 art. 2(a).
para. 451971 Sch. 1 para. 32.
para. 461971 Sch. 1 para. 33; 1978 c. 30 s. 17(2)(a).
para. 471971 Sch. 1 para. 34.
para. 481971 Sch. 1 para. 35.
para. 49S.I. 1984/1094 art. 2; 1978 c. 30 s. 17(2)(a), 23(2).
para. 501971 Sch. 1 para. 36; 1978 c. 30 s. 17(2)(a); Education (Scotland) Act 1980 (c. 44) s. 28E(7); Education (Scotland) Act 1981 (c. 58) s. 1(1); Self-Governing Schools etc. (Scotland) Act 1989 (c. 39) Sch. 10 para. 4.
para. 511971 Sch. 1 para. 38; 1982 c. 10 Sch. 3 para. 2.
para. 521971 Sch. 1 para. 36A; 1990 c. 16 Sch. 3 para. 14(2).
para. 531971 Sch. 1 para. 37; S.I. 1991/2699 art. 3(a).
para. 541971 Sch. 1 para. 39.
para. 55S.I. 1974/1964 art. 3.
para. 561971 Sch. 1 para. 41; National Health Service (Scotland) Act 1972 (c. 58) Sch. 6 para. 152; National Health Service (Scotland) Act 1978 (c. 29) Sch. 16 para. 35; S.I. 1991/2699 art. 3(b).
para. 571971 Sch. 1 para. 43; 1972 c. 11 Sch. 6 para. 91(b); 1976 c. 35 Sch. 2 para. 9.
para. 58Tribunals and Inquiries (Valuation Appeal Committees) Order 1975 (S.I. 1975/1404) art. 3.
para. 591971 Sch. 1 para. 45; Rent (Scotland) Act 1984 (c. 58) Sch. 8 Part I para. 1.
para. 601971 Sch. 1 para. 46.
para. 611971 Sch. 1 para. 47.
para. 621971 Sch. 1 para. 48; Civic Government (Scotland) Act 1982 (c. 45) s. 18(11); Transport Act 1985 (c. 67) Sch. 2 part II para. 2(3).
para. 63S.I. 1972/1210 art. 2(b).
Sch. 2 paras. 1-41988 c. 33 s. 171(1); 1990 c. 41 s. 124(3); 1991 c. 48 s. 58(2).
para. 51971 Sch. 2 para. 1.
Sch. 3
Sch. 4

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