Commentary on Sections: Part 1
Section 40: Tribunal staff and services and Section 41: Provision of accommodation
198.Sections 40 and 41 are modelled on sections 2 and 3 of the Courts Act 2003 and grant the Lord Chancellor similar powers to provide staff, services and accommodation for tribunals. Section 40 allows the Lord Chancellor to employ civil servants as tribunal staff, so that he can discharge his duty of administering the tribunals and providing support services.
199.Subsection (2) enables the Lord Chancellor to contract out certain functions. However, subsection (3) (like section 2 of the Courts Act 2003), prohibits the Lord Chancellor from contracting out functions which involve making judicial decisions or exercising any judicial discretion.
200.A small number of tribunals listed in Schedule 6 have contracted out some staff functions. Examples include the Lands Tribunal, where some staff functions relating to the maintenance of the Tribunal’s library are contracted out; and the AIT, where typing services are contracted out.
201.Where it is decided that administrative functions are best delivered by contracting out, an order will be made under subsection (4) enabling contracts to be signed. Orders will be made only after consultation with the Senior President under subsection (5).
202.Section 41 gives the Lord Chancellor power to provide, equip, maintain and manage tribunal accommodation.
