Tribunals, Courts and Enforcement Act 2007

Part 3U.K.Making of Tribunal Procedure Rules by Tribunal Procedure Committee

Meaning of “Rules” and “the Committee”U.K.

27U.K.In the following provisions of this Part of this Schedule—

• “the Committee” means the Tribunal Procedure Committee;

• “Rules” means Tribunal Procedure Rules.

Process for making RulesU.K.

28(1)Before the Committee makes Rules, the Committee must—U.K.

(a)consult such persons (including such of the Chamber Presidents) as it considers appropriate,

(b)consult the Lord President of the Court of Session if the Rules contain provision relating to proceedings in Scotland, and

(c)meet (unless it is inexpedient to do so).

(2)Rules made by the Committee must be—

(a)signed by a majority of the members of the Committee, and

(b)submitted to the Lord Chancellor.

(3)The Lord Chancellor may allow or disallow Rules so made.

(4)If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so.

(5)Rules so made and allowed—

(a)come into force on such day as the Lord Chancellor directs, and

(b)are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.

[F1Delegation of functions to staff: reconsideration of decisionsU.K.

28A(1)Before making Rules that provide for the exercise of functions of the First-tier Tribunal or Upper Tribunal by authorised persons by virtue of paragraph 3, the Committee must take the following steps in relation to each of the functions in question.U.K.

(2)The Committee must consider whether the Rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.

(3)If the Committee considers that the rules should include such a right, it must include provision to that effect when it makes the Rules.

(4)If the Committee does not consider that the rules should include such a right, it must inform the Lord Chancellor of—

(a)its decision, and

(b)its reasons for reaching that decision.

(5)In this paragraph “authorised person” and “judicial office holder” have the same meanings as in Chapter 2A of Part 1 of this Act (see section 29A).]

Power of Lord Chancellor to require Rules to be madeU.K.

29(1)This paragraph applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Rules to include provision that would achieve a purpose specified in the notice.U.K.

(2)The Committee must make such Rules, in accordance with paragraph 28, as it considers necessary to achieve the specified purpose.

(3)Those Rules must be made—

(a)within such period as may be specified by the Lord Chancellor in the notice, or

(b)if no period is so specified, within a reasonable period after the Lord Chancellor gives the notice to the Committee.