2007 No. 2951

TRIBUNALS AND INQUIRIES

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

Made

Laid before Parliament

Coming into force

The Lord Chancellor makes the following Order in exercise of the powers conferred by paragraph 25(2) of Schedule 7 to the Tribunals, Courts and Enforcement Act 20071.

Citation and commencement1

This Order may be cited as the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 and shall come into force on 1st November 2007.

List of tribunals2

The following are listed tribunals for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007—

Tribunal

Legislation

Adjudicator to Her Majesty’s Land Registry

Section 107 of the Land Registration Act 2002 (c.9)

Adjudicators

Section 25 of the School Standards and Framework Act 1998 (c.31)

Adjudicators

Section 5 of the Criminal Injuries Compensation Act 1995 (c.53)

Adjudicators

Section 81 of the Traffic Management Act 2004 (c.18)

Admission Appeal Panels in England

Section 94(5) or 95(3) of the School Standards and Framework Act 1998 (c.31)

Agricultural Land Tribunals

Section 73 of the Agriculture Act 1947 (c.48)

Aircraft and Shipbuilding Industries Arbitration Tribunal, except for its functions in respect of Northern Ireland

Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (c.3)

Antarctic Act Tribunal, except for its functions in respect of Northern Ireland

Regulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490)

Appeal Tribunals

Part 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters’ Pension Scheme Order 1992 (S.I. 1992/129)

Appeal Tribunals

Section 4 of the Social Security Act 1998 (c.14)

Appeal Tribunals appointed for England and Wales

Regulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257)

Appeals Tribunals

Regulation 10 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483)

Arbitrators (unless appointed by agreement)

Section 84 of the Agricultural Holdings Act 1986 (c.5)

Asylum and Immigration Tribunal

Section 81 of the Nationality, Immigration and Asylum Act 2002 (c.41)

Asylum Support Adjudicators

Section 102 of the Immigration and Asylum Act 1999 (c.33)

Board of the Pension Protection Fund in respect of functions under or by virtue of section 207 of the Pensions Act 2004 (c.35)

Section 107 of the Pensions Act 2004 (c.35)

Bus Lane Adjudicators

Regulation 11 of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/2757)

Case Tribunals, or Interim Case Tribunals, drawn from the Adjudication Panel for England

Section 76 of the Local Government Act 2000 (c.22)

Charity Tribunal

Section 2A of the Charities Act 1993 (c.10)

Child Support Commissioners and any tribunal of Commissioners under paragraph 5 of Schedule 4 to the Child Support Act 1991 (c.48)

Section 22 of the Child Support Act 1991 (c.48)

Civil Aviation Authority in respect of its functions prescribed for the purposes of section 7(2) of the Civil Aviation Act 1982 (c.16), except functions in respect of Northern Ireland

Section 2 of the Civil Aviation Act 1982 (c.16)

Claims Management Services Tribunal

Section 12 of the Compensation Act 2006 (c.29)

Commissioners for the general purposes of the income tax for England and Wales

Section 2 of the Taxes Management Act 1970 (c.9)

Commissioners for the special purposes of the Income Tax Acts

Section 4 of the Taxes Management Act 1970 (c.9)

Committees for England

Section 27 of the Forestry Act 1967 (c.10)

Committees of Primary Care Trusts in England

Regulation 3 of the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I. 1992/664)

Competition Appeal Tribunal, except for its functions in respect of Northern Ireland

Section 12 of the Enterprise Act 2002 (c.40)

Comptroller in respect of non-executive functions, including any delegation of those functions under section 62(3) of the Patents and Designs Act 1907 (c.29), except functions in respect of Northern Ireland

Section 62(2) of the Patents and Designs Act 1907 (c.29)

Consumer Credit Appeals Tribunal, except for its functions in respect of Northern Ireland

Section 40A of the Consumer Credit Act 1974 (c.39)

Controller of Plant Variety Rights in respect of non-executive functions, including any delegation of those functions under paragraph 3 of Schedule 1 to the Plant Varieties Act 1997 (c.66), except functions in respect of Northern Ireland

Section 2(1) of the Plant Varieties Act 1997 (c.66)

Conveyancing Appeal Tribunals

Section 41 of the Courts and Legal Services Act 1990 (c.41)

Copyright Tribunal, except for its functions in respect of Northern Ireland

Section 145 of the Copyright, Designs and Patents Act 1988 (c.48)

Employment Tribunals

Section 1(1) of the Employment Tribunals Act 1996 (c.17)

Exclusion Appeal Panels in England

Paragraph 2 of the Schedule to the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (S.I. 2002/3178)

Family Health Services Appeal Authority in respect of its non-executive functions

Section 169 of the National Health Service Act 2006 (c.41)

Financial Services and Markets Tribunal, except for its functions in respect of Northern Ireland

Section 132 of the Financial Services and Markets Act 2000 (c 8)

Foreign Compensation Commission in respect of its non-executive functions

Section 1(1) of the Foreign Compensation Act 1950 (c.12)

Gambling Appeals Tribunal

Section 140 of the Gambling Act 2005 (c. 19)

Gender Recognition Panels, except for their functions in respect of Northern Ireland

Section 1(3) to the Gender Recognition Act 2004 (c.7)

Horserace Betting Levy Appeal Tribunals for England and Wales

Section 29 of the Betting, Gaming and Lotteries Act 1963 (c.2)

Immigration Services Tribunal

Section 87 of the Immigration and Asylum Act 1999 (c.33)

Information Commissioner in respect of non-executive functions, except functions in respect of Northern Ireland

Section 6(1) of the Data Protection Act 1998 (c.29)

Information Tribunal except in respect of appeals relating to national security and its functions in respect of Northern Ireland

Section 6(3) of the Data Protection Act 1998 (c.29)

Insolvency Practitioners Tribunal

Section 396(1) of the Insolvency Act 1986 (c.45)

Lands Tribunal

Section 1(1)(b) of the Lands Tribunal Act 1949 (c.42)

Mental Health Review Tribunals for England and Wales

Section 65 of the Mental Health Act 1983 (c.20)

National Lottery Commission in respect of its functions under sections 10 and 10A of, and Schedule 3 to, the National Lottery etc. Act 1993 (c.39), including any delegation under paragraph 8 of Schedule 2A to that Act, except for its functions in respect of Northern Ireland

Section 3A of the National Lottery etc. Act 1993 (c.39)

Ombudsman for the Board of the Pension Protection Fund in respect of functions under or by virtue of section 213 of the Pensions Act 2004 (c.35)

Section 209 of the Pensions Act 2004 (c.35)

Parking Adjudicators in England

Section 73 of the Road Traffic Act 1991 (c.40)

Pensions Appeal Tribunals for England and Wales

Paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39) and section 8(2) of the War Pensions (Administrative Provisions) Act 1919 (c.53)

Pensions Ombudsman, and any Deputy Pensions Ombudsman, in respect of functions under section 146(1)(c) and (d) of the Pensions Schemes Act 1993 (c.48)

Sections 145(1) and 145A(1) of the Pensions Schemes Act 1993 (c.48)

Pensions Regulator in respect of regulatory functions under section 93(2) of the Pensions Act 2004 (c.35)

Section 1 of the Pensions Act 2004 (c.35)

Pensions Regulator Tribunal in respect of functions under sections 103 and 105 of the Pensions Act 2004 (c.35)

Section 102 of the Pensions Act 2004 (c.35)

Plant Varieties and Seeds Tribunal, except for its functions in respect of Northern Ireland

Section 42(1) of the Plant Varieties Act 1997 (c.66)

Police Appeals Tribunals

Section 85 of the Police Act 1996 (c.16)

Primary Care Trusts in England in respect of their functions under the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I. 1992/664)

Section 18 of the National Health Service Act 2006 (c.41)

Referees

Regulation 3 of the Industrial Training (Levy Exemption References) Regulations 1974 (S.I. 1974/1335)

Reinstatement Committees

Paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c.17)

Rent Assessment Committees in England

Section 65 of the Rent Act 1977 (c.42)

Reserve Forces Appeal Tribunals

Section 88 of the Reserve Forces Act 1996 (c.14)

Road User Charging Adjudicators

Regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313)

Sea Fish Licence Tribunal, except for its functions in respect of Northern Ireland

Section 4AA of the Sea Fish (Conservation) Act 1967 (c.84)

Social Security Commissioners and any tribunal presided over by such a Commissioner

Schedule 4 to the Social Security Act 1998 (c.14)

Special Educational Needs and Disability Tribunal

Section 333 of the Education Act 1996 (c.56) or section 28H of the Disability Discrimination Act 1995 (c.50)

The Office of Fair Trading and any member of its staff authorised to exercise its relevant functions, except functions in respect of Northern Ireland

Functions of the Office of Fair Trading under the Consumer Credit Act 1974 (c.39) and the Estate Agents Act 1979 (c.38), not being executive functions

Traffic Commissioners for areas in England and Wales

Section 4 of the Public Passenger Vehicle Act 1981 (c.14)

Transport Tribunal

Schedule 4 to the Transport Act 1985 (c.67)

Tribunal

Section 704 of the Income Tax Act 2007 (c.3)

Tribunal

Section 706 of the Income and Corporation Taxes Act 1988 (c.1)

Tribunal, except for its functions in respect of Northern Ireland

Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)

Tribunal, except for its functions in respect of Northern Ireland

Schedule 3 to the Industry Act 1975 (c.68)

Tribunal, except for its functions in respect of Northern Ireland

Section 9 of the Protection of Children Act 1999 (c.14)

Tribunals

Rule 6 of the model provisions with respect to appeals as modified by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030)

Tribunals

Section 150(3) of the Mines and Quarries Act 1954 (c.70)

Tribunals for England and Wales

Section 14 of the Misuse of Drugs Act 1971 (c.38)

Tribunals of Appeal

Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii)

Umpire and any Deputy Umpires

Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c.17)

Valuation Tribunals in England

Regulations under Schedule 11 to the Local Government Finance Act 1988 (c.41)

VAT and Duties Tribunals for England, Wales and Northern Ireland

Schedule 12 to the Value Added Tax Act 1994 (c.23)

Signed by authority of the Lord Chancellor

Bridget PrenticeParliamentary Under Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under the Tribunals, Courts and Enforcement Act 2007. That Act establishes the Administrative Justice and Tribunals Council (AJTC) to replace the Council on Tribunals and provides for the AJTC to keep under review, consider and report on matters relating to the listed tribunals. On the coming into force of the 2007 Act the only listed tribunals were the two new tribunals provided for in the 2007 Act, being the First-tier Tribunal and the Upper Tribunal. This Order designates as listed tribunals additional entities which the AJTC will keep under review, consider and report on. Orders will also be made by the Scottish Ministers and the Welsh Ministers in relation to those tribunals for which they are the “authority responsible” (as defined in paragraph 25(3) of Schedule 7 to the 2007 Act).

The power to designate a tribunal as a listed tribunal is restricted where a tribunal exercises functions with respect to a matter which (were it to be legislated upon) would be within the legislative competence of the Northern Ireland Assembly. For this reason the list of tribunals in this Order excludes some tribunals’ functions in respect of Northern Ireland.

An impact assessment has been prepared and was included in the Public Sector Impact Assessment forming subject I in the document “Tribunals, Courts and Enforcement Bill: Regulatory Impact Assessments”. A copy can be found at http://www.dca.gov.uk/risk/tce_bill.pdf.