SCHEDULE 2Consequential amendments to secondary legislation
Lands Tribunal (Statutory Undertakers Compensation Jurisdiction) Order 1952
1
The Lands Tribunal (Statutory Undertakers Compensation Jurisdiction) Order 1952104 is amended as follows.
2
In article 3 (transfer of jurisdiction) for “Lands Tribunal” substitute “Upper Tribunal”.
3
In article 8 (provision for variation) for “Rules made under the Lands Tribunal Act” substitute “Tribunal Procedure Rules”.
Landlord and Tenant (Determination of Rateable Value Procedure) Rules 1954
4
The Landlord and Tenant (Determination of Rateable Value Procedure) Rules 1954105 are amended as follows.
5
In rule 8 for “Lands Tribunal” substitute “Upper Tribunal”.
6
In the Schedule (forms A and B), in the Schedule to Form B, for the words from “Lands Tribunal” to the end substitute “Upper Tribunal.”.
Government Oil Pipe-Lines Regulations 19597
In regulation 7(1) and (2) of the Government Oil Pipe-Lines Regulations 1959106 (determination of disputes) for “Lands Tribunal” substitute “Upper Tribunal”.
Opencast Coal (Fees) Regulations 19608
In paragraph 1(a) of the Schedule to the Opencast Coal (Fees) Regulations 1960107 for “Lands Tribunal” substitute “Upper Tribunal”.
Registers of Drainage Boards Regulations 19689
In regulation 13(4) of the Registers of Drainage Boards Regulations 1968108 (appeals)—
a
in sub-paragraphs (a) and (b) for “Lands Tribunal” substitute “Upper Tribunal”;
b
in sub-paragraph (b) for the words from “the Tribunal may be required” to the end substitute “an appeal may be brought against that decision to the Court of Appeal expires without any such appeal having been brought;”;
c
in sub-paragraph (c)—
i
omit “in pursuance of such a requirement such a case is stated and signed and”; and
ii
for “on that case” substitute “on that appeal”;
d
in sub-paragraph (e) omit “or case stated”; and
e
in sub-paragraph (f) omit “or for the opinion of which a case has been stated”.
Pensions Increase (Judicial Pensions) Regulations 197210
Omit paragraph 15 of the Schedule to the Pensions Increase (Judicial Pensions) Regulations 1972109 (judicial pensions – tables of multipliers).
Pensions Increase (Judicial Pensions) Regulations 197411
Omit paragraph 5 of the Schedule to the Pensions Increase (Judicial Pensions) Regulations 1974110 (judicial pensions to which the 1974 Act is to apply).
Town and Country Planning (Compensation and Certificates) Regulations 1974
12
The Town and Country Planning (Compensation and Certificates) Regulations 1974111 are amended as follows.
13
In regulation 7 (claims for compensation under Part 7 of the Act - disputes)—
a
in paragraph (1) for “within 30 days of the issue of the Secretary of State’s findings, give notice in writing to the Lands Tribunal that he disputes the findings, or as the case may be, the apportionment, and thereupon the dispute shall be referred to the Tribunal” substitute “refer the dispute to the Upper Tribunal”;
b
in paragraph (2) for “give the notice referred to in” substitute “refer a dispute to the Upper Tribunal under”;
c
in paragraph (3) for the words from “shall, on compliance” to the end substitute “shall be entitled to be a party to any proceedings under this regulation in the Upper Tribunal.”; and
d
in paragraph (4)—
i
for “Lands Tribunal” substitute “Upper Tribunal”;
ii
omit “by their decision”; and
iii
omit “, and shall notify the parties of their decision”.
14
In regulation 12 (claims by rentcharge owners – disputes)—
a
in paragraph (3) for the words from “, within thirty days” to the end substitute “refer the dispute to the Upper Tribunal.”;
b
in paragraph (4) for “notice of dispute has been given” substitute “dispute has been referred to the Upper Tribunal”;
c
in paragraph (5) for “give a notice of dispute” substitute “refer a dispute to the Upper Tribunal”;
d
in paragraph (6) for the words from “shall, on compliance” to the end substitute “shall be entitled to be a party to any proceedings under this regulation in the Upper Tribunal.”;
e
in paragraph (7)—
i
for “Lands Tribunal” in each place substitute “Upper Tribunal”;
ii
omit “by their decision” in each place; and
iii
omit “and shall notify the parties of their decision”; and
f
in paragraph (8) for “Lands Tribunal vary” substitute “Upper Tribunal varies”.
15
In regulation 15 (contributions by Secretary of State under Part 8 of the Act – disputes)—
a
in paragraph (1) for the words from “within 30 days” to “to the Lands Tribunal for determination” substitute “refer the dispute to the Upper Tribunal”;
b
in paragraph (2) for the words from “shall be entitled” to the end substitute “shall be entitled to be a party to any proceedings under this regulation in the Upper Tribunal.”; and
c
in paragraph (3)—
i
for “Lands Tribunal” substitute “Upper Tribunal”;
ii
omit “by their decision”; and
iii
omit “, and shall notify the parties of their decision”.
16
In paragraph 4(b)(ii) of Schedule 2 (provisions for determining rentcharge payments)—
a
for “Lands Tribunal” substitute “Upper Tribunal”; and
b
for “them” substitute “it”.
Land Charges Rules 197417
In rule 10(ii) of the Land Charges Rules 1974112 for “Lands Tribunal” substitute “Upper Tribunal”.
Internal Drainage Boards (Acquisition of New Interests and Rights) Regulations 197718
In regulation 11 of the Internal Drainage Boards (Acquisition of New Interests and Rights) Regulations 1977113, in the provisions substituted for section 8(1) of the Compulsory Purchase Act 1965114—
a
in subsection (1)—
i
for “Lands Tribunal determines” substitute “Upper Tribunal determines”; and
ii
for “Lands Tribunal so determine” substitute “Upper Tribunal so determines”; and
b
in subsection (1A) for “Lands Tribunal” substitute “Upper Tribunal”.
Local Lands Charges Rules 1977
19
The Local Lands Charges Rules 1977115 are amended as follows.
20
In rule 10(1) and (7) (light obstruction notices) for “Lands Tribunal” substitute “Upper Tribunal”.
21
In Part 11 of Schedule 2 (particulars of registration) for “Lands Tribunal” in each place substitute “Upper Tribunal”.
22
In item 2 in the table in Schedule 3 (fees) for “Lands Tribunal” substitute “Upper Tribunal”.
Control of Off-Street Parking (England and Wales) Order 197823
In paragraph 22(4) of the Schedule to the Control of Off-Street Parking (England and Wales) Order 1978116 (right to compensation in certain circumstances)—
a
for “Lands Tribunal” substitute “Upper Tribunal”; and
b
for “sections 2 and” substitute “section”.
Control of Off-Street Parking (England and Wales) (Metropolitan Districts) Order 198624
In paragraph 22(4) of the Schedule to the Control of Off-Street Parking (England and Wales) (Metropolitan Districts) Order 1986117 (right to compensation in certain circumstances)—
a
for “Lands Tribunal” substitute “Upper Tribunal”; and
b
for “sections 2 and” substitute “section”.
Stamp Duty Reserve Tax Regulations 198625
In regulation 8 of the Stamp Duty Reserve Tax Regulations 1986118 (appeals against determination)—
a
in paragraphs (4) and (4A) omit “Lands”;
b
in paragraph (4B)—
i
for “appropriate Lands” substitute “appropriate”; and
ii
in sub-paragraph (a) for “Lands Tribunal” substitute “Upper Tribunal”.
Court Funds Rules 1987
26
The Court Funds Rules 1987119 are amended as follows.
27
In rule 2(2) (interpretation)—
a
in the definition of “Court” for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in the definition of “Order” for “under the seal of the Lands Tribunal” substitute “of the Upper Tribunal”.
28
In rule 7(3) (payment schedule) for “Lands Tribunal” substitute “Upper Tribunal”.
29
In rule 8(1) (preparation and amendment of schedules) for “Lands Tribunal” substitute “Upper Tribunal”.
Judicial Pensions (Preservation of Benefits) Order 198830
In Schedule 1 to the Judicial Pensions (Preservation of Benefits) Order 1988120 (schemes) in the final paragraph omit “Member of the Lands Tribunal”.
Judicial Pensions (Requisite Benefits) Order 198831
In Schedule 1 to the Judicial Pensions (Requisite Benefits) Order 1988121 (schemes) in the final paragraph omit “Member of the Lands Tribunal”.
Valuation and Community Charge Tribunals Regulations 1989
32
The Valuation and Community Charge Tribunals Regulations 1989122 are amended as follows.
33
In regulation 31(1)(d) (community charge appeals - review of decisions) for “Lands Tribunal” substitute “Upper Tribunal”.
34
In regulation 49(5)(c) (council tax appeals - review of decisions) for “Lands Tribunal” substitute “Upper Tribunal”.
Non-Domestic Rating (Miscellaneous Provisions) Regulations 198935
In regulation 3 to the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989123 for “Lands Tribunal” substitute “Upper Tribunal”.
Housing (Prescribed Forms) (No.2) Regulations 199036
In the Schedule to the Housing (Prescribed Forms) (No.2) Regulations 1990124, in Forms 13, 14, 20 and 21, in the Schedule to each form for “Lands Tribunal” substitute “Upper Tribunal”.
Non-Domestic Rating (Payment of Interest) Regulations 199037
In regulation 3(4) and (5)(b) of the Non-Domestic Rating (Payment of Interest) Regulations 1990125 (entitlement to interest) for “Lands Tribunal” substitute “Upper Tribunal”.
Civil Aviation Act 1982 (Jersey) Order 199038
In paragraph 29(a)(i) of Schedule 1 to the Civil Aviation Act 1982 (Jersey) Order 1990126 (extension of provisions of the Civil Aviation Act 1982 to the Bailiwick of Jersey)—
a
after ““accounting year”,” insert ““the appropriate tribunal”,”; and
b
omit ““the Lands Tribunal”,”.
Ancient Monuments (Claims for Compensation) (England) Regulations 199139
In the Schedule to the Ancient Monuments (Claims for Compensation) (England) Regulations 1991127—
a
in Part 1 (claim for compensation under sections 7, 9 or 46 of the Ancient Monuments and Archaeological Areas Act 1979) in footnote 7 for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in Part 2 (claim for compensation from the Historic Buildings and Monuments Commission for England for Damage Caused to Land or Chattels) in footnote 2 for “Lands Tribunal” substitute “Upper Tribunal”.
Civil Aviation Act 1982 (Guernsey) Order 199240
In paragraph 29(a)(i) of Schedule 1 to the Civil Aviation Act 1982 (Guernsey) Order 1992128 (extension of provisions of the Civil Aviation Act 1982 to the Bailiwick of Guernsey)—
a
after ““accounting year”,” insert ““the appropriate tribunal”,”; and
b
omit ““the Lands Tribunal”,”.
Town and Country Planning General Regulations 199241
In Schedule 2 to the Town and Country Planning General Regulations 1992129 in the form entitled “Town and Country Planning Act 1990: Counter-Notice objecting to Blight Notice”—
a
for “to the Lands Tribunal” substitute “to the Upper Tribunal”; and
b
for “the Registrar, The Lands Tribunal, 48/49 Chancery Lane, London WC2A 1JR” substitute “the Upper Tribunal”.
Non-Domestic Rating Contributions (England) Regulations 199242
In paragraph 4(6)(a) and (b) of Schedule 1 to the Non-Domestic Rating Contributions (England) Regulations 1992130 (rules for the calculation of non-domestic rating contributions) for “Lands Tribunal” substitute “Upper Tribunal”.
Council Tax (Alteration of Lists and Appeals) Regulations 199343
In regulation 30(1)(c) of the Council Tax (Alteration of Lists and Appeals) Regulations 1993131 (review of decisions) for “Lands Tribunal” substitute “Upper Tribunal”.
Channel Tunnel (Security) Order 199444
In Schedule 2 to the Channel Tunnel (Security) Order 1994132 (provisions relating to compensation)—
a
in paragraph 7 for “Lands Tribunal” substitute “appropriate tribunal”;
b
after paragraph 7 insert—
7A
In paragraph 7 “appropriate tribunal” means—
a
in the application of this Schedule to England and Wales, the Upper Tribunal;
b
in the application of this Schedule to Scotland, the Lands Tribunal for Scotland;
c
in the application of this Schedule to Northern Ireland, the Lands Tribunal for Northern Ireland.
c
omit paragraphs 8(b) and 9(b) and the “and” immediately preceding each of them.
Conservation (Natural Habitats &c.) Regulations 1994
45
The Conservation (Natural Habitats &c.) Regulations 1994133 are amended as follows.
46
In regulation 16(4) (management agreements) for “Lands Tribunal” substitute “Upper Tribunal”.
47
In regulation 59(3) (planning permission: supplementary provisions as to compensation) for “Lands Tribunal” substitute “Upper Tribunal”.
48
In regulation 74(4) (consents under Electricity Act 1989: compensation for revocation or variation) for “Lands Tribunal, or” substitute “Upper Tribunal or (in the application of these Regulations to Scotland)”.
49
In regulation 78(4) (authorisations under the Pipe-lines Act 1962: compensation for revocation or variation) for “Lands Tribunal, or” substitute “Upper Tribunal or (in the application of these Regulations to Scotland)”.
50
In regulation 82(4) (orders under the Transport and Works Act 1992: compensation for revocation or variation) for “Lands Tribunal” substitute “Upper Tribunal”.
51
In regulation 92 (compensation: other supplementary provisions)—
a
in paragraph (3) for “by the Lands Tribunal” substitute “by the Upper Tribunal”; and
b
in paragraph (4) for “sections 2 and” substitute “section”.
52
In regulation 96(2) and (3) (compensation: England and Wales) for “Lands Tribunal” substitute “Upper Tribunal”.
Town and Country Planning (Minerals) Regulations 199553
In the Schedule to the Town and Country Planning (Minerals) Regulations 1995134, in the entry for paragraph 2 in column (2), for “Lands Tribunal” substitute “Upper Tribunal”.
Goods Vehicles (Licensing of Operators) Regulations 199554
In Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations 1995135 (inquiries) omit paragraph 2(5).
Lands Tribunal Rules 1996
55
The Lands Tribunal Rules 1996136 are amended as follows.
56
For rule 1 (citation and commencement) substitute—
Citation, commencement and application1
1
These Rules may be cited as the Lands Tribunal Rules 1996 and shall come into force on 1st May 1996.
2
These Rules apply to proceedings which have been assigned to the Lands Chamber of the Upper Tribunal by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008137.
57
1
Rule 2 (interpretation) is amended as follows.
2
In paragraph (1)—
a
in the definition of “appeal”—
i
after ““appeal”” insert “, except in Part 9,”; and
ii
omit “Lands”;
b
after the definition of “authority” insert—
“compulsory purchase compensation reference” means a reference of a question to the Tribunal—
- a
under section 1 of the 1961 Act;
- b
under section 11(4) of the Compulsory Purchase (Vesting Declarations) Act 1981138; or
- c
to which the provisions of section 4 of the 1961 Act apply, with the exception of references—
c
omit the definitions of—
i
“the office”; and
ii
“the President”;
d
in the definition of “proceedings” omit “Lands”;
e
in the definition of “the registrar” for “an officer of the Lands Tribunal authorised by the Lord Chancellor, after consulting the Lord Chief Justice,” substitute “a member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007142 (tribunal staff and services) and authorised by the Senior President of Tribunals”; and
f
for the definition of “the Tribunal” substitute—
“the Tribunal” means the Upper Tribunal;
3
Omit paragraph (1A).
58
After rule 2 insert—
Delegation to staff2A
1
Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
2
The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
3
Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
59
Omit rule 3 (selection and powers of members of the tribunal).
60
In rule 5 (hearings to be held in public: exceptions)—
a
for the heading substitute “Public and private hearings”;
b
in paragraph (1) for “All” substitute “Subject to paragraph (1A), all”;
c
after paragraph (1) insert—
1A
Any hearing in proceedings on a compulsory purchase compensation reference shall be in public.
d
for paragraph (2) substitute—
2
A judge or other member of the Tribunal shall be entitled to attend a hearing whether or not it is in private, notwithstanding that they do not constitute the Tribunal for the purpose of the hearing.
61
In rule 5A (application of Part 2A) omit “Lands”.
62
In rule 5B(A) and (1) (interpretation) for “first-tier tribunal” substitute “first instance tribunal”.
63
In rule 5C (application for permission to appeal)—
a
in paragraphs (1), (2), (4)(c) and (5) omit “Lands”; and
b
in paragraphs (1), (2) and (4)(b) for “first-tier” substitute “first instance”.
64
In rule 6 (notice of appeal)—
a
in paragraph (1) omit “Lands”;
b
after paragraph (1) insert—
1ZA
In an appeal under regulation 37(1) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005143 or regulation 37(1) of the Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2005144, for the purposes of paragraph (1) of this rule the date on which the disputed decision was sent includes—
i
if an application for the disputed decision to be reviewed was made within the time specified in regulation 35(3) of either Regulations, the date on which notice of a decision not to undertake a review was served; or
ii
the date on which notice was served of a decision not to set aside the disputed decision on a review under regulation 35(1) of either Regulations.
c
in paragraph (1B)(b) for “first-tier” substitute “first instance”; and
d
in paragraph (5) omit “Lands”.
65
In rule 9 (application of Part 4) omit “Lands”.
66
In rule 10 (notice of reference)—
a
in paragraph (4)(b) omit “Lands”; and
b
after paragraph (5) add—
6
In a reference under section 153(1) of the Town and Country Planning Act 1990145, the notice of reference must be given to the Tribunal within two months of the date of service of the counter-notice.
7
In a reference under regulation 7(1) or 12(3) of the Town and Country Planning (Compensation and Certificates) Regulations 1974146, the notice of reference must be given to the Tribunal within 30 days of the issue of notice of the decision or findings to which the dispute relates.
8
In a reference under regulation 15(1) of the Town and Country Planning (Compensation and Certificates) Regulations 1974—
a
the notice of reference must be given to the Tribunal within 30 days of the Secretary of State’s determination; and
b
the notice of reference must specify whether the objection is on ground (a) or ground (b) as set out in regulation 14(4) of those Regulations.
67
In rule 16 (suspension of proceedings)—
a
omit “the President or”;
b
in paragraph (a) omit “his or”; and
c
omit “he or”.
68
In rule 17 (order without hearing, etc.)—
a
in paragraph (1)—
i
for “President” substitute “Tribunal”;
ii
for “he” substitute “the Tribunal”; and
iii
for “his” substitute “its”; and
b
in paragraph (2) for “President” substitute “Tribunal”.
69
In rule 19 (enquiries of local authorities)—
a
for “the President or the Tribunal consider” substitute “the Tribunal considers”; and
b
for “they” substitute “the Tribunal”.
70
In rule 21(1) (form of application under section 2 of the Rights of Light Act 1959) omit “Lands”.
71
In rule 26(f) (application of the Arbitration Act 1996) omit “Lands”.
72
In rule 26A (application of the Arbitration Act 1996) omit “Lands” in both places.
73
In rule 28 (simplified procedure)—
a
in paragraph (1) for “A member” substitute “The Tribunal”; and
b
for paragraph (9) substitute—
9
The hearing shall be informal and the Tribunal shall act as if it were an arbitrator and shall adopt any procedure that it considers to be fair.
74
Omit rule 29A (assessors).
75
In rule 30(1) (consolidation of proceedings) omit—
a
“the President or”; and
b
“his or”.
76
In rule 31 (power to select test case in appeals or references)—
a
in paragraph (1)—
i
for “President” substitute “Tribunal”; and
ii
for “he” substitute “the Tribunal”; and
b
omit paragraph (2).
77
In rule 32(a) (application of Arbitration Act 1996) omit “Lands”.
78
In rule 33 (evidence)—
a
in paragraph (1) omit “or President”; and
b
in paragraph (3) for “President” in each place substitute “Tribunal”.
79
In rule 37(1) and (2) (right of audience) omit “the President or”.
80
In rule 38 (interlocutory applications)—
a
in paragraphs (1), (8), (9) and (10) for “President” substitute “Tribunal” and;
b
omit paragraph (11).
81
In rule 39(6) (pre-trial review) for “(11)” substitute “(10)”.
82
In rule 43 (preliminary issues)—
a
in paragraph (1) omit “President or the”; and
b
in paragraph (3) for “President” substitute “Tribunal”.
83
In rule 45 (withdrawal or dismissal of appeal etc, before hearing)—
a
in paragraph (2)—
i
for “President”, in each place, substitute “Tribunal”; and
ii
for “he” substitute “it”; and
b
in paragraph (3) for “President” substitute “Tribunal”.
84
In rule 47 (failure to comply with the rules not to render proceedings invalid) omit “the President or”.
85
In rule 48 (procedure at hearing) omit “and to any direction by the President”.
86
In rule 50 (decision of tribunal)—
a
in paragraph (5) for “Registrar” substitute “Tribunal”;
b
in paragraph (6) for “on which a case has been stated for the decision of the Court of Appeal” substitute “which has been appealed to the Court of Appeal”; and
c
after paragraph (6) insert—
7
Where the Tribunal has made an award in proceedings on a compulsory purchase compensation reference, on the application of any party the Tribunal must specify the amount awarded in respect of any particular matter the subject of the award.
87
In rule 52 (costs)—
a
for the heading substitute “taxation of costs”;
b
omit paragraph (1);
c
in paragraph (3)—
i
for “President who” substitute “Tribunal which”; and
ii
for “he” substitute “it”; and
d
in paragraph (7)
i
for “President”, in each place, substitute “Tribunal”; and
ii
for “he” substitute “it”.
88
In rule 54 (service of notices)—
a
omit paragraph (4); and
b
in paragraph (5) omit—
i
“President or to any member of the Lands”; and
ii
“at the office”.
89
In rule 56 (substituted service) omit—
a
“President or the”; and
b
“President or”.
90
For Part 9 (transitional provisions) substitute—
PART 8APermission to appeal to the Court of Appeal and review
Interpretation of Part 8A57
In this Part—
“appeal” means the exercise of a right of appeal on a point of law under section 13 of the Tribunals, Courts and Enforcement Act 2007; and
“review” means the review of a decision by the Tribunal under section 10 of that Act.
Application for permission to appeal58
1
A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.
2
An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received within 28 days after the date on which the Tribunal sent a copy of the decision, or an order stating its effect, to the party making the application.
3
If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (2), or by any extension of time under rule 35 (extension of time)—
a
the application must include a request for an extension of time and the reason why the application was not sent or delivered to the Tribunal in time; and
b
unless the Tribunal decides to extend time for the application, the Tribunal must refuse the application.
4
An application under paragraph (1) must—
a
identify the decision of the Tribunal to which it relates;
b
identify the alleged error or errors of law in the decision; and
c
state the result the person making the application is seeking.
Tribunal’s consideration of application for permission to appeal59
1
On receiving an application for permission to appeal the Tribunal may review the decision in accordance with rule 60 (review of a decision), but may only do so if—
a
when making the decision the Tribunal overlooked a legislative provision or binding authority which could have had a material effect on the decision; or
b
since the Tribunal’s decision, a court has made a decision which is binding on the Tribunal and which, had it been made before the Tribunal’s decision, could have had a material effect on the decision.
2
If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.
3
The Tribunal must send a record of its decision to the parties as soon as practicable.
4
If the Tribunal refuses permission to appeal it must send with the record of its decision—
a
a statement of its reasons for such refusal; and
b
notification of the right to make an application to the relevant appellate court for permission to appeal and the time within which, and the method by which, such application must be made.
5
The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.
Review of a decision60
1
The Tribunal may only undertake a review of a decision pursuant to rule 59(1) (review on an application for permission to appeal).
2
The Tribunal must notify the parties in writing of the outcome of any review and of any rights of review or appeal in relation to the outcome.
3
If the Tribunal decides to take any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.
91
In Schedule 1—
a
in Form 1 (application for certificate under section 2 of the Rights of Light Act 1959) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”;
b
in Form 2 (temporary certificate for registration of a notice under section 2 of the Rights of Light Act 1959) for “Lands Tribunal” substitute “Upper Tribunal”;
c
in Form 3 (certificate for registration of a notice under section 2 of the Rights of Light Act 1959) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”; and
d
in Form 4 (certificate for registration of a notice under section 2 of the Rights of Light Act 1959 following registration of a temporary notice) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
92
Omit Schedule 2 (revocations).
Hedgerows Regulations 199793
In regulation 14 of the Hedgerows Regulations 1997147 (rights of entry: supplementary provisions)—
a
in paragraph (5) for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in paragraph (6) for “sections 2 and” substitute “section”.
Anti-Pollution Works Regulations 199994
In paragraph 6 of the Schedule to the Anti-Pollution Works Regulations 1999148 (compensation for grant of rights)—
a
in sub-paragraph (1) for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in sub-paragraph (2)—
i
for “sections 2 and” substitute “section”;
ii
omit “procedure on references to the Lands Tribunal and”; and
iii
omit paragraph (a) and the following “and”.
Leasehold Valuation Tribunals (Procedure) (England) Regulations 200395
In regulation 20 of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003149 (permission to appeal) for “Lands Tribunal” substitute “Upper Tribunal”.
Fur Farming (Compensation Scheme) (England) Order 2004
96
The Fur Farming (Compensation Scheme) (England) Order 2004150 is amended as follows.
97
In regulation 5(3)(b) (determination of entitlement to compensation) for “Lands Tribunal” substitute “Upper Tribunal”.
98
In regulation 6(3)(c) and (4)(b) (determination as to amount) for “Lands Tribunal” substitute “Upper Tribunal”.
Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 200499
In the Schedule to the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004151 (forms)—
a
in Form 8 (notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order), in paragraph 3 for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in Form 9 (notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council), in paragraph 3 for “Lands Tribunal” substitute “Upper Tribunal”.
Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005
100
The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005152 are amended as follows.
101
In regulation 4(1)(e) and (3)(b)(ii) and (c) (circumstances in which proposals may be made) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
102
In regulation 8(10)(b)(i) and (ii) (invalid proposals) for “Lands Tribunal” substitute “Upper Tribunal”.
103
In regulation 17(4)(b) and (5)(b)(i) and (ii) (notification of alteration) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
104
In regulation 35(2), (5)(c) and (9) (review of decisions) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
105
In regulation 37 (appeals)—
a
in paragraphs (1), (5) and (6) for “Lands Tribunal” substitute “Upper Tribunal”; and
b
omit paragraphs (3) and (4).
106
In regulation 39(1)(b), (3) and (4) (notification of further proceedings) for “Lands Tribunal” substitute “Upper Tribunal”.
Public Contracts Regulations 2006107
In Schedule 1 to the Public Contracts Regulations 2006153 (GPA annex 1 contracting authorities) omit the entry relating to the Lands Tribunal.
Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
108
The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006154 are amended as follows.
109
In regulation 11(1)(g) (registers of licences) for “Lands Tribunal” substitute “Upper Tribunal”.
110
In regulation 12(1)(g) (registers of temporary exemption notices) for “Lands Tribunal” substitute “Upper Tribunal”.
111
In regulation 13(1)(f) (registers of management orders) for “Lands Tribunal” substitute “Upper Tribunal”.
Residential Property Tribunal Procedure (England) Regulations 2006112
In regulation 35(1), (2) and (6) of the Residential Property Tribunal Procedure (England) Regulations 2006155 for “Lands Tribunal” substitute “Upper Tribunal”.
Contaminated Land (England) Regulations 2006113
In Schedule 2 to the Contaminated Land (England) Regulations 2006156 (compensation for rights of entry etc.)—
a
in paragraph 5(3) for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in paragraph 6—
i
in sub-paragraphs (2)(c) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and
ii
for sub-paragraph (4) substitute—
4
In relation to the determination of any such question, section 4 of the 1961 Act (costs) applies as if the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.
Transport and Works (Model Clauses for Railways and Tramways) Order 2006
114
The Transport and Works (Model Clauses for Railways and Tramways) Order 2006157 is amended as follows.
115
In Schedule 1 (model clauses for railways)—
a
in clause 1(1) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in paragraph 5 of Schedule 8, in the provisions substituted for section 8 of the Compulsory Purchase Act 1965, in subsection (1)(a) for “Lands Tribunal” substitute “Upper Tribunal”.
116
In Schedule 2 (model clauses for tramways)—
a
in clause 1(1) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”; and
b
in paragraph 5 of Schedule 8, in the provisions substituted for section 8 of the Compulsory Purchase Act 1965, in subsection (1)(a) for “Lands Tribunal” substitute “Upper Tribunal”.
Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006117
In paragraph 9 of Schedule 4 to the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006158 (review of decisions and consents) for “Lands Tribunal” substitute “Upper Tribunal”.
National Assembly for Wales (Disqualification) Order 2006118
In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006159 (bodies of which all members are disqualified) omit the entry for the Lands Tribunal.
Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007119
In regulation 3(b) of the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007160 (form and content of summary of rights and obligations of interest), in paragraph (6) of the statement for “Lands Tribunal” substitute “Upper Tribunal”.
Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007120
In regulation 2(b) of the Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007161 (form and content of summary of rights and obligations), in paragraph (7) of the statement for “Lands Tribunal” substitute “Upper Tribunal”.
Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007121
In article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007162 (list of tribunals) omit the entries relating to—
a
the Commissioners for the general purposes of the income tax for England and Wales;
b
the Commissioners for the special purposes of the Income Tax Acts;
c
the Lands Tribunal;
d
the tribunal established under section 706 of the Income and Corporation Taxes Act 1988;
e
the tribunal established under section 704 of the Income Tax Act 2007; and
f
VAT and Duties Tribunals for England, Wales and Northern Ireland.
Environmental Permitting (England and Wales) Regulations 2007
122
The Environmental Permitting (England and Wales) Regulations 2007163 are amended as follows.
123
In regulation 72 after paragraph (10) add—
11
In the application of any provision by virtue of this regulation—
a
any reference to the Lands Tribunal must be read as a reference to the Upper Tribunal;
b
any reference to section 2 of the Land Compensation Act 1961 must be omitted; and
c
for the purposes of the Tribunal Procedure (Upper Tribunal) (Land Chamber) Rules 2009, any proceedings to which section 2 of the Land Compensation Act 1961 would have applied but for sub-paragraph (b) shall be proceedings on a compulsory purchase compensation reference.
124
In paragraph 26 of Schedule 5 (environmental permits – payment of compensation)—
a
in sub-paragraphs (2)(c) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and
b
for sub-paragraph (4) substitute—
4
In relation to the determination of such a question, section 4 of the Land Compensation Act 1961 applies as if the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.
London Gateway Port Harbour Empowerment Order 2008125
In article 2(1) of the London Gateway Port Harbour Empowerment Order 2008164 (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”.
Judicial Appointments Order 2008126
In Part 1 of Schedule 1 to the Judicial Appointments Order 2008165 (offices for which a Fellow of the Institute of Legal Executives holds a relevant qualification) at the end of the list add—
Adjudicators appointed under regulation 9 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008166