Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 2 — Tribunal Procedure Committee
137

      (2)
Rules may make provision for the setting aside of a decision in proceedings
before the First-tier Tribunal or Upper Tribunal—
(a)
where a document relating to the proceedings was not sent to, or was
not received at an appropriate time by, a party to the proceedings or
a party’s representative,
5
(b)
where a document relating to the proceedings was not sent to the
First-tier Tribunal or Upper Tribunal at an appropriate time,
(c)
where a party to the proceedings, or a party’s representative, was not
present at a hearing related to the proceedings, or
(d)
where there has been any other procedural irregularity in the
10
proceedings.
      (3)
Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be
prejudiced by, any power to correct errors or set aside decisions that is
exercisable apart from rules made by virtue of those sub-paragraphs.
Ancillary powers
15
16
Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such
ancillary powers as are necessary for the proper discharge of its functions.
Rules may refer to practice directions
17
Rules may, instead of providing for any matter, refer to provision made or
to be made about that matter by directions under section 23.
20
Presumptions
18
Rules may make provision in the form of presumptions (including, in
particular, presumptions as to service or notification).
Differential provision
19
Rules may make different provision for different purposes or different areas.
25
Part 2
Tribunal Procedure Committee
Membership
20
The Tribunal Procedure Committee is to consist of—
(a)
the Senior President of Tribunals or a person nominated by him,
30
(b)
the persons currently appointed by the Lord Chancellor under
paragraph 21,
(c)
the persons currently appointed by the Lord Chief Justice of England
and Wales under paragraph 22,
(d)
the person currently appointed by the Lord President of the Court of
35
Session under paragraph 23, and
(e)
any person currently appointed under paragraph 24 at the request of
the Senior President of Tribunals.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 2 — Tribunal Procedure Committee
138

Lord Chancellor’s appointees
21    (1)
The Lord Chancellor must appoint—
(a)
three persons each of whom must be a person with experience of—
(i)
practice in tribunals, or
(ii)
advising persons involved in tribunal proceedings, and
5
(b)
one person nominated by the Administrative Justice and Tribunals
Council.
      (2)
Before making an appointment under sub-paragraph (1), the Lord
Chancellor must consult the Lord Chief Justice of England and Wales.
      (3)
Until the Administrative Justice and Tribunals Council first has ten
10
members appointed under paragraph 1(2) of Schedule 7, the reference to
that council in sub-paragraph (1)(b) is to be read as a reference to the Council
on Tribunals; and if when the Administrative Justice and Tribunals Council
first has ten members so appointed, the person appointed under sub-
paragraph (1)(b) is a nominee of the Council on Tribunals, that person ceases
15
to be a member of the Tribunal Procedure Committee at that time.
Lord Chief Justice’s appointees
22    (1)
The Lord Chief Justice of England and Wales must appoint—
(a)
one of the judges of the First-tier Tribunal,
(b)
one of the judges of the Upper Tribunal, and
20
(c)
one person who is a member of the First-tier Tribunal, or is a member
of the Upper Tribunal, but is not a judge of the First-tier Tribunal and
is not a judge of the Upper Tribunal.
      (2)
Before making an appointment under sub-paragraph (1), the Lord Chief
Justice of England and Wales must consult the Lord Chancellor.
25
Lord President’s appointee
23    (1)
The Lord President of the Court of Session must appoint one person with
experience in and knowledge of the Scottish legal system.
      (2)
Before making an appointment under sub-paragraph (1), the Lord President
of the Court of Session must consult the Lord Chancellor.
30
Persons appointed at request of Senior President of Tribunals
24    (1)
At the request of the Senior President of Tribunals, an appropriate senior
judge may appoint a person or persons with experience in and knowledge
of—
(a)
a particular issue, or
35
(b)
a particular subject area in relation to which the First-tier Tribunal or
the Upper Tribunal has, or is likely to have, jurisdiction,

for the purpose of assisting the Committee with regard to that issue or
subject area.
      (2)
In sub-paragraph (1) “an appropriate senior judge” means any of—
40
(a)
the Lord Chief Justice of England and Wales,
(b)
the Lord President of the Court of Session, and
(c)
the Lord Chief Justice of Northern Ireland.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 3 — Making of Tribunal Procedure Rules by Tribunal Procedure Committee
139

      (3)
The total number of persons appointed at any time under sub-paragraph (1)
must not exceed four.
      (4)
Before making an appointment under sub-paragraph (1), the person making
the appointment must consult the Lord Chancellor.
      (5)
The terms of appointment of a person appointed under sub-paragraph (1)
5
may (in particular) authorise him to act as a member of the Committee only
in relation to matters specified by those terms.
Power to amend paragraphs 20 to 24
25    (1)
The Lord Chancellor may by order—
(a)
amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and
10
(b)
make consequential amendments in any other provision of
paragraphs 21 to 24 or in paragraph 28(7).
      (2)
The making of an order under this paragraph—
(a)
requires the concurrence of the Lord Chief Justice of England and
Wales,
15
(b)
if the order amends paragraph 23(1), requires also the concurrence of
the Lord President of the Court of Session, and
(c)
if the order amends paragraph 24(1), requires also the concurrence of
the Lord President of the Court of Session and the Lord Chief Justice
of Northern Ireland.
20
Committee members’ expenses
26
The Lord Chancellor may reimburse members of the Tribunal Procedure
Committee their travelling and out-of-pocket expenses.
Part 3
Making of Tribunal Procedure Rules by Tribunal Procedure Committee
25
Meaning of “Rules” and “the Committee”
27
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 Rules
30
28    (1)
Before the Committee makes Rules, the Committee must—
(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
35
(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.
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 5 — Procedure in First-tier Tribunal and Upper Tribunal
Part 4 — Power to amend legislation in connection with Tribunal Procedure Rules
140

      (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
5
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
10
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.
Power of Lord Chancellor to require Rules to be made
29    (1)
This paragraph applies if the Lord Chancellor gives the Committee written
15
notice that he thinks it is expedient for Rules to include provision that would
achieve a purpose specified in the notice.
      (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—
20
(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.
25
Part 4
Power to amend legislation in connection with Tribunal Procedure Rules
Lord Chancellor’s power
30    (1)
The Lord Chancellor may by order amend, repeal or revoke any enactment
to the extent he considers necessary or desirable—
30
(a)
in order to facilitate the making of Tribunal Procedure Rules, or
(b)
in consequence of—
(i)
section 22,
(ii)
Part 1 or 3 of this Schedule, or
(iii)
Tribunal Procedure Rules.
35
      (2)
In this paragraph “enactment” means any enactment whenever passed or
made, including an enactment comprised in subordinate legislation (within
the meaning of the Interpretation Act 1978 (c. 30)).