Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
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Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 1 — Members and committees
146

Schedule 7
Section 44

Administrative Justice and Tribunals Council
Part 1
Members and committees
Membership
5
1     (1)
The Council is to consist of—
(a)
the Parliamentary Commissioner for Administration, and
(b)
not more than fifteen nor fewer than ten appointed members.
      (2)
Of the appointed members—
(a)
either two or three are to be appointed by the Scottish Ministers with
10
the concurrence of the Lord Chancellor and the Welsh Ministers,
(b)
either one or two are to be appointed by the Welsh Ministers with the
concurrence of the Lord Chancellor and the Scottish Ministers, and
(c)
the others are to be appointed by the Lord Chancellor with the
concurrence of the Scottish Ministers and the Welsh Ministers.
15
Chairman of the Council
2     (1)
After consultation with the Scottish Ministers and the Welsh Ministers, the
Lord Chancellor must nominate one of the appointed members to be
chairman of the Council.
      (2)
The chairman of the Council is to hold and vacate that office in accordance
20
with the terms of his nomination, but—
(a)
may resign that office by giving written notice to the Lord
Chancellor, and
(b)
ceases to be chairman if he ceases to be a person who is a member of
the Council by virtue of appointment under paragraph 1(2).
25
Term of office of appointed members of Council
3     (1)
Subject to the following provisions of this paragraph, a person appointed
under paragraph 1(2) is to hold and vacate office in accordance with the
terms of his appointment.
      (2)
A person appointed under paragraph 1(2)(a) may resign by giving written
30
notice to the Scottish Ministers.
      (3)
A person appointed under paragraph 1(2)(b) may resign by giving written
notice to the Welsh Ministers.
      (4)
A person appointed under paragraph 1(2)(c) may resign by giving written
notice to the Lord Chancellor.
35
      (5)
The Lord Chancellor may remove a person appointed under paragraph 1(2)
on the ground of inability or misbehaviour.
      (6)
The power of the Lord Chancellor under sub-paragraph (5) to remove a
person who was appointed under paragraph 1(2)(a) may be exercised only
with the concurrence of the Scottish Ministers.
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 1 — Members and committees
147

      (7)
The power of the Lord Chancellor under sub-paragraph (5) to remove a
person who was appointed under paragraph 1(2)(b) may be exercised only
with the concurrence of the Welsh Ministers.
Scottish Committee
4     (1)
There is to be a Scottish Committee of the Council (referred to in this
5
Schedule as “the Scottish Committee”) for the purpose of exercising the
functions conferred on it by any statutory provision.
      (2)
The Scottish Committee is to consist of—
(a)
the Parliamentary Commissioner for Administration,
(b)
the Scottish Public Services Ombudsman,
10
(c)
the members of the Council appointed under paragraph 1(2)(a), and
(d)
either three or four other persons, not being members of the Council,
appointed by the Scottish Ministers.
Chairman of the Scottish Committee
5     (1)
The Scottish Ministers must nominate one of the members mentioned in
15
paragraph 4(2)(c) to be chairman of the Scottish Committee.
      (2)
The chairman of the Scottish Committee is to hold and vacate that office in
accordance with the terms of his nomination, but—
(a)
may resign that office by giving written notice to the Scottish
Ministers, and
20
(b)
ceases to be chairman if he ceases to be a person who is a member of
the Council by virtue of appointment under paragraph 1(2)(a).
Term of office of appointed members of Scottish Committee
6     (1)
Subject to the following provisions of this paragraph, a person appointed
under paragraph 4(2)(d) is to hold and vacate office in accordance with the
25
terms of his appointment.
      (2)
The person may resign by giving written notice to the Scottish Ministers.
      (3)
The Scottish Ministers may remove the person on the ground of inability or
misbehaviour.
Welsh Committee
30
7     (1)
There is to be a Welsh Committee of the Council (referred to in this Schedule
as “the Welsh Committee”) for the purpose of exercising the functions
conferred on it by any statutory provision.
      (2)
The Welsh Committee is to consist of—
(a)
the Parliamentary Commissioner for Administration,
35
(b)
the Public Services Ombudsman for Wales,
(c)
the members of the Council appointed under paragraph 1(2)(b), and
(d)
either two or three other persons, not being members of the Council,
appointed by the Welsh Ministers.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 1 — Members and committees
148

Chairman of Welsh Committee
8     (1)
The Welsh Ministers must nominate one of the members mentioned in
paragraph 7(2)(c) to be chairman of the Welsh Committee.
      (2)
The chairman of the Welsh Committee is to hold and vacate that office in
accordance with the terms of his nomination, but—
5
(a)
may resign that office by giving written notice to the Welsh
Ministers, and
(b)
ceases to be chairman if he ceases to be a person who is a member of
the Council by virtue of appointment under paragraph 1(2)(b).
Term of office of Committee members
10
9     (1)
Subject to the following provisions of this paragraph, a person appointed
under paragraph 7(2)(d) is to hold and vacate office in accordance with the
terms of his appointment.
      (2)
The person may resign by giving written notice to the Welsh Ministers.
      (3)
The Welsh Ministers may remove the person on the ground of inability or
15
misbehaviour.
Remuneration of Council and Committee members
10    (1)
The Lord Chancellor must pay such remuneration as he may determine to
each of the following—
(a)
the chairman of the Council;
20
(b)
the chairman of the Scottish Committee;
(c)
the chairman of the Welsh Committee.
      (2)
The Lord Chancellor may pay such fees as he may determine to—
(a)
members of the Council other than the chairman;
(b)
members of the Scottish Committee other than the chairman;
25
(c)
members of the Welsh Committee other than the chairman.
      (3)
The Lord Chancellor may pay such expenses as he may determine to—
(a)
members of the Council;
(b)
members of the Scottish Committee;
(c)
members of the Welsh Committee.
30
      (4)
In sub-paragraph (3) “expenses” includes (in particular) subsistence
allowances and travelling expenses.
Status of Council and Committees
11
The Council, the Scottish Committee and the Welsh Committee are not to be
regarded—
35
(a)
as agents or servants of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 2 — Functions
149

Part 2
Functions
Introductory
12
The Council has the functions conferred on it by this Schedule or any other
statutory provision.
5
Functions with respect to the administrative justice system
13    (1)
The Council is to—
(a)
keep the administrative justice system under review,
(b)
consider ways to make the system accessible, fair and efficient,
(c)
advise the persons mentioned in sub-paragraph (2) on the
10
development of the system,
(d)
refer proposals for changes in the system to those persons, and
(e)
make proposals for research into the system.
      (2)
Those persons are—
(a)
the Lord Chancellor,
15
(b)
the Scottish Ministers,
(c)
the Welsh Ministers, and
(d)
the Senior President of Tribunals.
      (3)
The Council may make such reports as it considers appropriate on any of the
matters mentioned in sub-paragraph (1).
20
      (4)
In this paragraph “the administrative justice system” means the overall
system by which decisions of an administrative or executive nature are
made in relation to particular persons, including—
(a)
the procedures for making such decisions,
(b)
the law under which such decisions are made, and
25
(c)
the systems for resolving disputes and airing grievances in relation
to such decisions.
General functions with respect to tribunals
14    (1)
The Council is to—
(a)
keep under review, and report on, the constitution and working—
30
(i)
of listed tribunals in general, and
(ii)
of each listed tribunal,
(b)
consider, and report on, any other matter—
(i)
that relates to listed tribunals in general or to a particular
listed tribunal, and
35
(ii)
that the Council determines to be of special importance, and
(c)
consider, and report on, any particular matter referred to the
Council—
(i)
that relates to tribunals in general or to any particular
tribunal, and
40
(ii)
whose referral to the Council falls within paragraph 16.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 2 — Functions
150

      (2)
The Council may scrutinise and comment on legislation, existing or
proposed, relating to tribunals or to any particular tribunal.
      (3)
The Council must—
(a)
consult the Scottish Committee before exercising the power
conferred by sub-paragraph (2) with respect to legislation, existing
5
or proposed, that relates to at least one tribunal with jurisdiction in
cases arising in Scotland;
(b)
consult the Welsh Committee before exercising that power with
respect to legislation, existing or proposed, that relates to at least one
tribunal with jurisdiction in cases arising in Wales.
10
      (4)
In sub-paragraphs (1)(c), (2) and (3)—
“legislation” includes procedural rules;
“tribunal” includes a proposed tribunal.
General functions with respect to statutory inquiries
15
The Council is to—
15
(a)
keep under review, and report on, the constitution and working of
statutory inquiries, both in general and by reference to statutory
provisions under which statutory inquiries of different descriptions
may be held,
(b)
consider, and report on, any other matter—
20
(i)
that relates to statutory inquiries in general, to statutory
inquiries of a particular description or to any particular
statutory inquiry, and
(ii)
that the Council determines to be of special importance, and
(c)
consider, and report on, any particular matter referred to the
25
Council—
(i)
that relates to statutory inquiries in general, to statutory
inquiries of a particular description or to any particular
statutory inquiry, and
(ii)
whose referral to the Council falls within paragraph 16.
30
Referral of matters to the Council under paragraphs 14 and 15
16    (1)
This paragraph has effect for the purposes of paragraphs 14(1)(c) and 15(c).
      (2)
The referral of any matter falls within this paragraph if it is referred to the
Council jointly by—
(a)
the Lord Chancellor,
35
(b)
the Welsh Ministers, and
(c)
the Scottish Ministers.
      (3)
In addition—
(a)
the referral of a matter that relates only to Wales falls within this
paragraph if it is referred to the Council by the Welsh Ministers,
40
(b)
the referral of a matter that relates only to Scotland falls within this
paragraph if it is referred to the Council by the Scottish Ministers,
and
(c)
the referral of a matter that—
(i)
does not relate to Scotland, and
45

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 2 — Functions
151

(ii)
if it relates to Wales, does not relate only to Wales,

falls within this paragraph if it is referred to the Council by the Lord
Chancellor.
Reports by the Council under paragraphs 14 and 15
17    (1)
A report by the Council on a matter referred to it under paragraph 14(1)(c)
5
or 15(c) must be made to the authority or authorities who referred the
matter.
      (2)
Any other report by the Council under paragraph 14 or 15—
(a)
must be made to the Lord Chancellor,
(b)
if it relates to Wales, must be made also to the Welsh Ministers, and
10
(c)
if it relates to Scotland, must be made also to the Scottish Ministers.
      (3)
The Lord Chancellor must lay before each House of Parliament every report
made by the Council to him under this paragraph, other than a report that
relates only to matters within sub-paragraph (4).
      (4)
Matters are within this sub-paragraph if legislation providing for them
15
would be within the legislative competence of the Scottish Parliament if the
legislation were included in an Act of that Parliament.
      (5)
The Scottish Ministers must lay before the Scottish Parliament every report
made by the Council to them under this paragraph.
      (6)
The Welsh Ministers must lay before the National Assembly for Wales every
20
report made by the Council to them under this paragraph.
      (7)
Where—
(a)
a report is required by this paragraph to be made to one or more, but
not all, of—
(i)
the Lord Chancellor,
25
(ii)
the Welsh Ministers, and
(iii)
the Scottish Ministers, and
(b)
the Council considers that the report could be relevant to matters
that are the responsibility of another of those authorities,

the Council must send a copy of the report to the other authority.
30
Referral of matters to, and reports by, the Scottish Committee
18    (1)
The Council may not make a report on any matter relating only to Scotland
until the Council—
(a)
has referred the matter of the report for consideration, and report to
the Council, by the Scottish Committee, and
35
(b)
has considered the report of the Committee.
      (2)
Where the Council proposes to make a report on a matter that relates to
Scotland but not only to Scotland, the Council must give the Scottish
Committee details of the matter.
      (3)
The Scottish Committee may of its own motion make a report to the Council
40
on any of the following matters so far as relating to Scotland—
(a)
any matter relating to the administrative justice system,
(b)
the constitution or working—

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 2 — Functions
152

(i)
of listed tribunals in general or of a particular listed tribunal,
or
(ii)
of statutory inquiries in general or of statutory inquiries of a
particular description,
(c)
any other matter—
5
(i)
that relates to listed tribunals in general, to a particular listed
tribunal, to statutory inquiries in general, to statutory
inquiries of a particular description or to any particular
statutory inquiry, and
(ii)
that the Scottish Committee determines to be of special
10
importance, and
(d)
any matter referred to the Council under paragraph 14(1)(c) or 15(c).
      (4)
If—
(a)
the Council does not make a report on matters dealt with in a report
made by the Scottish Committee under sub-paragraph (1) or (3), or
15
(b)
in making a report on those matters, the Council does not adopt the
report made by the Scottish Committee without modification,

the Scottish Committee may submit its report to the Scottish Ministers.
      (5)
Where the Scottish Committee—
(a)
submits a report to the Scottish Ministers under sub-paragraph (4),
20
and
(b)
considers that the report could be relevant to matters that are the
responsibility of the Lord Chancellor or the Welsh Ministers,

the Council must send a copy of the report to the Lord Chancellor or (as the
case may be) the Assembly.
25
      (6)
The Scottish Ministers must lay before the Scottish Parliament any report
submitted to them under sub-paragraph (4).
      (7)
In sub-paragraph (3)(a) “the administrative justice system” has the meaning
given by paragraph 13(4).
Referral of matters to, and reports by, the Welsh Committee
30
19    (1)
The Council may not make a report on any matter relating only to Wales
until the Council—
(a)
has referred the matter of the report for consideration, and report to
the Council, by the Welsh Committee, and
(b)
has considered the report of the Committee.
35
      (2)
Where the Council proposes to make a report on a matter that relates to
Wales but not only to Wales, the Council must give the Welsh Committee
details of the matter.
      (3)
The Welsh Committee may of its own motion make a report to the Council
on any of the following matters so far as relating to Wales—
40
(a)
any matter relating to the administrative justice system,
(b)
the constitution or working—
(i)
of listed tribunals in general or of a particular listed tribunal,
or
(ii)
of statutory inquiries in general or of statutory inquiries of a
45
particular description,