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 2 — Functions
153

(c)
any other matter—
(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
5
(ii)
that the Welsh Committee determines to be of special
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
10
made by the Welsh Committee under sub-paragraph (1) or (3), or
(b)
in making a report on those matters, the Council does not adopt the
report made by the Welsh Committee without modification,

the Welsh Committee may submit its report to the Welsh Ministers.
      (5)
Where the Welsh Committee—
15
(a)
submits a report to the Welsh Ministers under sub-paragraph (4),
and
(b)
considers that the report could be relevant to matters that are the
responsibility of the Lord Chancellor or the Scottish Ministers,

the Council must send a copy of the report to the Lord Chancellor or (as the
20
case may be) the Scottish Ministers.
      (6)
The Welsh Ministers must lay before the National Assembly for Wales 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).
25
The Council’s programme of work
20    (1)
The Council must formulate, in general terms, a programme of the work that
the Council plans to undertake in carrying out its functions.
      (2)
The Council must—
(a)
keep the programme under review, and
30
(b)
revise it when appropriate.
      (3)
In discharging its duties under sub-paragraphs (1) and (2), the Council must
have regard to—
(a)
the work of the Civil Justice Council,
(b)
the work of the Social Security Advisory Committee, and
35
(c)
the work of the Industrial Injuries Advisory Council.
      (4)
The Council must send a copy of the programme, and a copy of any
significant revisions to the programme, to—
(a)
the Lord Chancellor,
(b)
the Welsh Ministers, and
40
(c)
the Scottish Ministers.
Annual reports
21    (1)
The Council must make an annual report on the proceedings of the Council
to—

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 3 — Council to be consulted on rules for listed tribunals
154

(a)
the Lord Chancellor,
(b)
the Scottish Ministers, and
(c)
the Welsh Ministers.
      (2)
The Scottish Committee must make an annual report to the Scottish
Ministers on the proceedings of the Scottish Committee.
5
      (3)
The Welsh Committee must make an annual report to the Welsh Ministers
on the proceedings of the Welsh Committee.
      (4)
The Lord Chancellor must lay before each House of Parliament a copy of any
report made under sub-paragraph (1).
      (5)
The Scottish Ministers must lay before the Scottish Parliament a copy of any
10
report made under sub-paragraph (1) or (2).
      (6)
The Welsh Ministers must lay before the National Assembly for Wales a
copy of any report made under sub-paragraph (1) or (3).
Right to attend proceedings
22    (1)
A member of any of—
15
(a)
the Council,
(b)
the Scottish Committee, and
(c)
the Welsh Committee,

may attend (as observer) proceedings of a listed tribunal or of a statutory
inquiry.
20
      (2)
The right under sub-paragraph (1) applies even in respect of proceedings—
(a)
taking the form of a hearing held in private, or
(b)
not taking the form of a hearing.
      (3)
The right under sub-paragraph (1) is subject to any statutory provision by
which members of the Council, members of the Scottish Committee or
25
members of the Welsh Committee are expressly excluded from proceedings.
Application to Northern Ireland
23
Nothing in paragraphs 13 to 15 authorises or requires the Council to deal
with a matter if legislation providing for the matter would be within the
legislative competence of the Northern Ireland Assembly.
30
Part 3
Council to be consulted on rules for listed tribunals
24    (1)
The power of a Minister of the Crown, the Welsh Ministers or the Scottish
Ministers to make, approve, confirm or concur in procedural rules for any
listed tribunal is exercisable only after consultation with the Council.
35
      (2)
Sub-paragraph (1) does not apply with respect to any procedural rules made
or to be made for a listed tribunal by the Tribunal Procedure Committee.
      (3)
The Council must consult the Scottish Committee in relation to the exercise
of its function under sub-paragraph (1) with respect to any tribunal having
jurisdiction in relation to Scotland.
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 4 — Interpretation
155

      (4)
The Council must consult the Welsh Committee in relation to the exercise of
its function under sub-paragraph (1) with respect to any tribunal having
jurisdiction in relation to Wales.
Part 4
Interpretation
5
Meaning of “listed tribunal”
25    (1)
The following are listed tribunals for the purposes of this Schedule—
(a)
the First-tier Tribunal, and
(b)
the Upper Tribunal.
      (2)
In addition, an authority may by order provide for a tribunal to be a listed
10
tribunal for the purposes of this Schedule if, or to the extent that, the tribunal
is one for which the authority is responsible.
      (3)
For the purposes of sub-paragraph (2)—
(a)
each of the following is an authority—
(i)
the Lord Chancellor,
15
(ii)
the Scottish Ministers, and
(iii)
the Welsh Ministers, and
(b)
the Lord Chancellor is the authority responsible for a tribunal unless,
or except to the extent that, paragraph 26 or 27 provides for the
Scottish Ministers or the Welsh Ministers to be the authority
20
responsible for the tribunal.
      (4)
An order under sub-paragraph (2) may include—
(a)
provision for a tribunal to be a listed tribunal only for the purposes
of provisions of this Schedule specified in the order;
(b)
provision for a tribunal to be a listed tribunal for the purposes of this
25
Schedule, or for the purposes of provisions of this Schedule specified
in the order, only in so far as it exercises functions so specified.
      (5)
The power under sub-paragraph (2) may not be exercised so as to cause a
tribunal to be a listed tribunal for any purpose of this Schedule so far as it
exercises functions with respect to relevant Northern Ireland matters; and
30
for this purpose a matter is a “relevant Northern Ireland matter” if
legislation providing for the matter would be within the legislative
competence of the Northern Ireland Assembly.
      (6)
The power under sub-paragraph (2) may not be exercised so as to cause a
tribunal to be a listed tribunal for any purpose of this Schedule if the tribunal
35
is established otherwise than by or under a statutory provision.
      (7)
Sub-paragraph (4) is not to be taken to prejudice the generality of section
49(3).
Responsible authorities for purposes of paragraph 25: Scotland
26    (1)
This paragraph applies for the purposes of paragraph 25.
40
      (2)
The Scottish Ministers are the authority responsible for a tribunal if—
(a)
all of the tribunal’s functions are exercisable only in relation to
Scotland, and

Tribunals, Courts and Enforcement Bill [HL]
Schedule 7 — Administrative Justice and Tribunals Council
Part 4 — Interpretation
156

(b)
at least one of the powers referred to in sub-paragraph (3) is
exercisable as mentioned in sub-paragraph (6).
      (3)
Those powers are—
(a)
power to appoint the members of the tribunal;
(b)
power to make procedural rules for the tribunal.
5
      (4)
In the case of a tribunal that exercises functions in relation to Scotland and
also exercises those or other functions in relation to somewhere other than
Scotland, the Scottish Ministers are the authority responsible for the tribunal
to the extent that it exercises functions in relation to Scotland if at least one
of the powers referred to in sub-paragraph (5) is exercisable as mentioned in
10
sub-paragraph (6).
      (5)
Those powers are—
(a)
power to appoint the members of tribunal who exercise the
tribunal’s functions in relation to Scotland;
(b)
power to make procedural rules for the exercise of the tribunal’s
15
functions in relation to Scotland.
      (6)
Power is exercisable as mentioned in this sub-paragraph if it is exercisable—
(a)
by the Scottish Ministers, or
(b)
by the Lord President of the Court of Session,

and is not exercisable by them or him jointly or concurrently with a Minister
20
of the Crown.
Responsible authorities for purposes of paragraph 25: Wales
27    (1)
This paragraph applies for the purposes of paragraph 25.
      (2)
The Welsh Ministers are the authority responsible for a tribunal if—
(a)
all of the tribunal’s functions are exercisable only in relation to
25
Wales, and
(b)
at least one of the powers referred to in sub-paragraph (3) is
exercisable as mentioned in sub-paragraph (6).
      (3)
Those powers are—
(a)
power to appoint the members of the tribunal;
30
(b)
power to make procedural rules for the tribunal.
      (4)
In the case of a tribunal that exercises functions in relation to Wales and also
exercises those or other functions in relation to somewhere other than Wales,
the Welsh Ministers are the authority responsible for the tribunal to the
extent that it exercises functions in relation to Wales if at least one of the
35
powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-
paragraph (6).
      (5)
Those powers are—
(a)
power to appoint the members of the tribunal who exercise the
tribunal’s functions in relation to Wales;
40
(b)
power to make procedural rules for the exercise of the tribunal’s
functions in relation to Wales.
      (6)
Power is exercisable as mentioned in this sub-paragraph if it is exercisable
by the Welsh Ministers and is not exercisable by the Welsh Ministers jointly
or concurrently with a Minister of the Crown.
45

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
157

Other definitions
28    (1)
In this Schedule—
“enactment” includes an Act of the Scottish Parliament;
“the Council” means the Administrative Justice and Tribunals Council;
“Minister of the Crown” has the meaning given in the Ministers of the
5
Crown Act 1975 (c. 26);
“procedural rules”, in relation to a tribunal, includes any statutory
provision relating to the practice or procedure of the tribunal;
“the Scottish Committee” means the Scottish Committee of the Council;
“statutory inquiry” means a 1992 Act inquiry held, or to be held, by or
10
on behalf of—
(a)
a Minister of the Crown,
(b)
the Scottish Ministers, or
(c)
the Welsh Ministers;
“statutory provision” means a provision contained in, or having effect
15
under, any enactment;
“tribunal” does not include an ordinary court of law;
“the Welsh Committee” means the Welsh Committee of the Council;
      (2)
References in this Schedule to members of tribunals include references to the
person constituting a tribunal consisting of one person.
20
      (3)
In sub-paragraph (1) “1992 Act inquiry” means—
(a)
an inquiry or hearing within paragraph (a) of the definition of
“statutory inquiry” in section 16(1) of the Tribunals and Inquiries Act
1992 (c. 53), or
(b)
an inquiry or hearing that is a statutory inquiry for the purposes of
25
that Act by virtue of an order under section 16(2) of that Act
(including such an order made after the coming into force of this
Schedule).
Schedule 8
Section 48(1)

Tribunals and Inquiries: consequential and other amendments
30
Taxes Management Act 1970 (c. 9)
1     (1)
The following offices are abolished—
General Commissioner;
clerk to the General Commissioners for a division;
assistant clerk to the General Commissioners for a division.
35
      (2)
In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes
Management Act 1970 cease to have effect.
      (3)
In this paragraph—
“division” has the meaning given by section 2(1) and (6) of that Act;
“General Commissioner” means a Commissioner for the general
40
purposes of the income tax.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
158

Chronically Sick and Disabled Persons Act 1970 (c. 44)
2
In section 21(7E) of the Chronically Sick and Disabled Persons Act 1970
(procedural regulations in connection with appeals against refusal of
application for disabled person’s badge), for “Council on Tribunals”
substitute “Administrative Justice and Tribunals Council”.
5
Health and Safety at Work etc. Act 1974 (c. 37)
3
In section 44 of the Health and Safety at Work etc. Act 1974 (appeals in
connection with licensing provisions), after subsection (4) insert—
“(4A)
A hearing held by a person appointed in pursuance of subsection (2)
above shall be a statutory inquiry for the purposes of Schedule 7 to
10
the Tribunals, Courts and Enforcement Act 2007 (functions etc. of
Administrative Justice and Tribunals Council).”
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies whose members are disqualified), in the appropriate places insert—
15
“The Administrative Justice and Tribunals Council.”
“The First-tier Tribunal.”
“The Scottish Committee of the Administrative Justice and
Tribunals Council.”
“The Upper Tribunal.”
20
“The Welsh Committee of the Administrative Justice and
Tribunals Council.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies whose members are disqualified), in the appropriate places
25
insert—
“The Administrative Justice and Tribunals Council.”
“The First-tier Tribunal.”
“The Scottish Committee of the Administrative Justice and
Tribunals Council.”
30
“The Upper Tribunal.”
“The Welsh Committee of the Administrative Justice and
Tribunals Council.”
Litigants in Person (Costs and Expenses) Act 1975 (c. 47)
6     (1)
The Litigants in Person (Costs and Expenses) Act 1975 is amended as
35
follows.
      (2)
In section 1(1) and (2) (costs, expenses and losses of litigant in person to be
recoverable), before the word “or” at the end of paragraph (b) insert—
“(ba)
before the First-tier Tribunal or the Upper Tribunal,”.
      (3)
In section 1(4) (meaning of “rules of court”), before the word “and” at the end
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
159

of paragraph (b) insert—
“(ba)
in relation to the First-tier Tribunal or the Upper Tribunal,
means Tribunal Procedure Rules,”.
Race Relations Act 1976 (c. 74)
7
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other
5
persons subject to general statutory duty), under the heading “Other bodies,
etc.” insert the following entries in the appropriate places—
“The Administrative Justice and Tribunals Council.”
“The Scottish Committee of the Administrative Justice and
Tribunals Council.”
10
“The Welsh Committee of the Administrative Justice and
Tribunals Council.”
Estate Agents Act 1979 (c. 38)
8
Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals’ right
to attend hearings etc.).
15
Town and Country Planning Act 1990 (c. 8)
9
The Town and Country Planning Act 1990 is amended as follows.
10
In paragraph 8 of Schedule 6 (appeals determined by appointed persons:
supplementary provision), after sub-paragraph (1) insert—
   “(1A)
A local inquiry or hearing held in pursuance of this Schedule shall
20
be a statutory inquiry for the purposes of Schedule 7 to the
Tribunals, Courts and Enforcement Act 2007 (functions etc. of
Administrative Justice and Tribunals Council).”
11
In paragraph 8 of Schedule 7 (objections to simplified planning zone
schemes), after sub-paragraph (6) insert—
25
    “(7)
A local inquiry or other hearing held under this paragraph shall be
a statutory inquiry for the purposes of Schedule 7 to the Tribunals,
Courts and Enforcement Act 2007 (functions etc. of
Administrative Justice and Tribunals Council).”
12
In paragraph 5 of Schedule 8 (local inquiries held by Planning Inquiry
30
Commission), after sub-paragraph (3) insert—
   “(3A)
An inquiry held by a commission under this paragraph shall be a
statutory inquiry for the purposes of Schedule 7 to the Tribunals,
Courts and Enforcement Act 2007 (functions etc. of
Administrative Justice and Tribunals Council).”
35
Food Safety Act 1990 (c. 16)
13    (1)
The Food Safety Act 1990 is amended as follows.
      (2)
In section 26(2)(e) (regulations may provide for appeals, including appeals
to a tribunal set up by the regulations)—
(a)
after “to the sheriff,” insert “or to the First-tier Tribunal or the Upper
40
Tribunal,” and