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 8 — Tribunals and Inquiries: consequential and other amendments
160

(b)
omit “or to a tribunal constituted in accordance with the
regulations,”.
      (3)
In section 37(2) (subsection (1)(c) does not apply where appeal may be made
to a tribunal set up by regulations under Part 2), for the words from “provide
for an appeal” onwards substitute “provide for an appeal—
5
(a)
to a tribunal constituted in accordance with the regulations,
or
(b)
to the First-tier Tribunal or the Upper Tribunal.”
Courts and Legal Services Act 1990 (c. 41)
14
The Courts and Legal Services Act 1990 is amended as follows.
10
15
In section 119(1) (interpretation), in the definition of “court”, for paragraph
(a) (any tribunal kept under review by the Council on Tribunals)
substitute—
“(a)
a tribunal that is (to any extent) a listed tribunal for, or for any
of, the purposes of Schedule 7 to the Tribunals, Courts and
15
Enforcement Act 2007 (functions etc. of Administrative
Justice and Tribunals Council);”.
16
In Schedule 11 (full-time judges etc barred from legal practice), at the end
insert—
“Judge or other member of the First-tier Tribunal—
20
(a)
appointed under paragraph 1(1) or 2(1) of Schedule 2
to the Tribunals, Courts and Enforcement Act 2007, or
(b)
who is a transferred-in judge, or a transferred-in other
member, of the First-tier Tribunal (see section 31(2) of
that Act)
25
Judge or other member of the Upper Tribunal—
(a)
appointed under paragraph 1(1) or 2(1) of Schedule 3
to the Tribunals, Courts and Enforcement Act 2007, or
(b)
who is a transferred-in judge, or a transferred-in other
member, of the Upper Tribunal (see section 31(2) of
30
that Act)
Senior President of Tribunals
Chamber President, or Acting Chamber President or Deputy
Chamber President, of a chamber of the First-tier Tribunal or
of a chamber of the Upper Tribunal”.
35
Social Security Administration Act 1992 (c. 5)
17
The Social Security Administration Act 1992 is amended as follows.
18
In Schedule 4 (persons employed in social security administration or
adjudication), in paragraph 3(b) of Part 2, for “Council on Tribunals or the”
substitute “Administrative Justice and Tribunals Council or the Welsh or”.
40
19
In Schedule 7 (regulations not requiring prior submission), in paragraphs 9
and 14, for the words from “Council on Tribunals” onwards substitute
“Administrative Justice and Tribunals Council is required by paragraph 24
of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007.”

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
161

Transport and Works Act 1992 (c. 42)
20
The Transport and Works Act 1992 is amended as follows.
21
In section 22 (validity of orders authorising works), in subsections (1)(b) and
(2)(b), for “1971” substitute “1992”.
22    (1)
Section 23 (inquiries etc. held by person appointed to determine application)
5
is amended as follows.
      (2)
In subsection (9)—
(a)
for “1971” substitute “1992”, and
(b)
for “section 12(1)” substitute “section 10(1)”.
      (3)
After that subsection insert—
10
“(9A)
A local inquiry or other hearing held by a person appointed under
this section 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).”
Tribunals and Inquiries Act 1992 (c. 53)
15
23
The Tribunals and Inquiries Act 1992 is amended as follows.
24
Omit section 5 (recommendations of Council as to appointment of members
of tribunals).
25
In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a
Child Support Commissioner, and chairman of a reserve forces
20
reinstatement committee, to be selected from panels appointed by Lord
Chancellor or Lord President of the Court of Session) cease to have effect.
26
In section 8 (procedural rules for tribunals), after subsection (1) insert—
“(1A)
Subsection (1) does not apply with respect to any procedural rules
made or to be made by the Tribunal Procedure Committee.”
25
27
Omit section 8 (procedural rules for tribunals).
28
In section 9 (power of Lord Chancellor, after consulting the Council, to make
rules of procedure for statutory inquiries), after subsection (3) insert—
“(3A)
The Council, in exercising their functions under this section in
relation to inquiries to be held in Wales, shall consult with the Welsh
30
Committee.”
29
In section 14(1) (restricted application of Act in relation to certain
tribunals)—
(a)
for “the working or a decision of, or procedural rules for,” substitute
“a decision of”, and
35
(b)
for “working, decisions or procedure” substitute “decisions”.
30
In section 16(1) (interpretation)—
(a)
for the definition of “Council” substitute—
““Council” means the Administrative Justice and
Tribunals Council,”
40

Tribunals, Courts and Enforcement Bill [HL]
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(b)
after the definition of “Council” insert—
““enactment” includes an Act of the Scottish
Parliament,”
(c)
for the definition of “Scottish Committee” substitute—
““Scottish Committee” means the Scottish Committee of
5
the Administrative Justice and Tribunals Council,”
and
(d)
after the definition of “statutory provision” insert—
““Welsh Committee” means the Welsh Committee of the
Administrative Justice and Tribunals Council.”
10
Judicial Pensions and Retirement Act 1993 (c. 8)
31    (1)
The Judicial Pensions and Retirement Act 1993 is amended as follows.
      (2)
In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for
purposes of the pensions provisions), at the end of the part dealing with the
members of tribunals insert—
15
“Judge or other member of the First-tier Tribunal appointed
under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals,
Courts and Enforcement Act 2007
Judge or other member of the Upper Tribunal appointed under
paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts
20
and Enforcement Act 2007
Transferred-in judge, or transferred-in other member, of the
First-tier Tribunal or of the Upper Tribunal (see section 31(2)
of the Tribunals, Courts and Enforcement Act 2007)
Senior President of Tribunals
25
Chamber President, or Deputy Chamber President, of a
chamber of the First-tier Tribunal or of a chamber of the
Upper Tribunal”.
      (3)
In Schedule 5 (retirement provisions: the relevant offices), at the end insert—
“Judge or other member of the First-tier Tribunal appointed
30
under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals,
Courts and Enforcement Act 2007
Judge or other member of the Upper Tribunal appointed under
paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007
35
Transferred-in judge, or transferred-in other member, of the
First-tier Tribunal or of the Upper Tribunal (see section 31(2)
of the Tribunals, Courts and Enforcement Act 2007)
Senior President of Tribunals
Deputy judge of the Upper Tribunal (whether under paragraph
40
7 of Schedule 3 to the Tribunals, Courts and Enforcement Act
2007 or under section 31(2) of that Act)
Chamber President, or Deputy Chamber President, of a
chamber of the First-tier Tribunal or of a chamber of the
Upper Tribunal”.
45

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
163

Pension Schemes Act 1993 (c. 48)
32
In section 185(8) of the Pension Schemes Act 1993 (consultation about
regulations), for “Council on Tribunals” substitute “Administrative Justice
and Tribunals Council”.
Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)
5
33    (1)
Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994
(notices affecting land where recipient has died: exceptions where relating
to court or tribunal etc. proceedings) is amended as follows.
      (2)
For paragraph (b) substitute—
“(b)
any tribunal that is (to any extent) a listed tribunal for, or for
10
any of, the purposes of Schedule 7 to the Tribunals, Courts
and Enforcement Act 2007 (functions etc. of Administrative
Justice and Tribunals Council), or”.
      (3)
For “within the meaning of section 8 of the Tribunals and Inquiries Act 1992”
substitute “within the meaning given by paragraph 28 of Schedule 7 to the
15
Tribunals, Courts and Enforcement Act 2007”.
Criminal Injuries Compensation Act 1995 (c. 53)
34
In the Criminal Injuries Compensation Act 1995, after section 5 insert—
“5A
Oaths to be taken by adjudicators
(1)
A person appointed as an adjudicator under section 5 (“the
20
adjudicator”) must take—
(a)
the oath of allegiance, and
(b)
the judicial oath,

as set out in the Promissory Oaths Act 1868.
(2)
The adjudicator must take the oaths before—
25
(a)
the Senior President of Tribunals, or
(b)
an eligible person who is nominated by the Senior President
of Tribunals for the purpose of taking the oaths from the
adjudicator.
(3)
A person is eligible for the purposes of subsection (2)(b) if any one or
30
more of the following paragraphs applies to him—
(a)
he holds high judicial office (as defined in section 60(2) of the
Constitutional Reform Act 2005);
(b)
he holds judicial office (as defined in section 109(4) of that
Act);
35
(c)
he holds (in Scotland) the office of sheriff.
(4)
In relation to a person who is an adjudicator appointed before the
coming into force of this section, the requirement in subsection (1)
applies from the coming into force of this section.”
Employment Tribunals Act 1996 (c. 17)
40
35
The Employment Tribunals Act 1996 is amended as follows.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
164

36
Before section 4 insert—
“3A
Meaning of “Employment Judge”
A person who is a member of a panel of chairmen of employment
tribunals which is appointed in accordance with regulations under
section 1(1) may be referred to as an Employment Judge.”
5
37
In section 4 (composition of employment tribunals), in each of subsections
(2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an
employment tribunal), after “the person mentioned in subsection (1)(a)
alone” insert “or alone by any Employment Judge who, in accordance with
regulations made under section 1(1), is a member of the tribunal”.
10
38
In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “and the
Lord Chancellor, acting jointly,”.
39
In section 5(1) (pay), for paragraph (c) substitute—
“(c)
any person who is an Employment Judge on a full-time basis,
and”.
15
40
After section 5 insert—
“5A
Training etc.
The Senior President of Tribunals is responsible, within the resources
made available by the Lord Chancellor, for the maintenance of
appropriate arrangements for the training, guidance and welfare of
20
members of panels of members of employment tribunals (in their
capacities as members of such panels, whether or not panels of
chairmen).
5B
Members of employment tribunals: removal from office
(1)
Any power by which the President of the Employment Tribunals
25
(England and Wales) may be removed from that office may be
exercised only with the concurrence of the Lord Chief Justice of
England and Wales.
(2)
Any power by which the President of the Employment Tribunals
(Scotland) may be removed from that office may be exercised only
30
with the concurrence of the Lord President of the Court of Session.
(3)
Any power by which a member of a panel may be removed from
membership of the panel—
(a)
may, if the person exercises functions wholly or mainly in
Scotland, be exercised only with the concurrence of the Lord
35
President of the Court of Session;
(b)
may, if paragraph (a) does not apply, be exercised only with
the concurrence of the Lord Chief Justice of England and
Wales.
(4)
In subsection (3) “panel” means—
40
(a)
a panel of chairmen of employment tribunals, or
(b)
any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under
section 1(1).

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
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(5)
The Lord Chief Justice of England and Wales may nominate a
judicial office holder (as defined in section 109(4) of the
Constitutional Reform Act 2005) to exercise his functions under this
section.
(6)
The Lord President of the Court of Session may nominate a judge of
5
the Court of Session who is a member of the First or Second Division
of the Inner House of that Court to exercise his functions under this
section.
5C
Oaths
(1)
Subsection (2) applies to a person (“the appointee”)—
10
(a)
who is appointed—
(i)
as President of the Employment Tribunals (England
and Wales),
(ii)
as President of the Employment Tribunals (Scotland),
or
15
(iii)
as a member of a panel (as defined in section 5B(4)),
and
(b)
who has not previously taken the required oaths after
accepting another office.
(2)
The appointee must take the required oaths before—
20
(a)
the Senior President of Tribunals, or
(b)
an eligible person who is nominated by the Senior President
of Tribunals for the purpose of taking the oaths from the
appointee.
(3)
If the appointee is a President or panel member appointed before the
25
coming into force of this section, the requirement in subsection (2)
applies in relation to the appointee from the coming into force of this
section.
(4)
A person is eligible for the purposes of subsection (2)(b) if one or
more of the following paragraphs applies to him—
30
(a)
he holds high judicial office (as defined in section 60(2) of the
Constitutional Reform Act 2005);
(b)
he holds judicial office (as defined in section 109(4) of that
Act);
(c)
he holds (in Scotland) the office of sheriff.
35
(5)
In this section “the required oaths” means—
(a)
the oath of allegiance, and
(b)
the judicial oath,

as set out in the Promissory Oaths Act 1868.
5D
Judicial assistance
40
(1)
Subsection (2) applies where regulations under section 1(1) make
provision for a relevant tribunal judge, or a relevant judge, to be able
by virtue of his office to act as a member of a panel of members of
employment tribunals.
(2)
The provision has effect only if—
45

Tribunals, Courts and Enforcement Bill [HL]
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166

(a)
the persons in relation to whom the provision operates have
to be persons nominated for the purposes of the provision by
the Senior President of Tribunals,
(b)
its operation in relation to a panel established for England
and Wales in any particular case requires the consent of the
5
President of Employment Tribunals (England and Wales),
(c)
its operation in relation to a panel established for Scotland in
any particular case requires the consent of the President of
Employment Tribunals (Scotland),
(d)
its operation as respects a particular relevant judge
10
requires—
(i)
the consent of the relevant judge, and
(ii)
the appropriate consent (see subsection (3)), and
(e)
it operates as respects a relevant tribunal judge or a relevant
judge only for the purpose of enabling him to act as a member
15
of a panel of chairmen of employment tribunals.
(3)
In subsection (2)(d)(ii) “the appropriate consent” means—
(a)
the consent of the Lord Chief Justice of England and Wales
where the relevant judge is—
(i)
an ordinary judge of the Court of Appeal in England
20
and Wales,
(ii)
a puisne judge of the High Court in England and
Wales,
(iii)
a circuit judge,
(iv)
a district judge in England and Wales, or
25
(v)
a District Judge (Magistrates’ Courts);
(b)
the consent of the Lord President of the Court of Session
where the relevant judge is—
(i)
a judge of the Court of Session, or
(ii)
a sheriff;
30
(c)
the consent of the Lord Chief Justice of Northern Ireland
where the relevant judge is—
(i)
a Lord Justice of Appeal in Northern Ireland,
(ii)
a puisne judge of the High Court in Northern Ireland,
(iii)
a county court judge in Northern Ireland, or
35
(iv)
a district judge in Northern Ireland.
(4)
In this section—
(a)
“relevant tribunal judge” means—
(i)
a person who is a judge of the First-tier Tribunal by
virtue of appointment under paragraph 1(1) of
40
Schedule 2 to the Tribunals, Courts and Enforcement
Act 2007,
(ii)
a transferred-in judge of the First-tier Tribunal,
(iii)
a person who is a judge of the Upper Tribunal by
virtue of appointment under paragraph 1(1) of
45
Schedule 3 to that Act,
(iv)
a transferred-in judge of the Upper Tribunal,
(v)
a deputy judge of the Upper Tribunal, or