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
167

(vi)
a person who is the Chamber President of a chamber
of the First-tier Tribunal, or of a chamber of the Upper
Tribunal, and does not fall within any of sub-
paragraphs (i) to (v);
(b)
“relevant judge” means a person who—
5
(i)
is an ordinary judge of the Court of Appeal in
England and Wales (including the vice-president, if
any, of either division of that Court),
(ii)
is a Lord Justice of Appeal in Northern Ireland,
(iii)
is a judge of the Court of Session,
10
(iv)
is a puisne judge of the High Court in England and
Wales or Northern Ireland,
(v)
is a circuit judge,
(vi)
is a sheriff in Scotland,
(vii)
is a county court judge in Northern Ireland,
15
(viii)
is a district judge in England and Wales or Northern
Ireland, or
(ix)
is a District Judge (Magistrates’ Courts).
(5)
References in subsection (4)(b)(iii) to (ix) to office-holders do not
include deputies or temporary office-holders.”
20
41    (1)
Section 7A (practice directions) is amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
The Senior President of Tribunals may make directions about the
procedure of employment tribunals.”
      (3)
In subsection (1)—
25
(a)
in paragraph (a), before “President” insert “territorial”, and
(b)
in paragraphs (b) and (c), for “such directions” substitute “directions
under subsection (A1) or paragraph (a)”.
      (4)
In subsection (2), for “by the President” substitute “under subsection (A1) or
(1)(a)”.
30
      (5)
After subsection (2) insert—
“(2A)
The power under subsection (A1) includes—
(a)
power to vary or revoke directions made in exercise of the
power, and
(b)
power to make different provision for different purposes
35
(including different provision for different areas).
(2B)
Directions under subsection (A1) may not be made without the
approval of the Lord Chancellor.
(2C)
Directions under subsection (1)(a) may not be made without the
approval of—
40
(a)
the Senior President of Tribunals, and
(b)
the Lord Chancellor.
(2D)
Subsections (2B) and (2C)(b) do not apply to directions to the extent
that they consist of guidance about any of the following—
(a)
the application or interpretation of the law;
45

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
168

(b)
the making of decisions by members of an employment
tribunal.
(2E)
Subsections (2B) and (2C)(b) do not apply to directions to the extent
that they consist of criteria for determining which members of
employment tribunals may be selected to decide particular
5
categories of matter; but the directions may, to that extent, be made
only after consulting the Lord Chancellor.”
      (6)
In subsection (3), after “references to the” insert “territorial”.
42
After section 7A insert—
“7B
Mediation
10
(1)
Employment tribunal procedure regulations may include provision
enabling practice directions to provide for members to act as
mediators in relation to disputed matters in a case that is the subject
of proceedings.
(2)
The provision that may be included in employment tribunal
15
procedure regulations by virtue of subsection (1) includes provision
for enabling practice directions to provide for a member to act as
mediator in relation to disputed matters in a case even though the
member has been selected to decide matters in the case.
(3)
Once a member has begun to act as mediator in relation to a disputed
20
matter in a case that is the subject of proceedings, the member may
decide matters in the case only with the consent of the parties.
(4)
Staff appointed under section 40(1) of the Tribunals, Courts and
Enforcement Act 2007 (staff for employment and other tribunals)
may, subject to their terms of appointment, act as mediators in
25
relation to disputed matters in a case that is the subject of
proceedings.
(5)
Before making a practice direction that makes provision in relation
to mediation, the person making the direction must consult the
Advisory, Conciliation and Arbitration Service.
30
(6)
In this section—
“member” means a member of a panel of members of
employment tribunals (whether or not a panel of chairmen);
“practice direction” means a direction under section 7A;
“proceedings” means proceedings before an employment
35
tribunal.”
43
In section 15(1) (enforcement in England and Wales as an order of a county
court), for the words from “shall, if a county court so orders,” to the end
substitute “shall be recoverable by execution issued from a county court or
otherwise as if it were payable under an order of a county court.”
40
44
After section 24 insert—
“24A
Training etc. of members of Appeal Tribunal
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
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Tribunals, Courts and Enforcement Bill [HL]
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judges, and other members, of the Appeal Tribunal (in their
capacities as members of the Appeal Tribunal).
24B
Oaths
(1)
Subsection (2) applies to a person (“the appointee”)—
(a)
who is appointed under section 22(1)(c) or 23(3), or
5
(b)
who is appointed under section 24(1A) and—
(i)
falls when appointed within paragraph (a), but not
paragraph (b), of section 24(2), and
(ii)
has not previously taken the required oaths after
accepting another office.
10
(2)
The appointee must take the required oaths before—
(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.
15
(3)
If the appointee is a member of the Appeal Tribunal appointed
before the 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
20
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);
25
(c)
he holds (in Scotland) the office of sheriff.
(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.”
30
45
In section 27(1)(a) (payment of appointed members of Employment Appeal
Tribunal), after “members,” insert “and”.
46    (1)
Section 28 (composition of Employment Appeal Tribunal) is amended as
follows.
      (2)
In subsection (4) (appeals from employment tribunal consisting of chairman
35
alone), for the words from “question” to “section 4(1)(a) alone” substitute
“chairman-alone question”.
      (3)
After subsection (4) insert—
“(4A)
In subsection (4) “chairman-alone question” means—
(a)
a question arising from any decision of an employment
40
tribunal that is a decision of—
(i)
the person mentioned in section 4(1)(a) acting alone,
or
(ii)
any Employment Judge acting alone, or

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
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(b)
a question arising in any proceedings before an employment
tribunal that are proceedings before—
(i)
the person mentioned in section 4(1)(a) alone, or
(ii)
any Employment Judge alone.”
47
After section 29 insert—
5
“29A
Practice directions
(1)
Directions about the procedure of the Appeal Tribunal may be
given—
(a)
by the Senior President of Tribunals, or
(b)
by the President of the Appeal Tribunal.
10
(2)
A power under subsection (1) includes—
(a)
power to vary or revoke directions given in exercise of the
power, and
(b)
power to make different provision for different purposes.
(3)
Directions under subsection (1)(a) may not be given without the
15
approval of the Lord Chancellor.
(4)
Directions under subsection (1)(b) may not be given without the
approval of—
(a)
the Senior President of Tribunals, and
(b)
the Lord Chancellor.
20
(5)
Subsection (1) does not prejudice any power apart from that
subsection to give directions about the procedure of the Appeal
Tribunal.
(6)
Directions may not be given in exercise of any such power as is
mentioned in subsection (5) without the approval of—
25
(a)
the Senior President of Tribunals, and
(b)
the Lord Chancellor.
(7)
Subsections (3), (4)(b) and (6)(b) do not apply to directions to the
extent that they consist of guidance about any of the following—
(a)
the application or interpretation of the law;
30
(b)
the making of decisions by members of the Appeal Tribunal.
(8)
Subsections (3), (4)(b) and (6)(b) do not apply to directions to the
extent that they consist of criteria for determining which members of
the Appeal Tribunal may be chosen to decide particular categories of
matter; but the directions may, to that extent, be given only after
35
consulting the Lord Chancellor.
(9)
Subsections (4) and (6) do not apply to directions given in a
particular case for the purposes of that case only.
(10)
Subsection (6) does not apply to directions under section 28(1).”
48
In section 30(3) (Employment Appeal Tribunal to regulate its own
40
procedure, subject to procedure rules), after the words “Appeal Tribunal
procedure rules” insert “and directions under section 28(1) or 29A(1)”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
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Town and Country Planning (Scotland) Act 1997 (c. 8)
49
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
50
In paragraph 5 of Schedule 6 (local inquiries held by Planning Inquiry
Commission), after sub-paragraph (4) insert—
   “(4A)
An inquiry held by a commission under this paragraph shall be a
5
statutory inquiry for the purposes of Schedule 7 to the Tribunals,
Courts and Enforcement Act 2007 (functions etc. of
Administrative Justice and Tribunals Council).”
51
In paragraph 8 of Schedule 7 (local inquiries held by Joint Planning Inquiry
Commission), after sub-paragraph (4) insert—
10
   “(4A)
A local inquiry held by a joint commission 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).”
Greater London Authority Act 1999 (c. 29)
15
52
In section 338 of the Greater London Authority Act 1999 (spatial
development strategy: examination in public), for subsection (10)
substitute—
“(10)
An examination in public shall constitute a statutory inquiry for the
purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act
20
2007 (Administrative Justice and Tribunals Council).”
Freedom of Information Act 2000 (c. 36)
53
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public bodies
and offices), insert in the appropriate places—
“The Administrative Justice and Tribunals Council.”
25
“The Scottish Committee of the Administrative Justice and
Tribunals Council.”
“The Welsh Committee of the Administrative Justice and
Tribunals Council.”
Nationality, Immigration and Asylum Act 2002 (c. 41)
30
54    (1)
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
      (2)
In section 107 (power for President of the Asylum and Immigration Tribunal
to give practice directions), after subsection (1) insert—
“(1A)
The Senior President of Tribunals may give directions as to the
practice to be followed by the Tribunal.”
35
      (3)
In section 107, after subsection (3) insert—
“(4)
Directions under subsection (1) may not be given without the
approval of—
(a)
the Senior President of Tribunals, and
(b)
the Lord Chancellor.
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Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
172

(5)
Directions under subsection (1A) may not be given without the
approval of the Lord Chancellor.
(6)
Subsections (4)(b) and (5) do not apply to directions to the extent that
they consist of guidance about any of the following—
(a)
the application or interpretation of the law;
5
(b)
the making of decisions by members of the Tribunal.
(7)
Subsections (4)(b) and (5) do not apply to directions to the extent that
they consist of criteria for determining which members of the
Tribunal may be chosen to decide particular categories of matter; but
the directions may, to that extent, be given only after consulting the
10
Lord Chancellor.”
      (4)
In Schedule 4 (membership etc. of the Asylum and Immigration Tribunal),
in paragraph 3 (resignation, retirement and terms of appointment), after
sub-paragraph (2) insert—
    “(3)
Any power by which a person may be removed from membership
15
of the Tribunal—
(a)
may, if the person exercises functions wholly or mainly in
Scotland, be exercised only with the concurrence of the
Lord President of the Court of Session;
(b)
may, if the person exercises functions wholly or mainly in
20
Northern Ireland, be exercised only with the concurrence
of the Lord Chief Justice of Northern Ireland;
(c)
may, if neither of paragraphs (a) and (b) applies, be
exercised only with the concurrence of the Lord Chief
Justice of England and Wales.”
25
      (5)
In Schedule 4, after paragraph 5 insert—
“Judicial assistance
5A    (1)
The Senior President of Tribunals, with the consent of the
President of the Tribunal, may assign—
(a)
a relevant tribunal judge to act as a legally qualified
30
member of the Tribunal;
(b)
a relevant other tribunal member to act as a member of the
Tribunal who is not a legally qualified member.
      (2)
In this paragraph—
(a)
“relevant tribunal judge” means—
35
(i)
a person who is a judge of the First-tier Tribunal by
virtue of appointment under paragraph 1(1) of
Schedule 2 to the Tribunals, Courts and
Enforcement Act 2007,
(ii)
a transferred-in judge of the First-tier Tribunal,
40
(iii)
a person who is a judge of the Upper Tribunal by
virtue of appointment under paragraph 1(1) of
Schedule 3 to that Act,
(iv)
a transferred-in judge of the Upper Tribunal,
(v)
a deputy judge of the Upper Tribunal, or
45
(vi)
a person who is the Chamber President of a
chamber of the First-tier Tribunal, or of a chamber

Tribunals, Courts and Enforcement Bill [HL]
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of the Upper Tribunal, and does not fall within any
of sub-paragraphs (i) to (v);
(b)
“relevant other tribunal member” means—
(i)
a person who is a member of the First-tier Tribunal
by virtue of appointment under paragraph 2(1) of
5
Schedule 2 to the Tribunals, Courts and
Enforcement Act 2007,
(ii)
a transferred-in other member of the First-tier
Tribunal,
(iii)
a person who is a member of the Upper Tribunal by
10
virtue of appointment under paragraph 2(1) of
Schedule 3 to that Act, or
(iv)
a transferred-in other member of the Upper
Tribunal.
      (3)
A relevant tribunal judge within sub-paragraph (2)(a)(i) or (ii)
15
who is assigned under sub-paragraph (1) may, when acting under
his assignment, exercise any function or jurisdiction which is
exercisable by a legally qualified member of the Tribunal who—
(a)
has the title of Immigration Judge, and
(b)
is neither the President, nor a Deputy President, of the
20
Tribunal.
      (4)
A relevant tribunal judge within sub-paragraph (2)(a)(iii), (iv) or
(v) who is assigned under sub-paragraph (1) may, when acting
under his assignment, exercise—
(a)
any function or jurisdiction which is exercisable by a
25
legally qualified member of the Tribunal who—
(i)
has the title of Immigration Judge, and
(ii)
is neither the President, nor a Deputy President, of
the Tribunal, and
(b)
any function or jurisdiction which is exercisable by a
30
legally qualified member of the Tribunal who—
(i)
has the title of Senior Immigration Judge, and
(ii)
is neither the President, nor a Deputy President, of
the Tribunal.
      (5)
A relevant other tribunal member who is assigned under sub-
35
paragraph (1) may, when acting under his assignment, exercise
any function or jurisdiction which is exercisable by a member of
the Tribunal who—
(a)
is appointed under paragraph 2(1)(e), and
(b)
is neither the President, nor a Deputy President, of the
40
Tribunal.
5B    (1)
The Senior President of Tribunals may—
(a)
with the consent of the President of the Tribunal,
(b)
with the consent required by sub-paragraph (4), and
(c)
with the consent of the relevant judge concerned,
45

assign a relevant judge to act as a Senior Immigration Judge.
      (2)
In this paragraph “relevant judge” means a person who—