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Tribunals, Courts and Enforcement Bill [HL]


Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 2 — First-tier Tribunal and Upper Tribunal

19

 

21      

Upper Tribunal’s “judicial review” jurisdiction: Scotland

(1)   

The Upper Tribunal has the function of deciding applications transferred to it

from the Court of Session under section 20(1).

(2)   

The powers of review of the Upper Tribunal in relation to such applications are

the same as the powers of review of the Court of Session in an application to

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the supervisory jurisdiction of that Court.

(3)   

In deciding an application by virtue of subsection (1), the Upper Tribunal must

apply principles that the Court of Session would apply in deciding an

application to the supervisory jurisdiction of that Court.

(4)   

An order of the Upper Tribunal by virtue of subsection (1)—

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(a)   

has the same effect as the corresponding order granted by the Court of

Session on an application to the supervisory jurisdiction of that Court,

and

(b)   

is enforceable as if it were an order so granted by that Court.

(5)   

Where an application is transferred to the Upper Tribunal by virtue of section

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20(1), any steps taken or orders made by the Court of Session in relation to the

application (other than the order to transfer the application under section

20(1)) are to be treated as taken or made by the tribunal.

(6)   

Tribunal Procedure Rules may make further provision for the purposes of

supplementing subsection (5).

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Miscellaneous

22      

Tribunal Procedure Rules

(1)   

There are to be rules, to be called “Tribunal Procedure Rules”, governing—

(a)   

the practice and procedure to be followed in the First-tier Tribunal, and

(b)   

the practice and procedure to be followed in the Upper Tribunal.

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(2)   

Tribunal Procedure Rules are to be made by the Tribunal Procedure

Committee.

(3)   

In Schedule 5

Part 1 makes further provision about the content of Tribunal Procedure

Rules,

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Part 2 makes provision about the membership of the Tribunal Procedure

Committee,

Part 3 makes provision about the making of Tribunal Procedure Rules by

the Committee, and

Part 4 confers power to amend legislation in connection with Tribunal

35

Procedure Rules.

(4)   

Power to make Tribunal Procedure Rules is to be exercised with a view to

securing—

(a)   

that, in proceedings before the First-tier Tribunal and Upper Tribunal,

justice is done,

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(b)   

that the tribunal system is accessible and fair,

(c)   

that proceedings before the First-tier Tribunal or Upper Tribunal are

handled quickly and efficiently,

 
 

Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 2 — First-tier Tribunal and Upper Tribunal

20

 

(d)   

that the rules are both simple and simply expressed, and

(e)   

that the rules where appropriate confer on members of the First-tier

Tribunal, or Upper Tribunal, responsibility for ensuring that

proceedings before the tribunal are handled quickly and efficiently.

(5)   

In subsection (4)(b) “the tribunal system” means the system for deciding

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matters within the jurisdiction of the First-tier Tribunal or the Upper Tribunal.

23      

Practice directions

(1)   

The Senior President of Tribunals may give directions—

(a)   

as to the practice and procedure of the First-tier Tribunal;

(b)   

as to the practice and procedure of the Upper Tribunal.

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(2)   

A Chamber President may give directions as to the practice and procedure of

the chamber over which he presides.

(3)   

A power under this section to give directions includes—

(a)   

power to vary or revoke directions made in exercise of the power, and

(b)   

power to make different provision for different purposes (including

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different provision for different areas).

(4)   

Directions under subsection (1) may not be given without the approval of the

Lord Chancellor.

(5)   

Directions under subsection (2) may not be given without the approval of—

(a)   

the Senior President of Tribunals, and

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(b)   

the Lord Chancellor.

(6)   

Subsections (4) and (5)(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;

(b)   

the making of decisions by members of the First-tier Tribunal or Upper

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Tribunal.

(7)   

Subsections (4) and (5)(b) do not apply to directions to the extent that they

consist of criteria for determining which members of the First-tier Tribunal or

Upper Tribunal may be chosen to decide particular categories of matter; but

the directions may, to that extent, be given only after consulting the Lord

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Chancellor.

24      

Mediation

(1)   

A person exercising power to make Tribunal Procedure Rules or give practice

directions must, when making provision in relation to mediation, have regard

to the following principles—

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(a)   

mediation of matters in dispute between parties to proceedings is to

take place only by agreement between those parties;

(b)   

where parties to proceedings fail to mediate, or where mediation

between parties to proceedings fails to resolve disputed matters, the

failure is not to affect the outcome of the proceedings.

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(2)   

Practice directions may provide for members to act as mediators in relation to

disputed matters in a case that is the subject of proceedings.

 
 

Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 2 — First-tier Tribunal and Upper Tribunal

21

 

(3)   

The provision that may be made by virtue of subsection (2) includes provision

for a member to act as a mediator in relation to disputed matters in a case even

though the member has been chosen to decide matters in the case.

(4)   

Once a member has begun to act as a mediator in relation to a disputed matter

in a case that is the subject of proceedings, the member may decide matters in

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the case only with the consent of the parties.

(5)   

Staff appointed under section 40(1) may, subject to their terms of appointment,

act as mediators in relation to disputed matters in a case that is the subject of

proceedings.

(6)   

In this section—

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“member” means a judge or other member of the First-tier Tribunal or a

judge or other member of the Upper Tribunal;

“practice direction” means a direction under section 23(1) or (2);

“proceedings” means proceedings before the First-tier Tribunal or

proceedings before the Upper Tribunal.

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25      

Supplementary powers of Upper Tribunal

(1)   

In relation to the matters mentioned in subsection (2), the Upper Tribunal—

(a)   

has, in England and Wales or in Northern Ireland, the same powers,

rights, privileges and authority as the High Court, and

(b)   

has, in Scotland, the same powers, rights, privileges and authority as

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the Court of Session.

(2)   

The matters are—

(a)   

the attendance and examination of witnesses,

(b)   

the production and inspection of documents, and

(c)   

all other matters incidental to the Upper Tribunal’s functions.

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(3)   

Subsection (1) shall not be taken—

(a)   

to limit any power to make Tribunal Procedure Rules;

(b)   

to be limited by anything in Tribunal Procedure Rules other than an

express limitation.

(4)   

A power, right, privilege or authority conferred in a territory by subsection (1)

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is available for purposes of proceedings in the Upper Tribunal that take place

outside that territory (as well as for purposes of proceedings in the tribunal that

take place within that territory).

26      

First-tier Tribunal and Upper Tribunal: sitting places

Each of the First-tier Tribunal and the Upper Tribunal may decide a case—

35

(a)   

in England and Wales,

(b)   

in Scotland, or

(c)   

in Northern Ireland,

even though the case arises under the law of a territory other than the one in

which the case is decided.

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Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 2 — First-tier Tribunal and Upper Tribunal

22

 

27      

Enforcement

(1)   

A sum payable in pursuance of a decision of the First-tier Tribunal or Upper

Tribunal made in England and Wales—

(a)   

shall be recoverable as if it were payable under an order of a county

court in England and Wales;

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(b)   

shall be recoverable as if it were payable under an order of the High

Court in England and Wales.

(2)   

An order for the payment of a sum payable in pursuance of a decision of the

First-tier Tribunal or Upper Tribunal made in Scotland (or a copy of such an

order certified in accordance with Tribunal Procedure Rules) may be enforced

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as if it were an extract registered decree arbitral bearing a warrant for execution

issued by the sheriff court of any sheriffdom in Scotland.

(3)   

A sum payable in pursuance of a decision of the First-tier Tribunal or Upper

Tribunal made in Northern Ireland—

(a)   

shall be recoverable as if it were payable under an order of a county

15

court in Northern Ireland;

(b)   

shall be recoverable as if it were payable under an order of the High

Court in Northern Ireland.

(4)   

This section does not apply to a sum payable in pursuance of—

(a)   

an award under section 16(6), or

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(b)   

an order by virtue of section 21(1).

(5)   

The Lord Chancellor may by order make provision for subsection (1) or (3) to

apply in relation to a sum of a description specified in the order with the

omission of one (but not both) of paragraphs (a) and (b).

(6)   

Tribunal Procedure Rules—

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(a)   

may make provision as to where, for purposes of this section, a decision

is to be taken to be made;

(b)   

may provide for all or any of subsections (1) to (3) to apply only, or not

to apply except, in relation to sums of a description specified in

Tribunal Procedure Rules.

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28      

Assessors

(1)   

If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before

it requires special expertise not otherwise available to it, it may direct that in

dealing with that matter it shall have the assistance of a person or persons

appearing to it to have relevant knowledge or experience.

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(2)   

The remuneration of a person who gives assistance to either tribunal as

mentioned in subsection (1) shall be determined and paid by the Lord

Chancellor.

(3)   

The Lord Chancellor may—

(a)   

establish panels of persons from which either tribunal may (but need

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not) select persons to give it assistance as mentioned in subsection (1);

(b)   

under paragraph (a) establish different panels for different purposes;

(c)   

after carrying out such consultation as he considers appropriate,

appoint persons to a panel established under paragraph (a);

(d)   

remove a person from such a panel.

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