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]
Part 1 — Tribunals and Inquiries
Chapter 3 — Transfer of tribunal functions
30

“Minister of the Crown” has the meaning given by section 8(1) of the 1975
Act but includes the Commissioners for Her Majesty’s Revenue and
Customs;
“the 1975 Act” means the Ministers of the Crown Act 1975 (c. 26).
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Transfer of powers to make procedural rules for certain tribunals
5
(1)
The Lord Chancellor may by order transfer any power to make procedural
rules for a scheduled tribunal to—
(a)
himself, or
(b)
the Tribunal Procedure Committee.
(2)
A power may not be transferred under subsection (1) if, or to the extent that,
10
the provision conferring the power—
(a)
would be within the legislative competence of the Scottish Parliament
if it were included in an Act of that Parliament, or
(b)
would be within the legislative competence of the Northern Ireland
Assembly if it were included in an Act of that Assembly.
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(3)
Subsection (2) does not apply to—
(a)
power conferred by section 40A(3) or 41(2) of the Consumer Credit Act
1974 (c. 39) (power to make provision with respect to appeals), or
(b)
power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38)
(duty of Secretary of State to make regulations with respect to appeals
20
under section 7(1) of that Act).
(4)
An order under subsection (1)(b)—
(a)
may not alter any parliamentary procedure relating to the making of
the procedural rules concerned, but
(b)
may otherwise include provision for the purpose of assimilating the
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procedure for making them to the procedure for making Tribunal
Procedure Rules.
(5)
An order under subsection (1)(b) may include provision requiring the Tribunal
Procedure Committee to make procedural rules for purposes notified to it by
the Lord Chancellor.
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(6)
An order under this section—
(a)
may relate to a power either wholly or in cases (including cases framed
by reference to areas) specified in the order;
(b)
may include provision for the purposes of or in consequence of, or for
giving full effect to, the transfer;
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(c)
may include such incidental, supplementary, transitional or
consequential provision or savings as the Lord Chancellor thinks fit.
(7)
A power to make procedural rules for a tribunal that is exercisable by the
Tribunal Procedure Committee by virtue of an order under this section must
be exercised by the committee with a view to securing—
40
(a)
that the system for deciding matters within the jurisdiction of that
tribunal is accessible and fair,
(b)
that proceedings before that tribunal are handled quickly and
efficiently,
(c)
that the rules are both simple and simply expressed, and
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Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 3 — Transfer of tribunal functions
31

(d)
that the rules where appropriate confer on persons who are, or who are
members of, that tribunal responsibility for ensuring that proceedings
before that tribunal are handled quickly and efficiently.
(8)
In this section—
“procedural rules”, in relation to a tribunal, means provision (whether
5
called rules or not) regulating practice or procedure before the tribunal;
“scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect
for the purposes of this section.
37
Power to amend lists of tribunals in Schedule 6
(1)
The Lord Chancellor may by order amend Schedule 6—
10
(a)
for the purpose of adding a tribunal to a list in the Schedule;
(b)
for the purpose of removing a tribunal from a list in the Schedule;
(c)
for the purpose of removing a list from the Schedule;
(d)
for the purpose of adding to the Schedule a list of tribunals that has
effect for the purposes of any one or more of sections 30, 32(3), 35 and
15
36.
(2)
The following rules apply to the exercise of power under subsection (1)—
(a)
a tribunal may not be added to a list, or be in an added list, if the
tribunal is established otherwise than by or under an enactment;
(b)
a tribunal established by an enactment passed or made after the last day
20
of the Session in which this Act is passed must not be added to a list, or
be in an added list, that has effect for the purposes of section 30;
(c)
if any relevant function is exercisable in relation to a tribunal by the
Welsh Ministers (whether by the Welsh Ministers alone, or by the
Welsh Ministers jointly or concurrently with any other person), the
25
tribunal may be added to a list, or be in an added list, only with the
consent of the Welsh Ministers;
(d)
a tribunal may be in more than one list.
(3)
In subsection (2)(c) “relevant function”, in relation to a tribunal, means a
function which relates—
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(a)
to the operation of the tribunal (including, in particular, its
membership, administration, staff, accommodation and funding, and
payments to its members or staff), or
(b)
to the provision of expenses and allowances to persons attending the
tribunal or attending elsewhere in connection with proceedings before
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the tribunal.
(4)
In subsection (1) “tribunal” does not include an ordinary court of law.
(5)
In this section “enactment” means any enactment whenever passed or made,
including an enactment comprised in subordinate legislation (within the
meaning of the Interpretation Act 1978 (c. 30)).
40
38
Orders under sections 30 to 36: supplementary
(1)
Provision in an order under any of sections 30 to 36 may take the form of
amendments, repeals or revocations of enactments.

Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 4 — Administrative matters in respect of certain tribunals
32

(2)
In this section “enactment” means any enactment whenever passed or made,
including an enactment comprised in subordinate legislation (within the
meaning of the Interpretation Act 1978 (c. 30)).
(3)
Any power to extend enactments to a territory outside the United Kingdom
shall have effect as if it included—
5
(a)
power to extend those enactments as they have effect with any
amendments and repeals made in them by orders under any of sections
30 to 36, and
(b)
power to extend those enactments as if any amendments and repeals
made in them under those sections had not been made.
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Chapter 4
Administrative matters in respect of certain tribunals
39
The general duty
(1)
The Lord Chancellor is under a duty to ensure that there is an efficient and
effective system to support the carrying on of the business of—
15
(a)
the First-tier Tribunal,
(b)
the Upper Tribunal,
(c)
employment tribunals,
(d)
the Employment Appeal Tribunal, and
(e)
the Asylum and Immigration Tribunal,
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and that appropriate services are provided for those tribunals (referred to in
this section and in sections 40 and 41 as “the tribunals”).
(2)
Any reference in this section, or in section 40 or 41, to the Lord Chancellor’s
general duty in relation to the tribunals is to his duty under subsection (1).
(3)
The Lord Chancellor must annually prepare and lay before each House of
25
Parliament a report as to the way in which he has discharged his general duty
in relation to the tribunals.
40
Tribunal staff and services
(1)
The Lord Chancellor may appoint such staff as appear to him appropriate for
the purpose of discharging his general duty in relation to the tribunals.
30
(2)
Subject to subsections (3) and (4), the Lord Chancellor may enter into such
contracts with other persons for the provision, by them or their sub-
contractors, of staff or services as appear to him appropriate for the purpose of
discharging his general duty in relation to the tribunals.
(3)
The Lord Chancellor may not enter into contracts for the provision of staff to
35
discharge functions which involve making judicial decisions or exercising any
judicial discretion.
(4)
The Lord Chancellor may not enter into contracts for the provision of staff to
carry out the administrative work of the tribunals unless an order made by the
Lord Chancellor authorises him to do so.
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Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 4 — Administrative matters in respect of certain tribunals
33

(5)
Before making an order under subsection (4) the Lord Chancellor must consult
the Senior President of Tribunals as to what effect (if any) the order might have
on the proper and efficient administration of justice.
(6)
An order under subsection (4) may authorise the Lord Chancellor to enter into
contracts for the provision of staff to discharge functions—
5
(a)
wholly or to the extent specified in the order,
(b)
generally or in cases or areas specified in the order, and
(c)
unconditionally or subject to the fulfilment of conditions specified in
the order.
41
Provision of accommodation
10
(1)
The Lord Chancellor may provide, equip, maintain and manage such tribunal
buildings, offices and other accommodation as appear to him appropriate for
the purpose of discharging his general duty in relation to the tribunals.
(2)
The Lord Chancellor may enter into such arrangements for the provision,
equipment, maintenance or management of tribunal buildings, offices or other
15
accommodation as appear to him appropriate for the purpose of discharging
his general duty in relation to the tribunals.
(3)
The powers under—
(a)
section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by
agreement), and
20
(b)
section 228(1) of the Town and Country Planning Act 1990 (c. 8)
(compulsory acquisition),

to acquire land necessary for the public service are to be treated as including
power to acquire land for the purpose of its provision under arrangements
entered into under subsection (2).
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(4)
In this section “tribunal building” means any place where any of the tribunals
sits, including the precincts of any building in which it sits.
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Fees
(1)
The Lord Chancellor may by order prescribe fees payable in respect of—
(a)
anything dealt with by the First-tier Tribunal,
30
(b)
anything dealt with by the Upper Tribunal,
(c)
anything dealt with by the Asylum and Immigration Tribunal,
(d)
anything dealt with by an added tribunal, and
(e)
mediation conducted by staff appointed under section 40(1).
(2)
An order under subsection (1) may, in particular, contain provision as to—
35
(a)
scales or rates of fees;
(b)
exemptions from or reductions in fees;
(c)
remission of fees in whole or in part.
(3)
In subsection (1)(d) “added tribunal” means a tribunal specified in an order
made by the Lord Chancellor.
40
(4)
A tribunal may be specified in an order under subsection (3) only if—
(a)
it is established by or under an enactment, whenever passed or made,
and

Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 5 — Oversight of administrative justice system, tribunals and inquiries
34

(b)
is not an ordinary court of law.
(5)
Before making an order under this section, the Lord Chancellor must consult—
(a)
the Senior President of Tribunals, and
(b)
the Administrative Justice and Tribunals Council.
(6)
The making of an order under subsection (1) requires the consent of the
5
Treasury except where the order contains provision only for the purpose of
altering amounts payable by way of fees already prescribed under that
subsection.
(7)
The Lord Chancellor must take such steps as are reasonably practicable to
bring information about fees under subsection (1) to the attention of persons
10
likely to have to pay them.
(8)
Fees payable under subsection (1) are recoverable summarily as a civil debt.
(9)
Subsection (8) does not apply to the recovery in Scotland of fees payable under
this section.
(10)
Until the Administrative Justice and Tribunals Council first has ten members
15
appointed under paragraph 1(2) of Schedule 7, the reference to that council in
subsection (5) is to be read as a reference to the Council on Tribunals.
43
Report by Senior President of Tribunals
(1)
Each year the Senior President of Tribunals must give the Lord Chancellor a
report covering, in relation to relevant tribunal cases—
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(a)
matters that the Senior President of Tribunals wishes to bring to the
attention of the Lord Chancellor, and
(b)
matters that the Lord Chancellor has asked the Senior President of
Tribunals to cover in the report.
(2)
The Lord Chancellor must publish each report given to him under subsection
25
(1).
(3)
In this section “relevant tribunal cases” means—
(a)
cases coming before the First-tier Tribunal,
(b)
cases coming before the Upper Tribunal,
(c)
cases coming before the Employment Appeal Tribunal, and
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(d)
cases coming before employment tribunals.
Chapter 5
Oversight of administrative justice system, tribunals and inquiries
44
The Administrative Justice and Tribunals Council
(1)
There is to be a council to be known as the Administrative Justice and Tribunals
35
Council.
(2)
In Schedule 7—
Part 1 makes provision about membership and committees of the Council,
Part 2 makes provision about functions of the Council,

Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 6 — Supplementary
35

Part 3 requires the Council to be consulted before procedural rules for
certain tribunals are made, confirmed etc., and
Part 4 contains interpretative provisions.
45
Abolition of the Council on Tribunals
(1)
The following are abolished—
5
(a)
the Council on Tribunals, and
(b)
the Scottish Committee of the Council on Tribunals.
(2)
In consequence of subsection (1), sections 1 to 4 of the Tribunals and Inquiries
Act 1992 (c. 53) cease to have effect.
(3)
The Lord Chancellor may by order transfer to the Administrative Justice and
10
Tribunals Council the property, rights and liabilities of—
(a)
the Council on Tribunals;
(b)
the Scottish Committee of the Council on Tribunals.
Chapter 6
Supplementary
15
46
Delegation of functions by Lord Chief Justice etc.
(1)
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 any of his functions under the provisions listed in subsection (2).
(2)
The provisions are—
20
paragraphs 3(4) and 6(3)(a) of Schedule 2;
paragraphs 3(4) and 6(3)(a) of Schedule 3;
paragraphs 2(2) and 5(5) of Schedule 4;
paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.
(3)
The Lord President of the Court of Session may nominate any of the following
25
to exercise any of his functions under the provisions listed in subsection (4)—
(a)
a judge who is a member of the First or Second Division of the Inner
House of the Court of Session;
(b)
the Senior President of Tribunals.
(4)
The provisions are—
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paragraphs 3(2) and 6(3)(b) of Schedule 2;
paragraphs 3(2) and 6(3)(b) of Schedule 3;
paragraphs 2(3) and 5(6) of Schedule 4;
paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.
(5)
The Lord Chief Justice of Northern Ireland may nominate any of the following
35
to exercise any of his functions under the provisions listed in subsection (6)—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice
(Northern Ireland) Act 2002 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act);
(c)
the Senior President of Tribunals.
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(6)
The provisions are—

Tribunals, Courts and Enforcement Bill [HL]
Part 1 — Tribunals and Inquiries
Chapter 6 — Supplementary
36

paragraphs 3(3) and 6(3)(c) of Schedule 2;
paragraphs 3(3) and 6(3)(c) of Schedule 3;
paragraphs 2(4) and 5(7) of Schedule 4;
paragraphs 24 and 25(2)(c) of Schedule 5.
47
Co-operation in relation to judicial training, guidance and welfare
5
(1)
Persons with responsibilities in connection with a courts-related activity, and
persons with responsibilities in connection with the corresponding tribunals
activity, must co-operate with each other in relation to the carrying-on of those
activities.
(2)
In this section “courts-related activity” and “corresponding tribunals activity”
10
are to be read as follows—
(a)
making arrangements for training of judiciary of a territory is a courts-
related activity, and the corresponding tribunals activity is making
arrangements for training of tribunal members;
(b)
making arrangements for guidance of judiciary of a territory is a courts-
15
related activity, and the corresponding tribunals activity is making
arrangements for guidance of tribunal members;
(c)
making arrangements for the welfare of judiciary of a territory is a
courts-related activity, and the corresponding tribunals activity is
making arrangements for the welfare of tribunal members.
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(3)
Subsection (1) applies to a person who has responsibilities in connection with
a courts-related activity only if—
(a)
the person is the chief justice of the territory concerned, or
(b)
what the person does in discharging those responsibilities is done
(directly or indirectly) on behalf of the chief justice of that territory.
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(4)
Subsection (1) applies to a person who has responsibilities in connection with
a corresponding tribunals activity only if—
(a)
the person is the Senior President of Tribunals, or
(b)
what the person does in discharging those responsibilities is done
(directly or indirectly) on behalf of the Senior President of Tribunals.
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(5)
For the purposes of this section—
(a)
“territory” means—
(i)
England and Wales,
(ii)
Scotland, or
(iii)
Northern Ireland;
35
(b)
the “chief justice”—
(i)
of England and Wales is the Lord Chief Justice of England and
Wales,
(ii)
of Scotland is the Lord President of the Court of Session, and
(iii)
of Northern Ireland is the Lord Chief Justice of Northern
40
Ireland;
(c)
a person is a “tribunal member” if the person is—
(i)
a judge, or other member, of the First-tier Tribunal or Upper
Tribunal,
(ii)
a judge, or other member, of the Employment Appeal Tribunal,
45
(iii)
a member of a panel of members of employment tribunals
(whether or not a panel of chairmen), or