The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

• Citation: S.I. 2008/2683
• Sections: 352

Section 1 Citation, commencement and extent

This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 and comes into force on 3rd November 2008.

Section 2 Citation, commencement and extent

Except as provided by articles 3 and 4, an amendment or revocation of any enactment by any provision of Schedules 1 and 2 extends to any part of the United Kingdom to which the enactment extends.

Section 3 Citation, commencement and extent

(1) For the purposes of article 4 the following amendments and revocations made by Schedules 1 and 2 do not extend to Scotland—

(2) In Schedule 1—

(a) paragraph 96(a), (c), (d) and (e) (i), (iii), (iv) and (vi) to (ix);

(b) paragraph 124 in so far as it relates to regulations 35, 36(1), (2)(a), (5) and (8), 37 and 38;

(c) paragraph 126 in so far as it relates to regulations 39, 40, 42, 43, 46, 47, 49, 51 and 53 to 58;

(d) paragraphs 128, 133(a) and 134; and

(e) paragraph 136 in so far as it relates to regulations 16 to 28 and 30 to 33.

(3) In Schedule 2 the entries relating to—

(a) the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 1999 in so far as the entry relates to regulation 2(b);

(b) the Social Security and Child Support (Decisions and Appeals), Vaccine Damage Payments and Jobseeker’s Allowance Amendment Regulations 1999 in so far as the entry relates to regulation 10;

(c) the Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 in so far as the entry relates to regulations 24(a) to (c), (e) and (h), 25, 29 and 31;

(d) the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 in so far as the entry relates to regulations 13 to 18 and 20;

(e) the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2003 ;

(f) the Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 in so far as the entry relates to regulation 2(4) to (7);

(g) the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 in so far as the entry relates to regulation 2(9) to (14), (18) and (20);

(h) the Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 in so far as the entry relates to regulation 2; and

(i) the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008 .

Section 4 Citation, commencement and extent

The purposes referred to in article 3(1) are—

(a) the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 of an appeal which is referred to such a tribunal by the Scottish Ministers, or the Secretary of State on their behalf, pursuant to section 158 (appeal tribunals) of the Health and Social Care (Community Health and Standards) Act 2003 ; and

(b) the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of that Act against a decision falling within sub-paragraph (a).

Section 5 Transitional provision

Where an appeal lies to the High Court under regulation 12 of the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999 (appeals to the High Court) from any decision made by the appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998, and that appeal has not been commenced before 3rd November 2008, section 11 of the Tribunals Courts and Enforcement Act 2007 shall apply as if the decision were a decision made on or after the 3rd November 2008 by the First-tier Tribunal.

Section 6 Consequential Amendments and Revocations

(1) Schedule 1 contains consequential amendments.

(2) Schedule 2 contains revocations. The instruments listed in column (1) of the table in Schedule 2 (which have the references listed in column (2)) are revoked to the extent indicated in column (3).

Section 1 War Pensions (Mercantile Marine) Scheme 1964

Schedule 7 to the War Pensions (Mercantile Marine) Scheme 1964 is amended as follows—

(a) in paragraph 4—

(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;

(ii) for “the decision of a Pensions Appeal” substitute “the decision of the”; and

(iii) in paragraph (b) after “Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”; and

(b) in paragraph 8—

(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;

(ii) for “the decision of a Pensions Appeal”, in both places, substitute “the decision of the”; and

(iii) after “application to the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”.

Section 2 Rent Assessment Committees (England and Wales) Regulations 1971

In regulation 3(1) of the Rent Assessment Committees (England and Wales) Regulations 1971 (hearings) omit “; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing”.

Section 3 Plant Varieties and Seeds Tribunal Rules 1974

In rule 10 of the Plant Varieties and Seeds Tribunal Rules 1974 (tribunal to sit in public) omit paragraph (2).

Section 4 Industrial Training (Levy Exemption References) Regulations 1974

In paragraph 6(1) of the Schedule to the Industrial Training (Levy Exemption References) Regulations 1974 (the hearing) omit “, but a member of the Council on Tribunals or of the Scottish Committee of the Council shall be entitled to attend the hearing of any reference in private in his capacity as such member”.

Section 5 Health and Safety Inquiries (Procedure) Regulations 1975

In regulation 8 of the Health and Safety Inquiries (Procedure) Regulations 1975 (procedure at inquiry) omit paragraph (3)(b)(i) (and the following “and” and “(ii)”).

Section 6 Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

In Schedule 3 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (excepted proceedings) for paragraph 5 substitute—

(5) Proceedings under the Mental Health Act 1983 before any tribunal.

Section 7 Social Security Benefit (Dependency) Regulations 1977

In regulation 1(2) of the Social Benefit (Dependency) Regulations 1977 (citation, commencement and interpretation) in the definition of “determining authority” for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Section 8 Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

In regulation 1(2) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (citation, commencement and interpretation) in the definition of “the determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Section 9 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

The Pensions Appeals Tribunals (Posthumous Appeals) Order 1980 is amended as follows.

Section 10 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 1(2) (interpretation)—

(a) in the definition of “Commissioner” for sub-paragraphs (a) and (b) substitute “the Social Security Administration (Northern Ireland) Act 1992 ”; and

(b) in the definition of “the President of the Pensions Appeal Tribunals”—

(i) omit “by the Lord Chancellor”; and

(ii) at the end insert “for Scotland or Northern Ireland”.

Section 11 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 3 (posthumous notification of, and appeals to Pensions Appeals Tribunals against, decisions of the Secretary of State)—

(a) in the heading for “Pensions Appeals Tribunals” substitute “the appropriate tribunal”;

(b) in paragraph (1) for “Pensions Appeal Tribunals” substitute “the appropriate tribunal; and

(c) after paragraph (5) insert—

(6) For appeals to the First-tier Tribunal, Tribunal Procedure Rules apply in respect of the time limits and extension to those time limits by the Secretary of State.

Section 12 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 4 (initiation of posthumous appeals to a Commissioner)—

(a) in the heading after “Commissioner” insert “or the Upper Tribunal”;

(b) in paragraph (1)—

(i) for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;

(ii) after “to a Commissioner” insert “or the Upper Tribunal”; and

(iii) after “Act” insert “or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 , as the case may be”;

(c) in paragraph (2)—

(i) for “the Pensions Appeal Tribunal” substitute “an appropriate tribunal”;

(ii) after “to a Commissioner” insert “or the Upper Tribunal”; and

(iii) after “6A” insert “of the Act, or to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007, as the case may be”; and

(d) in paragraph (3)(b) for “a Pensions Appeal Tribunal” substitute “the appropriate tribunal”.

Section 13 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 5 (continuation of appeals after death of claimant) for “or, as the case may be, 6A of the Act” substitute “or 6A of the Act or section 11 of the Tribunals, Courts and Enforcement Act 2007, as the case may be”.

Section 14 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 5A (posthumous appeals from a Commissioner)—

(a) in the heading, after “a Commissioner” insert “or the Upper Tribunal”; and

(b) at the end insert “or where the appeal was brought or continued in the Upper Tribunal, the designated person may appeal from the Upper Tribunal in accordance with section 13 of the Tribunals, Courts and Enforcement Act 2007”.

Section 15 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 6 (directions in relation to appeals) after “President or a Commissioner” insert “or the First-tier Tribunal or the Upper Tribunal, as the case may be,”.

Section 16 Pensions Appeals Tribunals (Posthumous Appeals) Order 1980

In article 9(3) (application of order and time for appealing) after “of the Act” insert “or the Tribunals, Courts and Enforcement Act 2007”.

Section 17 Rent Assessment Committees (England and Wales) (Rent Tribunal) Regulations 1980

In regulation 7(1) of the Rent Assessment Committees (England and Wales) (Rent Tribunal) Regulations 1980 omit “; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing”.

Section 18 Statutory Sick Pay (General) Regulations 1982

In regulation 9A(3) of the Statutory Sick Pay (General) Regulations 1982 (liability of the Commissioners of Inland Revenue for payments of statutory sick pay) for the words “a Social Security Appeal Tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal.”.

Section 19 War Pensions (Commencing Dates of Past Awards) Order 1982

The War Pensions (Commencing Dates of Past Awards) Order 1982 is amended as follows.

Section 20 War Pensions (Commencing Dates of Past Awards) Order 1982

In article 1 (interpretation)—

(a) before the definition of “instruments” insert—

“appropriate tribunal” means the appropriate tribunal as defined in section 12(1) of the 1943 Act;

(b) omit the definition of “Pensions Appeal Tribunal”; and

(c) in the definition of “the rules” after “1943 Act” insert “or Tribunal Procedure Rules”.

Section 21 War Pensions (Commencing Dates of Past Awards) Order 1982

In article 4 (limitation on arrears)—

(a) in sub-paragraph (a)—

(i) after “under the rules” insert “or by the Upper Tribunal”; and

(ii) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”;

(b) in sub-paragraph (b) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”; and

(c) in sub-paragraph (c)—

(i) for “from Pensions Appeal Tribunal” substitute “from the appropriate tribunal”; and

(ii) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”.

Section 22 War Pensions (Commencing Dates of Past Awards) Order 1982

In items 4 and 5 of Schedule 2 (commencing dates of past awards)—

(a) in column 2—

(i) in paragraph (a) after “under the rules” insert “or by the Upper Tribunal”; and

(ii) in paragraph (b) for “a Pensions Appeal Tribunal” substitute “an appropriate tribunal”; and

(b) in column 3 for “Pensions Appeal Tribunal” substitute “appropriate tribunal”.

Section 23 Social Security (General Benefit) Regulations 1982

The Social Security (General Benefit) Regulations 1982 are amended as follows.

Section 24 Social Security (General Benefit) Regulations 1982

In regulation 1(2) (citation, commencement and interpretation) in the definition of “determining authority” for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Section 25 Social Security (General Benefit) Regulations 1982

In regulation 11(7) and (8) (further definition of the principles of assessment of disablement and prescribed degrees of disablement) for “an appeal tribunal” substitute “the First-tier Tribunal”.

Section 26 Workmen’s Compensation (Supplementation) Scheme 1982

The Workmen’s Compensation (Supplementation) Scheme 1982 is amended as follows.

Section 27 Workmen’s Compensation (Supplementation) Scheme 1982

In article 1(2) (citation, commencement and interpretation) in the definition of “the appropriate determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Section 28 Workmen’s Compensation (Supplementation) Scheme 1982

In article 12 (determination of claims and applications for revision and supersession arising under the scheme) omit “and the Social Security Commissioners (Procedure) Regulations 1999”.

Section 29 Workmen’s Compensation (Supplementation) Scheme 1982

In Schedule 2 (provisions of the 1998 Act or regulations applicable (with the necessary modifications) to this scheme) omit the entries relating to—

(a) regulations 35 to 38, 39 to 47 and 49 to 58 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(b) the Social Security Commissioners (Procedure) Regulations 1999.

Section 30 Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 is amended as follows.

Section 31 Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

In article 1(2) (citation, commencement and interpretation) in the definition of “the appropriate determining authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Section 32 Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

In article 12 (questions arising under the scheme) omit the entry relating to “the Social Security Commissioners (Procedure) Regulations 1999”.

Section 33 Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

In Schedule 3 (provisions of the Social Security Act or regulations applicable (with the necessary modifications) to this scheme) omit the entries relating to—

(a) regulations 35 to 38, 39 to 47 and 49 to 58 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(b) the Social Security Commissioners (Procedure) Regulations 1999.

Section 34 Personal Injuries (Civilians) Scheme 1983

The Personal Injuries (Civilians) Scheme 1983 is amended as follows.

Section 35 Personal Injuries (Civilians) Scheme 1983

In article 56(a) (determination of medical questions) after “1949” insert “or, as the case may be, the First-tier Tribunal”.

Section 36 Personal Injuries (Civilians) Scheme 1983

In Schedule 5 (commencing dates of awards of pension)—

(a) in paragraph 4—

(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;

(ii) for “the decision of a Pensions Appeal” substitute “the decision of the”; and

(iii) in paragraph (b) after “Pensions Appeal Tribunals” insert “or the First-tier Tribunal as the case may be”; and

(b) in paragraph 8—

(i) after “decision of the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”;

(ii) for “the decision of a Pensions Appeal”, in both places, substitute “the decision”; and

(iii) after “application to the President of the Pensions Appeal Tribunals” insert “or the First-tier Tribunal, as the case may be,”.

Section 37 Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

In regulation 1(2) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (citation, commencement and interpretation), in the definition of “determining authority” for the words “a social security appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.

Section 38 Civil Aviation Authority (Economic Regulation of Airports) Regulations 1986

In regulation 13(7) of the Civil Aviation Authority (Economic Regulation of Airports) Regulations 1986 (enforcement of conditions) omit the words “, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such”.

Section 39 Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 1986

In regulation 7 of the Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 1986 (attendance at inquiries) omit “, provided that a member of the Council on Tribunals or its Scottish Committee shall be entitled to attend notwithstanding that attendance is restricted”.

Section 40 Medicines Act 1968 (Hearings by Persons Appointed) Rules 1986

In rule 6 of the Medicines Act 1968 (Hearings by Persons Appointed) Rules 1986 (procedure at hearings by persons appointed) omit paragraph (3).

Section 41 Animals (Scientific Procedures) (Procedure for Representations) Rules 1986

In rule 8 of the Animals (Scientific Procedures) (Procedure for Representations) Rules 1986 (procedure at hearings of oral representations) omit paragraph (4).

Section 42 Statutory Maternity Pay (General) Regulations 1986

In regulation 7(2) of the Statutory Maternity Pay (General) Regulations 1986 (liability of Commissioners of Inland Revenue to pay statutory maternity pay), for the words “a Social Security Appeal Tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal.”.

Section 43 Social Security (Claims and Payments) Regulations 1987

In regulation 6(26) and (33)(c) of the Social Security (Claims and Payments) Regulations 1987 (date of claim) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”.

Section 44 Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

In regulation 1(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (citation, commencement and interpretation) in the definition of “adjudicating authority” for the words “an appeal tribunal” to the end substitute “the First-tier Tribunal or the Upper Tribunal;”.