The Transfer of Tribunal Functions Order 2008

• Citation: S.I. 2008/2833
• Sections: 244

Section 1 Citation, commencement, interpretation and extent

(1) This Order may be cited as the Transfer of Tribunal Functions Order 2008 and comes into force on 3rd November 2008.

(2) A reference in this Order to a Schedule by a number alone is a reference to the Schedule so numbered in this Order.

(3) Subject as follows, this Order extends to England and Wales, Scotland and Northern Ireland.

(4) Except as provided by paragraph (5) or (6), an amendment, repeal or revocation of any enactment by any provision of Schedule 3 extends to the part or parts of the United Kingdom to which the enactment extends.

(5) For the purposes of article 3(3)(a) and (b) the following amendments, repeals and revocations made by the provisions of that Schedule do not extend to Scotland—

(a) paragraphs 145 to 147;

(b) paragraph 150;

(c) paragraph 151(d);

(d) paragraph 152;

(e) paragraph 154;

(f) paragraphs 167 to 173; and

(g) paragraph 228(h), (l), (n) and (r).

(6) The amendments and repeals made by paragraphs 198 to 201 of Schedule 3 do not extend to Scotland.

Section 2 Additions to the list of tribunals in Schedule 6

In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entries at the appropriate places—

Section 3 Transfer of functions of certain tribunals

(1) Subject to paragraph (3), the functions of the tribunals listed in Table 1 of Schedule 1 are transferred to the First-tier Tribunal.

(2) Subject to paragraph (3), the functions of the tribunals listed in Table 2 of Schedule 1 are transferred to the Upper Tribunal.

(3) The following functions are not transferred—

(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 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 (“the 2003 Act”); and

(b) the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of the 2003 Act against a decision falling within sub-paragraph (a).

Section 4 Abolition of tribunals transferred under section 30(1)

The tribunals listed in Table 1 and Table 2 of Schedule 1 are abolished except for—

(a) appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 in respect of Scotland for the purposes of the function described in article 3(3)(a); and

(b) the Social Security Commissioners in respect of Scotland for the purposes of the function described in article 3(3)(b).

Section 5 Transfer of persons into the First-tier Tribunal and the Upper Tribunal

(1) A person holding an office listed in a table in Schedule 2 who was, was a member of, or was an authorised decision-maker for, a tribunal listed in the corresponding table in Schedule 1 immediately before the functions of that tribunal were transferred under article 3 shall hold the corresponding office or offices.

(2) In paragraph (1) “corresponding” means appearing in the corresponding entry in the table below.

Section 6 Appeal to Upper Tribunal from tribunals in Wales

(1) An appeal against a decision of a tribunal listed in paragraph (2) lies to the Upper Tribunal.

(2) The tribunals referred to in paragraph (1) are—

(a) the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 ; and

(b) the Special Educational Needs Tribunal for Wales established under section 336ZA of the Education Act 1996 .

Section 7 Appeal to Upper Tribunal from tribunals in Scotland

An appeal against a decision of the Pensions Appeal Tribunal in Scotland under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) lies to the Upper Tribunal.

Section 8 Appeal to Upper Tribunal from tribunals in Northern Ireland

An appeal against a decision of the Pensions Appeal Tribunal in Northern Ireland under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) lies to the Upper Tribunal.

Section 9 Minor, consequential and transitional provisions

(1) Schedule 3 contains minor, consequential and supplemental amendments, and repeals and revocations as a consequence of those amendments.

(2) Schedule 4 contains transitional provisions.

Section 1 War Pensions (Administrative Provisions) Act 1919

The War Pensions (Administrative Provisions) Act 1919 is amended as follows.

Section 2 War Pensions (Administrative Provisions) Act 1919

In section 8 (appeals to Pensions Appeal Tribunals)—

(a) in the heading, omit “to Pensions Appeal Tribunals”;

(b) in subsection (1) for the words from “a Pensions Appeal Tribunal” to the end substitute “the appropriate tribunal, whose decision shall be final (subject, in the case of a decision of the First-Tier Tribunal, to provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007).”;

(c) after that subsection insert—

(1A) For the purposes of subsection (1) above “the appropriate tribunal” means—

(a) in relation to England and Wales, the First-tier Tribunal;

(b) in relation to Scotland, a Pensions Appeal Tribunal for Scotland established under this section; and

(c) in relation to Northern Ireland, a Pensions Appeal Tribunal for Northern Ireland established under this section.

(d) in subsection (2)—

(i) for “such parts of the United Kingdom as may be determined” substitute “Scotland and Northern Ireland”; and

(ii) for “of Pensions Appeal Tribunals” substitute “of those tribunals”.

Section 3 War Pensions (Administrative Provisions) Act 1919

In paragraph 1 of the Schedule (constitution jurisdiction and procedure of Pensions Appeal Tribunals) for the words from the beginning to “Kingdom” substitute “Such number of pensions appeal tribunals shall be constituted for Scotland and Northern Ireland”.

Section 4 Pensions Appeal Tribunals Act 1943

The Pensions Appeal Tribunals Act 1943 is amended as follows.

Section 5 Pensions Appeal Tribunals Act 1943

In section 1 (appeals against rejection of war pension claims)—

(a) in subsection (1) for “a Pensions Appeal Tribunal constituted under this Act (hereafter in this Act referred to as “the Tribunal”)” substitute “the appropriate tribunal”; and

(b) in subsections (2), (3), (3A) and (4) for “Tribunal” substitute “appropriate tribunal”.

Section 6 Pensions Appeal Tribunals Act 1943

In section 2(1) and (2) (appeals against rejection of war pension claims made in respect of mariners, pilots etc) for “Tribunal” substitute “appropriate tribunal”.

Section 7 Pensions Appeal Tribunals Act 1943

In section 3(1) and (2) (appeals against rejection of war pension claims made in respect of civil defence volunteers and other civilians) for “Tribunal” substitute “appropriate tribunal”.

Section 8 Pensions Appeal Tribunals Act 1943

In section 4(1) and (2) (appeals in cases where award is withheld or reduced on ground of serious negligence or misconduct) for “Tribunal” substitute “appropriate tribunal”.

Section 9 Pensions Appeal Tribunals Act 1943

In section 5 (appeals against assessment of extent of disablement)—

(a) in subsection (1) for “Tribunal”, in both places, substitute “appropriate tribunal”; and

(b) in subsection (2)—

(i) for “Tribunal”, in each place, substitute “appropriate tribunal”; and

(ii) for “Tribunal’s” substitute “appropriate tribunal’s”.

Section 10 Pensions Appeal Tribunals Act 1943

In subsection 5A(1)(b) (appeals in other cases) for “Tribunal” substitute “appropriate tribunal”.

Section 11 Pensions Appeal Tribunals Act 1943

In section 5B (matters relevant on appeal) for “appeal, a Pensions Appeal Tribunal” substitute “appeal under any provision of this Act, the appropriate tribunal”.

Section 12 Pensions Appeal Tribunals Act 1943

(1) Section 6 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.

(2) In the heading, at the end insert “for Scotland and Northern Ireland etc”.

(3) In subsection (1), at the end insert “for Scotland and Northern Ireland”.

(4) In subsection (2C)—

(a) in paragraph (a) for “Tribunal, or” substitute “Pensions Appeal Tribunal for Scotland or Northern Ireland,”;

(b) after paragraph (b) insert—

(c) the First-tier Tribunal reviews a decision made by it under this Act which it sets aside under section 9(4)(c) of the Tribunals, Courts and Enforcement Act 2007, or

(d) a case involving a decision made by the First-tier Tribunal under this Act is remitted to it by the Upper Tribunal under section 12(2)(b)(i) of that Act,

(c) for “or direction” substitute “, direction, setting aside or remittal”.

(5) In subsection (3)—

(a) omit the “and” at the end of paragraph (a);

(b) after paragraph (b) insert—

, and

(c) provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007,

(c) for “the Tribunal” substitute “the appropriate tribunal”.

(6) In subsection (4) for “Tribunal”, in both places, substitute “appropriate tribunal”.

Section 13 Pensions Appeal Tribunals Act 1943

(1) Section 6A (appeals from Tribunal to Social Security Commissioner) is amended as follows.

(2) For the heading substitute “Appeals from Pensions Appeal Tribunal for Scotland or Northern Ireland”.

(3) For subsection (1) substitute—

(1) Subject to the provisions of this section, an appeal shall lie to the appropriate body from any decision of a Pensions Appeal Tribunal for Scotland or Northern Ireland under any of sections 1 to 5A of this Act on the ground that the decision was erroneous in point of law.

(1A) For the purposes of this section “the appropriate body” means—

(a) in relation to a decision of a Pensions Appeal Tribunal for Scotland, the Upper Tribunal; and

(b) in relation to a decision of a Pensions Appeal Tribunal for Northern Ireland—

(i) the Upper Tribunal in the case of a decision under section 5 of this Act; and

(ii) a Northern Ireland Social Security Commissioner in any other case.

(4) In subsection (2) for “Tribunal” substitute “Pensions Appeal Tribunal for Scotland or Northern Ireland”.

(5) In subsection (3)—

(a) for “the appeal” substitute “an appeal under this section to a Northern Ireland Social Security Commissioner”; and

(b) for “the Tribunal” substitute “a Pensions Appeal Tribunal for Northern Ireland”.

(6) In subsection (4)—

(a) after “Where” insert “an appeal is made to a Northern Ireland Social Security Commissioner and”;

(b) in paragraph (a)(i) for “the Tribunal” substitute “the Pensions Appeal Tribunal for Northern Ireland”; and

(c) in paragraph (b) for “the Tribunal” substitute “a Pensions Appeal Tribunal for Northern Ireland”.

(7) After subsection (4) insert—

(4A) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Pensions Appeal Tribunal for Scotland or Northern Ireland.

(8) In subsection (5)—

(a) for “the Commissioner” substitute “the Northern Ireland Social Security Commissioner”; and

(b) for “Tribunal” substitute “Pensions Appeal Tribunal for Scotland or Northern Ireland”.

(9) After subsection (5) insert—

(5A) No appeal lies under this section to the Upper Tribunal without the leave of the Pensions Appeal Tribunal for Scotland or Northern Ireland concerned, or of the Upper Tribunal, on an application by the party.

(10) In subsection (6)—

(a) after “under this section” insert “to a Northern Ireland Social Security Commissioner”;

(b) in paragraph (a) for “the Tribunal” substitute “the tribunal concerned”;

(c) in paragraph (b) for “the part of the United Kingdom for which the Tribunal was appointed” substitute “Northern Ireland”; and

(d) in paragraph (c) for “an appropriate Social Security Commissioner” substitute “a Northern Ireland Social Security Commissioner”.

(11) In subsection (7)—

(a) after “appeals” insert “to a Northern Ireland Social Security Commissioner”; and

(b) for “to appeal” substitute “to bring such appeals”.

(12) In subsection (8) for “Commissioner” substitute “Northern Ireland Social Security Commissioner”.

(13) Omit subsection (9).

(14) In subsection (10) for “Tribunal, a Great Britain Social Security Commissioner may direct that an application or appeal to him” substitute “appropriate tribunal under section 1, 2, 3, 4 or 5A, the Upper Tribunal may direct that an application or appeal to it”.

Section 14 Pensions Appeal Tribunals Act 1943

In section 6B (redetermination etc of appeals by Pensions Appeal Tribunal)—

(a) in the title for “Pensions Appeal Tribunal” substitute “appropriate tribunal”;

(b) for subsection (1) substitute—

(1) Subsections (2) and (3) apply where an application is made to—

(a) a Pensions Appeal Tribunal for Scotland or Northern Ireland under section 6A(5A) of this Act, or

(b) a person under section 6A(6)(a) of this Act,

for leave to appeal from a decision of the tribunal concerned.

(c) in subsection (2)—

(i) for “the person” substitute “the tribunal or person to whom the application is made”;

(ii) for “he” substitute “that tribunal or person”;

(iii) for “the Tribunal” substitute “the tribunal concerned”; and

(iv) for “constituted Tribunal” substitute “constituted Pensions Appeal Tribunal for Scotland or Northern Ireland”; and

(d) in subsection (3)—

(i) for “the person” substitute “the tribunal or person to whom the application is made”; and

(ii) for “constituted Tribunal” substitute “constituted Pensions Appeal Tribunal for Scotland or Northern Ireland”; and

(e) after that subsection insert—

(4) Subsection (5) applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under this Act.

(5) If each of those who would be parties to the appeal if permission were granted expresses the view that the decision was erroneous in point of the law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.

Section 15 Pensions Appeal Tribunals Act 1943

In section 6C (appeals from Commissioner)—

(a) in subsections (1) to (4) for “a Commissioner” substitute “a Northern Ireland Social Security Commissioner”; and

(b) in subsection (3)(a) for “the Tribunal” substitute “the tribunal concerned”.

Section 16 Pensions Appeal Tribunals Act 1943

In section 6D (procedure in proceedings before Commissioner)—

(a) in subsections (1), (3), (4) and (6)(a) for “a Commissioner” substitute “a Northern Ireland Social Security Commissioner”;

(b) in subsection (1)—

(i) for “section 16 of the Social Security Act 1998” substitute “Article 16 of the Social Security (Northern Ireland) Order 1998 ”; and

(ii) for “that Act” substitute “that Order”;

(c) in subsection (2)(a)—

(i) omit “or, in Scotland, by the Secretary of State”; and

(ii) for “Commissioners” substitute “Northern Ireland Social Security Commissioners”;

(d) in subsection (5)—

(i) for “the Chief Commissioner” substitute “the Chief Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 ”; and

(ii) for “Commissioners”, in each place, substitute “Northern Ireland Social Security Commissioners”;

(e) in subsection (8) omit “England and Wales or”; and

(f) omit subsection (9).

Section 17 Pensions Appeal Tribunals Act 1943

In section 8(1), (3) and (5) (time limit for appeals) for “the Tribunal” substitute “a Pensions Appeal Tribunal for Scotland or Northern Ireland”.

Section 18 Pensions Appeal Tribunals Act 1943

In section 9 (notices) for “Tribunal” substitute “appropriate tribunal”.

Section 19 Pensions Appeal Tribunals Act 1943

In section 11A(5) (regulations) omit paragraph (b) (together with the “or” immediately before it).

Section 20 Pensions Appeal Tribunals Act 1943

In section 12 (interpretation)—

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

“the appropriate tribunal” means the First-tier Tribunal or a Pensions Appeal Tribunal for Scotland or Northern Ireland (and see paragraphs 6 to 6B of the Schedule for determining which of those tribunals hears an appeal under this Act);

(b) omit the definition of “Chief Commissioner”;

(c) omit the definition of “Commissioner”;

(d) omit the definition of “Great Britain Social Security Commissioner”; and

(e) in the definition of “Northern Ireland Social Security Commissioner” at the end insert “, and includes a tribunal of Commissioners constituted under section 6D(5) of this Act”.

Section 21 Pensions Appeal Tribunals Act 1943

(1) The Schedule (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.

(2) In paragraph 1—

(a) omit sub-paragraph (1);

(b) after sub-paragraph (3) insert—

(3A) In this Schedule “Tribunal” means a Pensions Appeal Tribunal for Scotland or Northern Ireland constituted in accordance with the provisions of this Schedule.

(c) omit sub-paragraph (4).

(3) In paragraph 2—

(a) omit sub-paragraph (1)(a);

(b) in sub-paragraph (2A) omit “(3A),”;

(c) omit sub-paragraph (3A); and

(d) in sub-paragraph (4) for “sub-paragraphs (3A) and (3B)” substitute “sub-paragraph (3B)”.

(4) In paragraph 2B—

(a) in sub-paragraph (1) for “each part of the United Kingdom” substitute “Scotland or Northern Ireland”;

(b) omit sub-paragraph (2)(a); and

(c) in sub-paragraphs (5) and (6)—

(i) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and

(ii) for “that part of the United Kingdom” substitute “Scotland or Northern Ireland”.

(5) In paragraph 3A—

(a) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and

(b) in paragraph (a) for “that part of the United Kingdom” substitute “Scotland or Northern Ireland”.

(6) In paragraph 3B—

(a) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and

(b) for “such Tribunals in that part of the United Kingdom” substitute “a Pensions Appeal Tribunal for Scotland or Northern Ireland”.

(7) In paragraph 3C(2)—

(a) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and

(b) omit paragraph (a).

(8) In paragraph 5—

(a) in sub-paragraph (1)(a) for “Pensions Appeals Tribunals” substitute “Tribunals”; and

(b) omit sub-paragraph (1A)(a).

(9) In paragraph 6—

(a) for “the Tribunal” substitute “the appropriate tribunal”;

(b) for “such one of the Tribunals appointed for England as may be prescribed by or under rules made for those Tribunals under this Schedule” substitute “the First-tier Tribunal”;

(c) for “a Tribunal” substitute “the appropriate tribunal”; and

(d) for “another Tribunal” substitute “another such tribunal”.

(10) In paragraph 6B—

(a) for “the Tribunal” substitute “the appropriate tribunal”; and

(b) for “a Tribunal appointed for another part of the United Kingdom” substitute “another appropriate tribunal”.

(11) In paragraph 7 for “such appeal” substitute “appeal to a Tribunal”.

(12) In paragraph 7B, omit sub-paragraph (1).

Section 22 Administration of Justice Act 1960

In section 12(1)(b) of the Administration of Justice Act 1960 (publication of information relating to proceedings in private) for “a Mental Health Review Tribunal or to” substitute “the First-tier Tribunal, the Mental Health Review Tribunal for Wales or”.

Section 23 Parliamentary Commissioner Act 1967

The Parliamentary Commissioner Act 1967 is amended as follows.

Section 24 Parliamentary Commissioner Act 1967

Omit section 11B(2)(b) and (3)(b) (the Criminal Injuries Compensation Scheme).

Section 25 Parliamentary Commissioner Act 1967

Omit paragraph 6C of Schedule 3 (matters not subject to investigation).

Section 26 Parliamentary Commissioner Act 1967

(1) Schedule 4 (relevant tribunals for the purposes of section 5(7)) is amended as follows.

(2) Omit the entries relating to —

(a) the Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999; and

(b) the Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996.

(3) In the entry relating to the Mental Health Review Tribunals, for “Tribunals” substitute “Tribunal for Wales”.

Section 27 Local Authority Social Services Act 1970

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry relating to the Mental Health Act 1983, for “Mental Health Review Tribunals” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

Section 28 House of Commons Disqualification Act 1975

(1) Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) is amended as follows.

(2) In Part 1 (judicial offices) omit the first entry beginning “Chief or other Child Support Commissioner”.

(3) In Part 3 (other offices) omit the entries relating to—

(a) an adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995;

(b) an Asylum Support Adjudicator; and

(c) the President of the Special Educational Needs Tribunal, or a member of a panel of persons appointed to act as chairman or other member of that Tribunal.

Section 29 Northern Ireland Assembly Disqualification Act 1975

(1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) is amended as follows.

(2) In Part 1 (judicial offices) omit the first entry beginning “Chief or other Child Support Commissioner”.

(3) In Part 3 (other offices) omit the entry relating to an Asylum Support Adjudicator.

Section 30 Vaccine Damage Payments Act 1979

The Vaccine Damage Payments Act 1979 is amended as follows.

Section 31 Vaccine Damage Payments Act 1979

In section 3A(1) (decisions reversing earlier decisions) for “an appeal tribunal” substitute “a tribunal”.

Section 32 Vaccine Damage Payments Act 1979

In section 4 (appeals to appeal tribunals) as it has effect before the commencement of section 57(2) of, and paragraph 1(2) and (3) of Schedule 7 to, the Welfare Reform Act 2007—

(a) in subsection (1) for “an appeal tribunal” substitute “the First-tier Tribunal”;

(b) omit subsection (2)(b) (together with the “and” immediately before it); and

(c) in subsection (4) for “an appeal tribunal” substitute “the First-tier Tribunal”.

Section 33 Vaccine Damage Payments Act 1979

In section 4 (appeals to appeal tribunals) as it has effect after the commencement of section 57(2) of, and paragraph 1(2) and (3) of Schedule 7 to, the Welfare Reform Act 2007—

(a) in subsection (1A)—

(i) for “In subsection (1) the reference” substitute “In this section any reference”; and

(ii) in paragraph (b) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”;

(b) in subsection (2)—

(i) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”; and

(ii) omit paragraph (b) (together with the “and” immediately before it); and

(c) in subsection (4) for “an appeal tribunal” substitute “an appropriate appeal tribunal”.

Section 34 Vaccine Damage Payments Act 1979

In section 7A(1) (correction of errors and setting aside of decisions)—

(a) in subsection (1)—

(i) in paragraph (a), as it has effect both before and after the commencement of paragraph 1(4) of Schedule 7 to the Welfare Reform Act 2007, for “3, 3A or 4” substitute “3 or 3A”;

(ii) in paragraph (a), as it has effect after the commencement of that provision, omit “, other than a decision of an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998”; and

(iii) omit paragraph (b) (together with the “and” immediately before it), as it has effect both before and after the commencement of that provision; and

(b) in subsection (2) omit “or set aside decisions”.

Section 35 Vaccine Damage Payments Act 1979

Omit section 9A (interpretation).

Section 36 Vaccine Damage Payments Act 1979

In section 12(3) (financial provision)—

(a) omit paragraph (b); and

(b) in paragraph (c) omit “or tribunal”.

Section 37 Judicial Pensions Act 1981

In section 13 of the Judicial Pensions Act 1981 (Social Security Commissioners) omit subsections (1A)(a) and (7).

Section 38 Forfeiture Act 1982

In section 4 of the Forfeiture Act 1982 (Commissioner to decide whether rule applies to social security benefits)—

(a) in the heading for “Commissioner” substitute “Upper Tribunal”;

(b) in subsections (1), (1A), (1G) and (1H) for “a Commissioner”, in each place, substitute “the Upper Tribunal”;

(c) in subsections (1A), (1B) and (1E) for “the Commissioner”, in each place, substitute “the Upper Tribunal”;

(d) in subsection (1B) for “he” substitute “it”;

(e) in subsection (1E) for “he may direct that his” substitute “the Upper Tribunal may direct that its”;

(f) in subsection (2)—

(i) for the words from the beginning to “expedient” substitute “Tribunal Procedure Rules may make provision”;

(ii) for “the regulations” substitute “the rules”; and

(iii) omit paragraph (b) (together with the “and” immediately before it);

(g) omit subsections (3) and (4); and

(h) in subsection (5) omit the definition of “Commissioner”.

Section 39 Mental Health Act 1983

The Mental Health Act 1983 is amended as follows.

Section 40 Mental Health Act 1983

In section 21(3) (patients absent without leave) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.

Section 41 Mental Health Act 1983

In section 41(3)(b) (power of higher courts to restrict discharge from hospital) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.