The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 3) Order 2009

• Citation: S.I. 2009/1590
• Sections: 8

Section 1 Citation and commencement

This order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 3) Order 2009 and comes into force on 1st September 2009.

Section 2 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 is amended as follows.

Section 3 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 2 (First-tier Tribunal Chambers) after paragraph (d) insert—

(e) the General Regulatory Chamber.

Section 4 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 3(c) (functions of the Social Entitlement Chamber) before sub-paragraph (i) insert—

(ai) appeals under section 11 of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (appeals against decisions of Her Majesty’s Revenue and Customs);

Section 5 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

After article 5A (functions of the Tax Chamber) insert—

Functions of the General Regulatory Chamber

(5B) To the General Regulatory Chamber are assigned all functions relating to—

(a) proceedings in respect of the decisions and actions of regulatory bodies which are not assigned to the Health, Education and Social Care Chamber by article 5;

(b) matters referred to the First-tier Tribunal under Schedule 1D to the Charities Act 1993 ; and

(c) the determination of remuneration for carrying mail-bags in a ship or aircraft.

Section 6 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 6 (Upper Tribunal Chambers) for paragraph (b) substitute—

(b) the Tax and Chancery Chamber;

Section 7 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 7 (functions of the Administrative Appeals Chamber)—

(a) in paragraph (a)(i) for “decisions made in the Tax Chamber” substitute “an appeal assigned to the Tax and Chancery Chamber by article 8(1)(a)”;

(b) after paragraph (a)(vi) insert—

(vii) against a decision of the Information Commissioner transferred to the Upper Tribunal from the First-tier Tribunal under Tribunal Procedure Rules;

(viii) against a decision of a traffic commissioner.

(c) in paragraph (b) after “an application” insert “, except an application assigned to the Tax and Chancery Chamber by article 8(1)(e), for the Upper Tribunal”;

(d) in paragraph (c) for “unless the reference is made by the Tax Chamber” substitute “except where the reference is assigned to the Tax and Chancery Chamber by article 8(1)(d)”; and

(e) after paragraph (c) insert—

(d) a determination or decision under section 4 of the Forfeiture Act 1982 .

Section 8 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

For article 8 (functions of the Finance and Tax Chamber) substitute—

Functions of the Tax and Chancery Chamber

(8)

(1) To the Tax and Chancery Chamber are assigned all functions relating to—

(a) an appeal against a decision of the First-tier Tribunal made—

(i) in the Tax Chamber; or

(ii) in a charities case;

(b) an application under paragraph 50(1)(d) of Schedule 36 to the Finance Act 2008 ;

(c) proceedings transferred to the Upper Tribunal under Tribunal Procedure Rules—

(i) from the Tax Chamber of the First-tier Tribunal; or

(ii) from the First-tier Tribunal in a charities case;

(d) a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007—

(i) by the Tax Chamber of the First-tier Tribunal; or

(ii) by the First-tier Tribunal in a charities case;

(e) an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), or to exercise the powers of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which relates to—

(i) a decision of the First-tier Tribunal mentioned in paragraph (a)(i) or (ii);

(ii) a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs, with the exception of any function in respect of which an appeal would be allocated to the Social Entitlement Chamber by article 3;

(iii) the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 ), with the exception of any function in relation to which an appeal would be allocated to the Social Entitlement Chamber by article 3;

(iv) a function of the Charity Commission.

(2) In this article “a charities case” means an appeal or application in respect of a decision, order or direction of the Charity Commission, or a reference under Schedule 1D of the Charities Act 1993.