The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009

• Citation: S.I. 2009/1836
• Sections: 14

Section 1 Citation and commencement

(1) This Order may be cited as the Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 and, subject to paragraph (2), comes into force on 1st September 2009.

(2) Article 4 comes into force on the day after the day on which this instrument is made.

Section 2 Transfer of function

The function of the Secretary of State to decide appeals under section 7(1) of the Estate Agents Act 1979 is transferred to the First-tier Tribunal.

Section 3 Transfer of persons into the First-tier Tribunal and the Upper Tribunal

A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

Section 4 Addition 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 entry at the appropriate place—

Section 5 Consequential and transitional provisions

(1) Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.

(2) Schedule 2 contains repeals and revocations as a consequence of the amendments in Schedule 1.

(3) Schedule 3 contains transitional and saving provisions.

Section 1 Parliamentary Commissioner Act 1967

In Schedule 4 to the Parliamentary Commissioner Act 1967 (relevant tribunals for the purposes of section 5(7)) omit the entry relating to persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981.

Section 2 Estate Agents Act 1979

The Estate Agents Act 1979 is amended as follows.

Section 3 Estate Agents Act 1979

In section 7 (appeals)—

(a) in subsection (1) for “Secretary of State” substitute “First-tier Tribunal”;

(b) in subsection (2)—

(i) for “Secretary of State” substitute “First-tier Tribunal”;

(ii) for “he” substitute “it”; and

(iii) omit the words from “, including” to the end; and

(c) omit subsections (3) to (6).

Section 1 Transitional and saving provisions

Any proceedings before the Secretary of State to decide an appeal under section 7(1) of the Estate Agents Act 1979 which are pending immediately before 1st September 2009 shall continue on and after 1st September 2009 as proceedings before the First-tier Tribunal.

Section 2 Transitional and saving provisions

(1) The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal by virtue of paragraph 1.

(2) Where a hearing began before 1st September 2009 but was not completed by that date, the First-tier Tribunal must be comprised for the continuation of that hearing of the person or persons appointed by the Secretary of State to hear the appeal on his behalf.

(3) The First-tier Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—

(a) apply any provision regulating practice or procedure which applied to the proceedings before 1st September 2009; or

(b) disapply provisions of Tribunal Procedure Rules.

(4) Any direction or order given or made in proceedings which is in force immediately before 1st September 2009 remains in force on and after that date as if it were a direction or order of the First-tier Tribunal.

(5) A time period which has started to run before 1st September 2009 and which has not expired shall continue to apply.

(6) An order for costs may only be made if, and to the extent that, an order could have been made before 1st September 2009.

Section 3 Transitional and saving provisions

Where an appeal lies to a court from any decision made by the Secretary of State on an appeal under section 7(1) of the Estate Agents Act 1979 before 1st September 2009, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st September 2009, section 11 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal to Upper Tribunal) shall apply as if the decision were a decision made on or after 1st September 2009 by the First-tier Tribunal, and any reference to the Secretary of State in respect of the function of deciding appeals under section 7(1) of the Estate Agents Act 1979, or to any person by whom such appeals are to be heard on behalf of the Secretary of State, in an enactment relating to such an appeal, express or otherwise, is to be taken as a reference to the First-tier Tribunal.

Section 4 Transitional and saving provisions

Any case to be remitted by a court on or after 1st September 2009 and which, if it had been remitted before 1st September 2009, would have been remitted to the Secretary of State shall be remitted to the First-tier Tribunal.

Section 5 Transitional and saving provisions

Staff appointed in relation to the administration of appeals under section 7(1) of the Estate Agents Act 1979 before 1st September 2009 are to be treated on and after that date, for the purpose of any enactment, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services).

Section 6 Transitional and saving provisions

A decision made by the Secretary of State on an appeal under section 7(1) of the Estate Agents Act 1979 before 1st September 2009 is to be treated as a decision of the First-tier Tribunal on or after 1st September 2009.