The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010

• Citation: S.I. 2010/2655
• Sections: 16

Section 1 Citation, commencement and revocations

(1) This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 and comes into force on 29th November 2010.

(2) The Orders listed in the first column of the Schedule to this Order are revoked to the extent specified in the second column.

Section 2 First-tier Tribunal Chambers

The First-tier Tribunal shall be organised into the following chambers—

(a) the General Regulatory Chamber;

(b) the Health, Education and Social Care Chamber;

(c) the Immigration and Asylum Chamber;

(cc) the Property Chamber;

(d) the Social Entitlement Chamber;

(e) the Tax Chamber;

(f) the War Pensions and Armed Forces Compensation Chamber.

Section 3 Functions of the General Regulatory Chamber

To the General Regulatory Chamber are allocated all functions related to—

(a) proceedings in respect of the decisions and actions of regulatory bodies which are not allocated to the Health, Education and Social Care Chamber by article 4 , to the Property Chamber by article 5A or to the Tax Chamber by article 7;

(b) an application under section 324A of the Charities Act 2011 (power to authorise costs) or matters referred to the First-tier Tribunal under section 325 or 326 of that Act (references to Tribunal);

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

Section 4 Functions of the Health, Education and Social Care Chamber

To the Health, Education and Social Care Chamber are allocated all functions related to—

(a) an appeal against a decision related to children with special educational needs;

(b) a claim of disability discrimination in the education of a child;

(c) an application or an appeal against a decision or determination related to work with children or vulnerable adults;

(d) an appeal against a decision related to registration in respect of the provision of health or social care;

(e) an application in respect of, or an appeal against a decision related to, the provision of health care or health services;

(f) an appeal against a decision related to registration in respect of social workers and social care workers;

(g) an appeal against a decision related to the provision of childcare;

(h) an appeal against a decision related to an independent school or other independent educational institution;

(i) applications and references by and in respect of patients under the provisions of the Mental Health Act 1983 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 ;

(j) an appeal in relation to a decision to impose a financial penalty for breach of an adult social care information provision.

Section 5 Functions of the Immigration and Asylum Chamber of the First-tier Tribunal

To the Immigration and Asylum Chamber of the First-tier Tribunal are allocated all functions related to immigration and asylum matters, with the exception of matters allocated to—

(a) the Social Entitlement Chamber by article 6(a);

(b) the General Regulatory Chamber by article 3(a).

Section 5A Functions of the Property Chamber

To the Property Chamber are allocated all functions conferred on the First-tier Tribunal relating to—

(a) a reference by the Chief Land Registrar and any other application, matter or appeal under the Land Registration Act 2002;

(b) proceedings under any of the enactments referred to in section 6A(2) of the Agriculture (Miscellaneous Provisions) Act 1954 or the Hill Farming Act 1946;

(c) housing etc , under the Housing Act 2004;

(d) leasehold property;

(e) residential property;

(f) rents;

(g) the right to buy;

(h) proceedings relating to mobile homes and caravan sites ;

(i) proceedings for approval by the First-tier Tribunal of the exercise of a power of entry, made under paragraph 6B of Schedule 9 to the Local Government Finance Act 1988 or under section 25A of the Local Government Finance Act 1992.

(j) proceedings under Schedule 3A to the Communications Act 2003 (the Electronic Communications Code);

(k) proceedings under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

Section 6 Functions of the Social Entitlement Chamber

To the Social Entitlement Chamber are allocated all functions related to appeals—

(a) in cases regarding support for asylum seekers, failed asylum seekers, persons designated under section 130 of the Criminal Justice and Immigration Act 2008 , or the dependants of any such persons;

(b) in criminal injuries compensation cases;

(c) regarding entitlement to, payments of, or recovery or recoupment of payments of, social security benefits, child support, vaccine damage payments, health in pregnancy grant and tax credits, with the exception of—

(i) 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);

(ii) appeals in respect of employer penalties or employer information penalties (as defined in section 63(11) and (12) of the Tax Credits Act 2002 );

(iii) appeals under regulation 28(3) of the Child Trust Funds Regulations 2004 ;

(d) regarding saving gateway accounts with the exception of appeals against requirements to account for an amount under regulations made under section 14 of the Saving Gateway Accounts Act 2009 ;

(e) regarding child trust funds with the exception of appeals against requirements to account for an amount under regulations made under section 22(4) of the Child Trust Funds Act 2004 in relation to section 13 of that Act;

(ea) appealable decisions within the meaning of section 56(3) of the Childcare Payments Act 2014;

(eb) under the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 ;

(f) regarding payments in consequence of diffuse mesothelioma;

(g) regarding a certificate or waiver decision in relation to NHS charges;

(h) regarding entitlement to be credited with earnings or contributions;

(i) against a decision as to whether an accident was an industrial accident;

(j) regarding payments under a scheme established under section 49(1) of the Victims and Prisoners Act 2024.

Section 7 Functions of the Tax Chamber

To the Tax Chamber are allocated all functions, except those functions allocated to the Social Entitlement Chamber by article 6 or to the Tax and Chancery Chamber of the Upper Tribunal by article 13, related to an appeal, application, reference or other proceeding in respect of—

(a) a function of the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs;

(b) 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 );

(c) the exercise by the Director of Border Revenue of functions under section 7 of the Borders, Citizenship and Revenue Act 2009 ;

(d) a function of the Compliance Officer for the Independent Parliamentary Standards Authority.

(e) a function of the Welsh Revenue Authority.

(f) the exercise by the Gambling Commission of functions under Part 3 of the Finance Act 2022 (economic crime (anti-money laundering) levy) .

Section 8 Functions of the War Pensions and Armed Forces Compensation Chamber

To the War Pensions and Armed Forces Compensation Chamber are allocated all functions related to appeals under the War Pensions (Administrative Provisions) Act 1919 and the Pensions Appeal Tribunals Act 1943 .

Section 9 Upper Tribunal Chambers

The Upper Tribunal shall be organised into the following chambers—

(a) the Administrative Appeals Chamber;

(b) the Immigration and Asylum Chamber of the Upper Tribunal;

(c) the Lands Chamber;

(d) the Tax and Chancery Chamber.

Section 10 Functions of the Administrative Appeals Chamber

To the Administrative Appeals Chamber are allocated all functions related to—

(a) an appeal—

(i) against a decision made by the First-tier Tribunal, except an appeal allocated to the Tax and Chancery Chamber by article 13(a) or the Immigration and Asylum Chamber of the Upper Tribunal by article 11(a);

(ii) under section 5 of the Pensions Appeal Tribunals Act 1943 (appeals against assessment of extent of disablement) against a decision of the Pensions Appeal Tribunal in Northern Ireland established under paragraph 1(3) of the Schedule to the Pensions Appeal Tribunals Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) ;

(iii) against a decision of the Pensions Appeal Tribunal in Scotland established under paragraph 1(2) of the Schedule to the Pensions Appeal Tribunals Act 1943;

(iv) against a decision of the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (Mental Health Review Tribunals);

(v) against a decision of the Special Educational Needs Tribunal for Wales;

(vi) under section 4 of the Safeguarding Vulnerable Groups Act 2006 (appeals);

(vii) transferred to the Upper Tribunal from the First-tier Tribunal under Tribunal Procedure Rules, except an appeal allocated to the Tax and Chancery Chamber by article 13(1)(e);

(viii) against a decision in a road transport case;

(b) an application, except an application allocated to another chamber by article 11(c) , (d) or (e) , 12(c) or 13(g), for the Upper Tribunal—

(i) to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal's “judicial review” jurisdiction);

(ii) to exercise the powers of review under section 21(2) of that Act (Upper Tribunal's “judicial review” jurisdiction: Scotland);

(c) a matter referred to the Upper Tribunal by the First-tier Tribunal—

(i) under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal), or

(ii) under Tribunal Procedure Rules relating to non-compliance with a requirement of the First-tier Tribunal,

except where the reference is allocated to another chamber by article 11(b) or 13(f);

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

(e) proceedings, or a preliminary issue, transferred under Tribunal Procedure Rules to the Upper Tribunal from the First-tier Tribunal, except those allocated to the Lands Chamber by article 12(cc) or to the Tax and Chancery Chamber by article 13(1)(e).

Section 11 Functions of the Immigration and Asylum Chamber of the Upper Tribunal

To the Immigration and Asylum Chamber of the Upper Tribunal are allocated all functions related to—

(a) an appeal against a decision of the First-tier Tribunal made in the Immigration and Asylum Chamber of the First-tier Tribunal;

(b) a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 or under Tribunal Procedure Rules by the Immigration and Asylum Chamber of the First-tier Tribunal;

(c) an application for the Upper Tribunal to grant relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), or to exercise the power of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which is made by a person who claims to be a minor from outside the United Kingdom challenging a defendant’s assessment of that person’s age;

(d) an application for the Upper Tribunal to exercise the powers of review under section 21(2) of the Tribunals, Court and Enforcement Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which relates to a decision of the First-tier Tribunal mentioned in paragraph (a);

(e) an application for the Upper Tribunal to grant relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), which is designated as an immigration matter—

(i) in a direction made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 specifying a class of case for the purposes of section 18(6) of the Tribunals, Courts and Enforcement Act 2007; or

(ii) in an order of the High Court in England and Wales made under section 31A(3) of the Senior Courts Act 1981, transferring to the Upper Tribunal an application of a kind described in section 31A(1) of that Act.

Section 12 Functions of the Lands Chamber

To the Lands Chamber are allocated—

(a) all functions related to—

(i) compensation and other remedies for measures taken which affect the ownership, value, enjoyment or use of land or water, or of rights over or property in land or water;

(ii) appeals from decisions of—

(aa) the First-tier Tribunal made in the Property Chamber ...;

(ab) leasehold valuation tribunals in Wales, residential property tribunals in Wales, rent assessment committees in Wales, the Agricultural Land Tribunal in Wales or the Valuation Tribunal for Wales;

(ac) the Valuation Tribunal for England;

(iii) the determination of questions of the value of land or an interest in land arising in tax proceedings;

(iv) proceedings in respect of restrictive covenants, blight notices or the obstruction of light;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) proceedings under the Riot Compensation Act 2016.

(b) the Upper Tribunal's function as arbitrator under section 1(5) of the Lands Tribunal Act 1949 ;

(c) 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) which relates to a decision of a tribunal mentioned in sub-paragraph (a)(ii);

(cc) any case which may be transferred under Tribunal Procedure Rules to the Upper Tribunal from the Property Chamber of the First-tier Tribunal in relation to functions listed in article 5A(c) to (h) and (j) ;

(d) any other functions transferred to the Upper Tribunal by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 .

Section 13 Functions of the Tax and Chancery Chamber

(1) To the Tax and Chancery Chamber are allocated all functions related to—

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

(i) in the Tax Chamber;

(ii) in the General Regulatory Chamber in a charities case;

(b) a reference or appeal in respect of—

(i) a decision of the Financial Conduct Authority or the Prudential Regulation Authority ;

(ii) a decision of the Bank of England;

(iii) a decision of a person related to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 ;

(iv) a determination or dispute within the meaning of regulation 14(5) or 15 of the Financial Services and Management Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 ;

(ba) an appeal in respect of a decision of a Minister under section 147(4)(a) or (b) of the Policing and Crime Act 2017;

(c) a reference in respect of a decision of the Pensions Regulator;

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

(e) proceedings, or a preliminary issue, transferred to the Upper Tribunal under Tribunal Procedure Rules—

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

(ii) from the General Regulatory Chamber of the First-tier Tribunal in a charities case;

(f) a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 or under Tribunal Procedure Rules relating to non-compliance with a requirement of the First-tier Tribunal—

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

(ii) by the General Regulatory Chamber of the First-tier Tribunal in a charities case;

(g) 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 (1)(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 6;

(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 6;

(iv) a function of the Charity Commission, or one of the bodies mentioned in sub-paragraph (b) or (c) ;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) an application under section 151, 181E or 181F of the Tax Collection and Management (Wales) Act 2016.

(2) In this article “ a charities case ” means an appeal or application in respect of a decision, order or direction of the Charity Commission, an application under section 324A of the Charities Act 2011, or a reference under section 325 or 326 of that Act .

Section 14 Resolution of doubt or dispute as to chamber

If there is any doubt or dispute as to the chamber in which a particular matter is to be dealt with, the Senior President of Tribunals may allocate that matter to the chamber which appears to the Senior President of Tribunals to be most appropriate.

Section 15 Re-allocation of a case to another chamber

At any point in the proceedings, the Chamber President of the chamber to which a case or any issue in that case has been allocated by or under this Order may, with the consent of the corresponding Chamber President, allocate that case or that issue to another chamber within the same tribunal, by giving a direction to that effect.