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

• Citation: S.I. 2010/40
• Sections: 16

Section 1 Citation, commencement and interpretation

This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2010.

Section 2 Citation, commencement and interpretation

Articles 7, 11, 12, 13 and 15 of this Order come into force on 15 February 2010.

Section 3 Citation, commencement and interpretation

Articles 10 and 14 of this Order come into force on 6 April 2010.

Section 4 Citation, commencement and interpretation

Subject to articles 2 and 3 of this Order, this Order comes into force on 18 January 2010.

Section 5 Citation, commencement and interpretation

A reference to an article by number is a reference to that article in the First-Tier Tribunal and Upper Tribunal (Chambers) Order 2008 .

Section 6 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 7 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

After article 2(e) insert—

(f) the Immigration and Asylum Chamber.

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

In article 3 (functions of the Social Entitlement Chamber)—

(a) in paragraph (c)—

(i) after “pregnancy grant,” insert “and”; and

(ii) omit “and child trust funds”; and

(b) after paragraph (c) insert—

(ca) 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 ;

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

Section 9 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 5 (functions of the Health, Education and Social Care Chamber)—

(a) in paragraph (d) before “provision” insert “the”; and

(b) after paragraph (d) insert—

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

Section 10 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 5A (functions of the Tax Chamber) for “Finance and Tax” substitute “Tax and Chancery”.

Section 11 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

After article 5B (functions of the General Regulatory Chamber) insert—

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

(5C) To the Immigration and Asylum Chamber of the First-tier Tribunal are assigned all functions relating to immigration and asylum matters, except for matters assigned to —

(a) the Social Entitlement Chamber by article 3(a); and

(b) the General Regulatory Chamber by article 5B(a).

Section 12 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

After article 6(c) (Upper Tribunal chambers) insert—

(d) the Immigration and Asylum Chamber of the Upper Tribunal.

Section 13 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

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

(a) in paragraph (a)(i), after “article 8(1)(a)” insert “or the Immigration and Asylum Chamber of the Upper Tribunal by article 9A(a)”; and

(b) in paragraph (c), after “article 8(1)(d)” insert “or the Immigration and Asylum Chamber of the Upper Tribunal by article 9A(b)” .

Section 14 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

In article 8(1) (functions of the Tax and Chancery Chamber)—

(a) after paragraph (a) insert—

(aa) a reference or appeal in respect of —

(i) a decision of the Financial Services Authority;

(ii) a decision of the Bank of England; or

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

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

(b) in sub-paragraph (e)(iv) after “Charity Commission” insert “, or one of the bodies mentioned in paragraph (aa) or (ab)”.

Section 15 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

After article 9 insert—

Functions of the Immigration and Asylum Chamber of the Upper Tribunal

(9A) To the Immigration and Asylum Chamber of the Upper Tribunal are assigned all functions relating to—

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

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

Section 16 Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008

After article 10 (resolution of doubt or dispute as to chamber) insert—

Re-allocation of a case to another chamber

(11)

(1) Subject to paragraph (2), the Chamber President of the chamber to which a case has been assigned or allocated by or under this Order may allocate that case to another chamber within the same tribunal, by giving a direction to that effect.

(2) A Chamber President may give a direction under paragraph (1) only if the Chamber President of the chamber to which the case is to be allocated has first consented to the giving of the direction.

(3) A direction under paragraph (1) may be given at any point in the proceedings.