The Transfer of Tribunal Functions Order 2013

• Citation: S.I. 2013/1036
• Sections: 330

Section 1 Citation and commencement

This Order may be cited as the Transfer of Tribunal Functions Order 2013 and comes into force on 1st July 2013.

Section 2 Transfer of functions and abolition of tribunals

(1) The functions of rent assessment committees for areas in England are transferred to the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules in relation to any particular case, the Upper Tribunal.

(2) Rent assessment committees for areas in England are abolished.

Section 3 Transfer of functions and abolition of tribunals

(1) The functions of Agricultural Land Tribunals for areas in England are transferred to the First-tier Tribunal.

(2) Agricultural Land Tribunals for areas in England are abolished.

Section 4 Transfer of functions and abolition of tribunals

(1) The functions of the Adjudicator to Her Majesty’s Land Registry are transferred to the First-tier Tribunal.

(2) The Adjudicator to Her Majesty’s Land Registry is abolished.

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

A person who, immediately before 1st July 2013, 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.

Column (1)

Office held

Column (2)

Office to be held

Section 6 Consequential, transitional and saving provisions

(1) Schedule 1 contains consequential amendments and repeals to primary legislation as a consequence of the transfers of functions effected by this Order.

(2) Schedule 2 contains consequential amendments and revocations to secondary legislation as a consequence of the transfers of functions effected by this Order.

(3) Schedule 3 contains transitional and saving provisions.

Section 1 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

Section 2 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 22 (facilities for action on behalf of men serving abroad in proceedings as to tenancies)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2), for “a rent tribunal” substitute “an appropriate tribunal”;

(c) in subsection (3A), omit “or rent assessment committee” in both places.

Section 3 Leasehold Reform Act 1967

The Leasehold Reform Act 1967 is amended as follows.

Section 4 Leasehold Reform Act 1967

In section 9 (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (4A) , for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Section 5 Leasehold Reform Act 1967

In section 14 (obligation to grant extended lease), in subsection (2A) , for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Section 6 Leasehold Reform Act 1967

In section 21 (jurisdiction of leasehold valuation tribunals)—

(a) in the heading, omit “leasehold valuation”;

(b) in subsections (1), (1B), (2) and (2A), for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Section 7 Leasehold Reform Act 1967

In section 27 (enfranchisement where landlord cannot be found), in subsection (5)(a) , for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Section 8 Leasehold Reform Act 1967

In section 31(2)(a) (ecclesiastical property), after “a leasehold valuation tribunal” insert “, the First-tier Tribunal ”.

Section 9 Leasehold Reform Act 1967

In section 37 (interpretation of Part I), after subsection (1)(a) insert—

(aa) “the appropriate tribunal” means—

(i) in relation to a house and premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(ii) in relation to a house and premises in Wales, a leasehold valuation tribunal;

Section 10 Leasehold Reform Act 1967

In Schedule 1 (enfranchisement and extension by sub-tenants), in paragraph 5(3) , for “a leasehold valuation tribunal”, in both places, substitute “the appropriate tribunal”.

Section 11 Leasehold Reform Act 1967

In Schedule 2 (provisions supplementary to sections 17 and 18 of this Act), in paragraph 2(2) , for “a leasehold valuation tribunal” substitute “the appropriate tribunal”.

Section 12 Rent Act 1977

The Rent Act 1977 is amended as follows.

Section 13 Rent Act 1977

In section 65 (rent assessment committees), after “committees” insert “for Wales”.

Section 14 Rent Act 1977

After section 65, insert—

Right of appeal from a rent assessment committee

(65A)

(1) An appeal on any point of law from a decision of a rent assessment committee constituted under Schedule 10 to this Act may be made to the Upper Tribunal.

(2) Subsection (1) does not apply where the rent assessment committee is exercising functions of a leasehold valuation tribunal or a residential property tribunal.

Section 15 Rent Act 1977

In section 71 (amount to be registered as rent), in subsection (4), for “rent assessment committee” substitute “appropriate tribunal”.

Section 16 Rent Act 1977

In section 72 (effect of registration of rent)—

(a) for subsection (1)(b) substitute—

(b) if the rent is determined by the appropriate tribunal, from the date when the tribunal make their decision.

(b) for subsection (2)(b) substitute—

(b) if it is made by the appropriate tribunal, from the date when the tribunal make their decision.

Section 17 Rent Act 1977

In section 72A (amounts attributable to services)—

(a) for “rent assessment committee” substitute “appropriate tribunal”, and

(b) for “committee” substitute “tribunal”.

Section 18 Rent Act 1977

In section 75 (interpretation of Part IV), insert the following definition in the appropriate alphabetical place—

“appropriate tribunal” means—

in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

in relation to a dwelling-house in Wales, a rent assessment committee.

Section 19 Rent Act 1977

In section 77 (reference of contracts to rent tribunals and obtaining by them of information)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “rent” substitute “appropriate”;

(c) in subsection (2), for “a rent” substitute “the appropriate”.

Section 20 Rent Act 1977

In section 78 (powers of rent tribunals on reference of contracts)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(c) in subsection (3), for “rent tribunal” substitute “appropriate tribunal”.

Section 21 Rent Act 1977

In section 79 (register of rents under restricted contracts)—

(a) in the heading, after “contracts” insert “relating to dwellings in Wales”

(b) in subsection (1), for “every” substitute “the”;

(c) in subsection (2)(c), for “rent tribunal” substitute “rent assessment committee”;

(d) in subsection (5), omit “concerned”.

Section 22 Rent Act 1977

After section 79 (register of rents under restricted contracts) insert—

Register of rents under restricted contracts relating to dwellings in England

(79A)

(1) The Chamber President of the Property Chamber of the First-tier Tribunal shall prepare and keep up to date a register for the purposes of this Part of this Act and shall make the register available for inspection in such place or places and in such manner as the Lord Chancellor may direct.

(2) The register shall be so prepared and kept up to date as to contain, with regard to any contract relating to a dwelling in England and under which a rent is payable which has been approved, reduced or increased under section 78 of this Act, entries of—

(a) the prescribed particulars with regard to the contract;

(b) a specification of the dwelling to which the contract relates; and

(c) the rent as approved, reduced or increased by the First-tier Tribunal or the Upper Tribunal, and in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of that period.

(3) Where any rates in respect of a dwelling are borne by the lessor or any person having any title superior to that of the lessor, the amount to be entered in the register under this section as the rent payable for the dwelling shall be the same as if the rates were not so borne; but the fact that they are so borne shall be noted in the register.

(4) The amount to be entered in the register under this section as the rent payable for a dwelling shall include any sums payable by the lessee to the lessor in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the dwelling or are payable under separate agreements.

(5) A copy of an entry in the register certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President of the Property Chamber of the First-tier Tribunal shall be receivable in evidence in any court and in any proceedings.

(6) A person requiring such a certified copy shall be entitled to obtain it on payment of such fee as may specified by order made by the Lord Chancellor.

(7) The power to make an order under subsection (6) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 23 Rent Act 1977

In section 80 (reconsideration of rent after registration)—

(a) in subsection (1)—

(i) after “entered in the register under section 79” insert “or 79A”;

(ii) for “rent” in the second place, substitute “appropriate”;

(b) in subsection (2)—

(i) after “section 79” insert “or 79A”;

(ii) for “a rent tribunal” substitute “the appropriate tribunal”.

Section 24 Rent Act 1977

In section 81 (effect of registration of rent)—

(a) in subsection (1), after “under section 79” insert “or 79A”;

(b) in subsection (2) after “section 79” insert “or 79A”.

Section 25 Rent Act 1977

In section 81A (cancellation of registration of rent)—

(a) in subsection (1)—

(i) after “section 79” insert “or 79A”;

(ii) for “rent tribunal” substitute “appropriate tribunal”;

(b) in subsection (4) for “rent” substitute “appropriate”.

Section 26 Rent Act 1977

In section 82 (jurisdiction of rent tribunals)—

(a) in the heading, omit “rent”;

(b) for “a rent tribunal” substitute “the appropriate tribunal”;

(c) for “the rent tribunal” substitute “the tribunal”.

Section 27 Rent Act 1977

In section 85 (interpretation of Part V)—

(a) in subsection (1), insert the following definition in the appropriate alphabetical place—

“appropriate tribunal” means—

in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

in relation to a dwelling in Wales, a rent assessment committee;

(b) in the definition of “register”—

(i) omit “by the president of the rent assessment panel concerned”;

(ii) after “section 79” insert “or 79A”;

(c) omit the definition relating to “rent tribunal”;

(d) in subsection (4), after “section 79(3)” insert “, 79A(3)”.

Section 28 Rent Act 1977

In section 103 (notice to quit served after reference of contract to rent tribunal)—

(a) in the heading, omit “rent”;

(b) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(c) in subsection (2)(a) and (b), for “the rent tribunal” substitute “the appropriate tribunal”.

Section 29 Rent Act 1977

In section 104 (application to tribunal for security of tenure where notice to quit is served)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsections (1), (3), (4) and (5), for “the rent tribunal”, in each place, substitute “the appropriate tribunal”.

Section 30 Rent Act 1977

In section 106 (reduction of period of notice on account of lessee’s default)—

(a) in subsection (1), for “a rent tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2), for “the rent tribunal” in both places, substitute “the appropriate tribunal”.

Section 31 Rent Act 1977

In section 107 (interpretation of Part VI) insert the following definition in the appropriate alphabetical order—

“appropriate tribunal” means—

in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

in relation to a dwelling in Wales, a rent assessment committee;

Section 32 Rent Act 1977

In section 122 (prohibition of premiums on grant or assignment of rights under restricted contracts)—

(a) in subsection (1)(a), after “79” insert “or 79A”;

(b) in subsection (1)(b), for “rent tribunal” substitute “appropriate tribunal”.

Section 33 Rent Act 1977

In Schedule 10 (rent assessment committees)—

(a) for paragraphs 1 and 2 substitute—

(1) The Welsh Ministers shall draw up and from time to time revise a panel of persons to act as chairmen and other members of rent assessment committees in Wales.

(2) The panel shall consist of a number of persons appointed by the Lord Chancellor and a number of persons appointed by the Welsh Ministers.

(b) in paragraph 2A, for “any panel” substitute “the panel”;

(c) in paragraph 3, for “Secretary of State” substitute “Welsh Ministers”;

(d) in paragraph 4—

(i) for “to act for an area” substitute “in Wales”, and

(ii) omit “formed for that area”;

(e) in paragraph 5, for “paragraphs 6” substitute “paragraphs 5A, 6”;

(f) after paragraph 5 insert—

(5A) A member of the First-tier Tribunal may, at the request of the president or vice-president of the panel and with the approval of the Senior President of Tribunals, act as a member of a rent assessment committee in Wales.

(g) in paragraph 7—

(i) for “of panels” substitute “of the panel”;

(ii) for “Secretary of State” substitute “Welsh Ministers”;

(h) in paragraph 7A—

(i) for “Secretary of State” substitute “Welsh Ministers”;

(ii) for “a panel” substitute “the panel”;

(i) in paragraph 8, for “Secretary of State” in both places, substitute “Welsh Ministers”;

(j) in paragraph 9—

(i) in sub-paragraph (a), for “panels” substitute “the panel”

(ii) for sub-paragraph (c) substitute “such other expenses of the panel as the Welsh Ministers may determine”.

Section 34 Rent Act 1977

In Schedule 11 (applications for registration of rent)—

(a) in paragraphs 5A and 6(1), in each place, for “a rent assessment committee” substitute “the appropriate tribunal”;

(b) in paragraph 7(1), for “The rent assessment committee” substitute “A rent assessment committee”;

(c) after paragraph 8 insert—

(8A) A rent assessment committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph 7 or paragraph 8 above.

(d) for paragraph 9, substitute—

Outcome of determination of fair rent by appropriate tribunal

(9)

(1) The appropriate tribunal shall—

(a) if it appears to them that the rent registered or confirmed by the rent officer is a fair rent, confirm that rent;

(b) if it does not appear to them that that rent is a fair rent, determine a fair rent for the dwelling house.

(2) Where the tribunal confirm or determine a rent under this paragraph they shall notify the landlord, the tenant and the rent officer of the tribunal’s decision and of the date on which it was made.

(3) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the appropriate tribunal as the rent for the dwelling-house.

(e) in paragraph 9B(b), for “committee” substitute “appropriate tribunal”.

Section 35 Protection from Eviction Act 1977

In the Protection from Eviction Act 1977 , in section 8(6)(a) (interpretation), omit “rent”, where that word appears before “tribunal”.

Section 36 Housing Act 1980

The Housing Act 1980 is amended as follows.

Section 37 Housing Act 1980

Omit section 72 (function of rent tribunals).

Section 38 Housing Act 1980

In section 142 (leasehold valuation tribunals), omit subsection (1).

Section 39 Mobile Homes Act 1983

In the Mobile Homes Act 1983 , in section 5(1) (interpretation), for the definition of “a tribunal”, substitute—

“a tribunal” means, where the parties have entered into an arbitration agreement that applies to the question to be determined and that question arose before the agreement was made, the arbitrator; or, in other cases—

in relation to England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper; and

in relation to Wales, a residential property tribunal

Section 40 Housing Act 1985

The Housing Act 1985 is amended as follows.

Section 41 Housing Act 1985

In section 269 (right of appeal against order), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.

Section 42 Housing Act 1985

In section 269A (appeals suggesting certain other courses of action), in subsection (3)(a), for “a residential property tribunal” substitute “the appropriate tribunal”.

Section 43 Housing Act 1985

In section 272 (demolition orders: expenses of local housing authority, etc)—

(a) in subsections (2)(a) and (5), for “a residential property tribunal” substitute “the appropriate tribunal”;

(b) in subsection (2)(b), for “such a” substitute “the appropriate”.

Section 44 Housing Act 1985

In section 317 (power of court to determine lease where premises demolished), in subsection (1), for “a residential property tribunal” substitute “the appropriate tribunal”.