The Transfer of Tribunal Functions Order 2008 No.

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Articles 3, 4 and 5

SCHEDULE 1 Functions transferred to the First-tier Tribunal and Upper Tribunal

Table 1: Functions transferred to the First-tier Tribunal

*Tribunal*	*Enactment*
Adjudicator	Section 5 of the Criminal Injuries Compensation Act 1995 (c.53)
Appeal tribunal	Chapter 1 of Part 1 of the Social Security Act 1998 (c.14)
Asylum Support Adjudicators	Section 102 of the Immigration and Asylum Act 1999 (c.33)
Mental Health Review Tribunal for a region of England	Section 65(1) and (1A)(a) of the Mental Health Act 1983 (c.20)
Pensions Appeal Tribunal in England and Wales	Section 8(2) of the War Pensions (Administrative Provisions) Act 1919 (c.53) and paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)
Special Educational Needs and Disability Tribunal	Section 28H of the Disability Discrimination Act 1995 (c.50) and section 333 of the Education Act 1996 (c.56) and
Tribunal, except in respect of its functions under section 4 of the Safeguarding Vulnerable Groups Act 2006 (c.47)	Section 9 of the Protection of Children Act 1999 (c.14)

Table 2: Functions transferred to the Upper Tribunal

*Tribunal*	*Enactment*
Child Support Commissioner	Section 22 of the Child Support Act 1991 (c.48)
Social Security Commissioner	Schedule 4 to the Social Security Act 1998 (c.14)
Tribunal, in respect of its functions under section 4 of the Safeguarding Vulnerable Groups Act 2006 (c.47)	Section 9 of the Protection of Children Act 1999 (c.14)

Article 5

SCHEDULE 2 Persons transferred as judges and members of the First-tier Tribunal and Upper Tribunal

Table 1: Members becoming transferred-in judges of the First-tier Tribunal

*Tribunal Member*	*Enactment*
A legal member of the Criminal Injuries Compensation Appeals Panel	Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes
A legally qualified panel member	Section 6 of the Social Security Act 1998 (c.14)
The Deputy Chief Asylum Support Adjudicator or an adjudicator	Section 102 of and paragraph 1(a) and (c) of Schedule 10 to the Immigration and Asylum Act 1999 (c.33)
A legal member	Paragraph 1(a) of Schedule 2 to the Mental Health Act 1983 (c.20)
The Deputy President of Pensions Appeal Tribunals or a legally qualified member	Paragraphs 2A(1)(a) and 2B(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)
A member of the chairmen’s panel	Section 333(2)(b) of the Education Act 1996 (c.56)
A member of the chairmen’s panel	Paragraph 1(1)(a) of the Schedule to the Protection of Children Act 1999 (c.14)

Table 2: Members becoming transferred-in other members of the First-tier Tribunal

*Tribunal Member*	*Enactment*
A member of the Criminal Injuries Compensation Appeals Panel other than the Chairman or a legal member	Section 5 of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes
A financially qualified panel member, a medically qualified panel member or a panel member with a disability qualification	Section 6 of the Social Security Act 1998 (c.14)
A medical member or other member	Paragraph 1(b) or (c) of Schedule 2 to the Mental Health Act 1983 (c.20)
A medically qualified member, a member with knowledge or experience of service, or other member	Paragraph 2A(1)(b), (c) or (d) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)
A member of the lay panel	Section 333(2)(c) of the Education Act 1996 (c.56)
A member of the lay panel, other than a member in Table 5	Paragraph 1(1)(c) of the Schedule to the Protection of Children Act 1999 (c.14)

Table 3: Members becoming transferred-in judges of the First-tier Tribunal and deputy judges of the Upper Tribunal

*Tribunal Member*	*Enactment*
The Chairman	Section 5(3)(b) of the Criminal Injuries Compensation Act 1995 (c.53) and the Criminal Injuries Compensation Schemes
The President	Section 5 of the Social Security Act 1998 (c.14)
The Chief Asylum Support Adjudicator	Section 102 of and paragraph 1(b) of Schedule 10 to the Immigration and Asylum Act 1999 (c.33)
A chairman of a Mental Health Review Tribunal	Paragraph 3 of Schedule 2 to the Mental Health Act 1983 (c.20)
A President of Pensions Appeal Tribunals	Paragraph 2B(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c.39)
A President	Section 333(2)(a) of the Education Act 1996 (c.56)
The President	Paragraph 1(1)(a) of the Schedule to the Protection of Children Act 1999 (c.14)
The Deputy President	Appointed as a member of the chairmen’s panel under paragraph 1(1)(b) of the Schedule to the Protection of Children Act 1999 (c.14) and also appointed as deputy president of the Tribunal
A deputy Child Support Commissioner	Paragraph 4 of Schedule 4 to the Child Support Act 1991 (c.48)
A deputy Commissioner	Paragraph 1(2) of Schedule 4 to the Social Security Act 1998 (c.14)

Table 4: Members becoming transferred-in judges of the Upper Tribunal

*Tribunal Member*	*Enactment*
The Chief Child Support Commissioner or a Child Support Commissioner	Section 22 of the Child Support Act 1991 (c.48)
The Chief Social Security Commissioner or a Social Security Commissioner	Paragraph 1 of Schedule 4 to the Social Security Act 1998 (c.14)

Table 5: Members becoming transferred-in other members of the Upper Tribunal

*Tribunal Member*	*Enactment*
A member of the lay panel who was appointed on the ground that the member satisfied the requirements referred to in regulation 41(1) of the Protection of Children Act Tribunal Regulations 2000 (S.I. 2000/2619) or regulation 3(1)(a) or (b) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (S.I. 2002/816)	Paragraph 1(1)(c) of the Schedule to the Protection of Children Act 1999 (c.14)

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