Office of Public Sector Information

“(1) The Welsh Ministers may pay to the President, and to any other person in respect of his service as a member of the Welsh Tribunal, such remuneration and allowances as the Welsh Ministers may determine.

(2) The Welsh Ministers may defray the expenses of the Welsh Tribunal to such amount as they may determine.”

133.  In section 336 (tribunal procedure)—

(a) in subsection (1)—

(i) after “Regulations” insert “made by the Welsh Ministers”, and

(ii) before “Tribunal” insert “Welsh”;

(b) in subsection (2)—

(i) in paragraphs (b) and (o) before “Tribunal” insert “Welsh”; and

(ii) in paragraph (j) for “prescribed circumstances” substitute “circumstances prescribed in the regulations”;

(c) in subsection (2A)—

(i) before “Tribunal” insert “Welsh”; and

(ii) for “prescribed circumstances” substitute “circumstances prescribed in the regulations”;

(d) for subsection (3) substitute—

“(3) The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Welsh Tribunal as the Welsh Ministers may determine.”;

(e) in subsection (4)—

(i) before “Tribunal” insert “Welsh”; and

(ii) after “regulations” insert “made by the Welsh Ministers”;

(f) in subsection (4A)—

(i) for “The regulations” substitute “Regulations made under subsection (1)”; and

(ii) for “prescribed circumstances” substitute “circumstances prescribed in the regulations”;

(g) after subsection (5) insert—

“(5A) Any person who without reasonable excuse fails to comply with any requirement which—

(a) is imposed by Tribunal Procedure Rules in relation to appeals under this Part made to the First-Tier Tribunal, and

(b) corresponds to a requirement mentioned in subsection (5)(a) or (b),

is guilty of an offence.”; and

(h) in subsection (6) after “subsection (5)” insert “or (5A)”.

134.  Omit section 336ZA (Special Educational Needs Tribunal for Wales).

135.  After that section insert—

“Appeals from the Welsh Tribunal to the Upper Tribunal

336ZB.—(1) A party to any proceedings under this Part before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings.

(2) An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.”

136.  In section 336A(2) (compliance with orders)—

(a) in paragraph (a) for “the Special Educational Needs and Disability Tribunal” substitute “the First-tier Tribunal”; and

(b) in paragraph (b) for “the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales” substitute “the Welsh Tribunal, by the Welsh Ministers”.

Employment Tribunals Act 1996

137.  In section 16(5)(d) of the Employment Tribunals Act 1996 (power to provide for recoupment of social security benefits)(56) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”.

Social Security (Recovery of Benefits) Act 1997

138.  The Social Security (Recovery of Benefits) Act 1997(57) is amended as follows.

139.  In section 11(5) (appeals against certificates of recoverable benefits) omit paragraph (b) (but not the “and” at the end of that paragraph).

140.  In section 12 (reference of questions to medical appeal tribunal)—

(a) in the heading for “medical appeal tribunal” substitute “First-tier Tribunal”; and

(b) in subsections (1) and (4) for “an appeal tribunal” substitute “the First-tier Tribunal”.

141.  In section 13 (appeal to Social Security Commissioner)—

(a) in the heading for “Social Security Commissioner” substitute “Upper Tribunal”;

(b) omit subsection (1);

(c) in subsection (2) for “under this section” substitute “to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 which arises from any decision of the First-Tier Tribunal made under section 12 of this Act”; and

(d) omit subsection (3).

142.  In section 29 (general interpretation) omit the definitions of “appeal tribunal” and “Commissioner”.

Social Security Act 1998

143.  The Social Security Act 1998(58) is amended as follows.

144.  Omit section 4 (unified appeal tribunals).

145.  Omit section 5 (President of appeal tribunals)(59).

146.  Omit section 6 (panel for appointment to appeal tribunals).

147.  Omit section 7 (constitution of appeal tribunals).

148.  In section 10(1)(b) (decisions superseding earlier decisions) for “of an appeal tribunal or a Commissioner” substitute “of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision”.

149.  In section 12 (appeal to appeal tribunal)(60)—

(a) in the heading for “appeal tribunal” substitute “First-tier Tribunal”; and

(b) in subsections (2), (4), (5) and (8) for “an appeal tribunal” substitute “the First-tier Tribunal”.

150.  In section 13 (redetermination etc of appeals by tribunal)(61)—

(a) in subsection (1) for the words from “to a person” to the end substitute “to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 12 or this section”;

(b) omit subsection (2); and

(c) in subsection (3)—

(i) for “the person” substitute “the First-tier Tribunal”; and

(ii) for “tribunal” substitute “First-tier Tribunal”.

151.  In section 14 (appeal from tribunal to Commissioner)(62)—

(a) in the heading for “tribunal to Commissioner” substitute “First-tier Tribunal to Upper Tribunal”;

(b) omit subsection (1);

(c) in subsections (3) and (4) for “lies under this section” substitute “to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-Tier Tribunal under section 12 or 13 above lies”; and

(d) omit subsections (7) to (12).

152.  In section 15 (appeal from Commissioner on point of law)—

(a) for the heading substitute “Applications for permission to appeal against a decision of the Upper Tribunal”;

(b) omit subsections (1) and (2);

(c) in subsection (3)—

(i) for “An application for leave under this section in respect of a Commissioner’s decision” substitute “An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under section 12 or 13”;

(ii) in paragraph (a) for “Commissioner”, in both places, substitute “Upper Tribunal”;

(iii) in that paragraph for “Commissioner’s” substitute “Upper Tribunal’s”;

(iv) in paragraph (c) for “leave” substitute “permission”; and

(v) omit the words from “and regulations” to the end; and

(d) omit subsections (4) and (5).

153.  After section 15 insert—

“15A.  Functions of Senior President of Tribunals

(1) The Senior President of Tribunals shall ensure that appropriate steps are taken by the First-tier Tribunal to secure the confidentiality, in such circumstances as may be prescribed, of any prescribed material, or any prescribed classes or categories of material.

(2) Each year the Senior President of Tribunals shall make to the Secretary of State and the Child Maintenance and Enforcement Commission a written report, based on the cases coming before the First-tier Tribunal, on the standards achieved by the Secretary of State and the Child Maintenance and Enforcement Commission in the making of decisions against which an appeal lies to the First-tier Tribunal.

(3) The Lord Chancellor shall publish the report.”.

154.  In section 16 (procedure) omit subsections (2), (3)(a) (together with the “and” at the end of that paragraph) and (6) to (9).

155.  In section 17(1) (finality of decisions) after “this Chapter”, in the first place where it occurs, insert “and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

156.  In section 18(1)(a) (matters arising as respects decisions) for “, an appeal tribunal or a Commissioner” substitute “or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Chapter of the First-Tier Tribunal,”.

157.  In section 20 (medical examination required by appeal tribunal)—

(a) in subsection (2)—

(i) for “An eligible person may, if prescribed conditions” substitute “The First-tier Tribunal may, if conditions prescribed by Tribunal Procedure Rules”;

(ii) for “the eligible person” substitute “the First-tier Tribunal”;

(iii) for “an appeal tribunal” substitute “it”; and

(iv) omit the second sentence beginning “In this subsection”; and

(b) in subsection (3) for “an appeal tribunal, except in prescribed cases or circumstances,” substitute “the First-tier Tribunal, except in cases or circumstances prescribed by Tribunal Procedure Rules,”.

158.  After section 20 insert—

“20A.  Travelling and other allowances

(1) The Lord Chancellor may pay to any person required under this Part (whether for the purposes of this Part or otherwise) to attend for or to submit to medical or other examination or treatment such travelling and other allowances as the Lord Chancellor may determine.

(2) In subsection (1) the reference to travelling and other allowances includes compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which the person is in receipt of remuneration under section 28 of, or paragraph 5 of Schedule 2 to, the Tribunals, Courts and Enforcement Act 2007 (assessors and judges of First-Tier Tribunal).”.

159.  In section 21 (suspension in prescribed cases)—

(a) in subsection (2)—

(i) in paragraph (c) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and

(ii) in paragraph (d) for “a Commissioner” substitute “the Upper Tribunal”; and

(b) in subsection (3)(b) and (c) for “leave” substitute “permission”.

160.  In section 24A (appeals dependent on issues falling to be decided by Inland Revenue)(63)—

(a) in subsection (1) for “an appeal tribunal or Commissioner” substitute “the First-tier Tribunal or Upper Tribunal”; and

(b) in subsection (2)(c)(iii) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.

161.  In section 25(1)(b) (decisions involving issues that arise on appeal in other cases) for “a Commissioner” substitute “the Upper Tribunal”.

162.—(1) Section 26 (appeals involving issues that arise on appeal in other cases) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “an appeal tribunal, or from an appeal tribunal to a Commissioner” substitute “the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal”; and

(b) in paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”.

(3) In subsection (2) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.

(4) In subsection (3)(a) and (b) for “tribunal” substitute “First-tier Tribunal”.

(5) In subsection (4)—

(a) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(b) in paragraph (b) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.

(6) In subsection (5)—

(a) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(b) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.

(7) In subsection (7)(a) for “a Commissioner”, in both places, substitute “the Upper Tribunal”.

163.  In section 27 (restrictions on entitlement to benefit in certain cases of error)—

(a) in subsections (1)(a) and (10)(a) and (b) for “a Commissioner” substitute “the Upper Tribunal”; and

(b) in subsection (3) for “the Commissioner” substitute “the Upper Tribunal”.

164.  In section 28 (correction of errors and setting aside of decisions)(64)—

(a) in subsection (1)—

(i) in paragraph (a) after “decision”, in both places, insert “of the Secretary of State”; and

(ii) omit paragraph (b) (together with the “and” immediately before it);

(b) in subsection (1A) after “not include” insert “any decision of the First-tier Tribunal or”; and

(c) in subsection (2) omit “or set aside decisions”.

165.  In section 29(3) (decision that accident is an industrial accident), for “, an appeal tribunal or a Commissioner” substitute “, the First-tier Tribunal or the Upper Tribunal”.

166.  Before section 39 insert—

“39ZA.  Certificates

A document bearing a certificate which—

(a) is signed by a person authorised in that behalf by the Secretary of State, and

(b) states that the document, apart from the certificate, is a record of a decision of an officer of the Secretary of State,

shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”.

167.  In section 39(1) (interpretation etc of Chapter 2) omit the definitions of “appeal tribunal” and “Commissioner”.

168.  In section 79 (regulations and orders)—

(a) in subsection (1) for the words from the beginning to “to this Act,” substitute “Subject to subsection (2A) below,”; and

(b) omit subsections (2) and (9).

169.  In section 80 (Parliamentary control of regulations)(65)—

(a) in subsection (1)(a) omit “7, ”;

(b) in subsection (1)(b)—

(i) omit “paragraph 12 of Schedule 1,”; and

(ii) omit “or paragraph 2 of Schedule 5”; and

(c) omit subsections (3) and (4).

170.  In section 81(1) (reports by Secretary of State) for “an appeal tribunal constituted under Chapter 1 of Part 1” substitute “the First-tier Tribunal”.

171.  Omit Schedule 1 (appeal tribunals: supplementary provisions)(66).

172.  Omit Schedule 4 (Social Security Commissioners)(67).

173.  In Schedule 5 (regulations as to procedure: provision which may be made)—

(a) in paragraph 1(a) and (b) omit “, an appeal tribunal or a Commissioner”; and

(b) omit paragraphs 2 and 5 to 8.

Protection of Children Act 1999

174.  The Protection of Children Act 1999(68) is amended as follows.

175.  In section 9 (the tribunal)—

(a) omit subsection (1);

(b) in subsection (2) for the words from the beginning to “Tribunal” substitute “Tribunal Procedure Rules may make any provision within subsection (3) in relation to the proceedings of the First-tier Tribunal (“the Tribunal”)—”;

(c) for subsection (3) substitute—

“(3) The provision within this subsection is provision—

(a) as to the circumstances in which applications for permission may be made; or

(b) for obtaining a medical report in a case where the decision appealed against was made on medical grounds.”;

(d) in subsection (3A) (as that subsection has effect before the commencement of its repeal by paragraph 8(3)(c) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006(69))—

(i) for “The regulations” substitute “Tribunal Procedure Rules”; and

(ii) omit “; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations”;

(e) omit subsection (3B);

(f) for subsection (3C) substitute—

“(3C) Before making in Tribunal Procedure Rules provision within subsection (3) in relation to proceedings of the Tribunal on an appeal or determination within subsection (2)(c) or (d), the Tribunal Procedure Committee must consult the Welsh Ministers.”;

(g) omit subsection (4);

(h) for subsection (5) substitute—

“(5) Any person who without reasonable excuse fails to comply with any requirement—

(a) which is imposed by Tribunal Procedure Rules in relation to any of the proceedings of the Tribunal mentioned in subsection (2) above, and

(b) which is—

(i) a requirement imposing reporting restrictions,

(ii) a requirement in respect of the discovery or inspection of documents of a kind which could be imposed by a county court, or

(iii) a requirement for persons to attend to give evidence or produce documents,

is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”; and

(i) omit subsections (6) and (7).

176.  In section 12(1) (interpretation) in the definition of “Tribunal” (as that definition has effect before the commencement of its repeal by paragraph 8(4)(a) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006) for “tribunal established under section 9 above” substitute “First-tier Tribunal”.

177.  Omit the Schedule (the tribunal).

Access to Justice Act 1999

178.  In paragraph 2(1) of Schedule 2 to the Access to Justice Act 1999(70) (Community Legal Service: excluded services) for paragraph (g) substitute—

“(g) the First-tier Tribunal under any provision of the Mental Health Act 1983 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984, or the Mental Health Review Tribunal for Wales,

(ga) the Upper Tribunal arising out of proceedings within paragraph (g),”.

Immigration and Asylum Act 1999

179.  The Immigration and Asylum Act 1999(71) is amended as follows.

180.  In section 94(1) (interpretation of Part 6) omit the definition of “adjudicator”.

181.  Omit section 102 (Asylum Support Adjudicators).

182.  In section 103 (appeals) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002(72)—

(a) in subsections (1), (2), (2A) and (7) for “an adjudicator” substitute “the First-tier Tribunal”;

(b) in subsections (3) and (5) for “adjudicator” substitute “First-tier Tribunal”;

(c) in subsection (3)(b) for “his” substitute “its”; and

(d) omit subsection (4).

183.  In section 103 (appeals) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002—

(i) in subsections (2), (3) and (5) for “an adjudicator” substitute “the First-tier Tribunal”;

(ii) in subsection (5)(b) for “his” substitute “its”; and

(iii) omit subsection (6).

184.  In section 103A(1) (appeals: location of support under section 4 or 95) for “an adjudicator” substitute “the First-tier Tribunal”.

185.  Omit section 104 (Lord Chancellor’s rules).

186.  Omit Schedule 10 (Asylum Support Adjudicators).

Care Standards Act 2000

187.  In section 121(1) of the Care Standards Act 2000(73) (general interpretation) in the definition of “the Tribunal” for “tribunal established by section 9 of the 1999 Act” substitute “First-tier Tribunal”.

Freedom of Information Act 2000

188.  In Part 6 of Schedule 1 of the Freedom of Information Act 2000(74) (public bodies and offices) omit the entry relating to the Criminal Injuries Compensation Appeals Panel.

Criminal Justice and Court Services Act 2000

189.  In section 42(1) of the Criminal Justice and Court Services Act 2000(75) (interpretation of Part 2) in the definition of “the Tribunal” for “tribunal established by section 9 of the Protection of Children Act 1999” substitute “First-tier Tribunal”.

Child Support, Pensions and Social Security Act 2000

190.—(1) Schedule 7 to the Child Support, Pensions and Social Security Act 2000(76) (housing benefit and council tax benefit: revisions and appeals) is amended as follows.

(2) In paragraph 4 (decisions superseding earlier decisions)—

(a) in sub-paragraph (1)(b) for “of an appeal tribunal or a Commissioner” substitute “of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision”; and

(b) in sub-paragraph (2)—

(i) for “tribunal” substitute “First-tier Tribunal”; and

(ii) for “Commissioner” substitute “Upper Tribunal”.

(3) In paragraph 6 (appeal to appeal tribunal)—

(a) in the heading for “appeal tribunal” substitute “First-tier Tribunal”; and

(b) in sub-paragraphs (3), (6) and (9) for “an appeal tribunal” substitute “the First-tier Tribunal”.

(4) In paragraph 7 (redetermination etc of appeals by tribunal)—

(a) in sub-paragraph (1) for the words from “to a person” to the end substitute “to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6”;

(b) omit sub-paragraph (2); and

(c) in sub-paragraph (3)—

(i) for “the person” substitute “the First-tier Tribunal”; and

(ii) for “tribunal” substitute “First-tier Tribunal”.

(5) In paragraph 8 (appeal from tribunal to Commissioner)—

(a) in the heading for “tribunal to Commissioner” substitute “First-tier Tribunal to Upper Tribunal”;

(b) omit sub-paragraph (1);

(c) in sub-paragraph (2)—

(i) for “lies under this paragraph” substitute “to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under paragraph 6 or 7 lies”; and

(ii) in paragraph (c) for “appeal tribunal” substitute “First-tier Tribunal”; and

(d) omit sub-paragraphs (3) to (8).

(6) In paragraph 9 (appeal from Commissioner on point of law)—

(a) for the heading substitute “Applications for permission to appeal against a decision of the Upper Tribunal”;

(b) omit sub-paragraphs (1) and (2); and

(c) in sub-paragraph (3)—

(i) for “An application for leave under this paragraph in respect of a Commissioner’s decision” substitute “An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under paragraph 6 or 7”;

(ii) in paragraph (a) for “Commissioner”, in both places, substitute “Upper Tribunal”;

(iii) in paragraphs (a) and (b) for “Commissioner’s” substitute “Upper Tribunal’s”;

(iv) in paragraph (c) for “leave” substitute “permission”; and

(v) omit the words from “and regulations” to the end; and

(d) omit sub-paragraphs (4) and (5).

(7) In paragraph 10 (procedure) omit sub-paragraphs (2) to (8).

(8) In paragraph 11 (finality of decisions) after “Subject to the provisions of this Schedule” insert “and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(9) In paragraph 12(a) (matters arising as respects decisions) for “, an appeal tribunal or a Commissioner” substitute “or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Schedule of the First-Tier Tribunal,”.

(10) In paragraph 13 (suspension in prescribed circumstances)—

(a) in sub-paragraph (2)—

(i) in paragraph (c) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and

(ii) in paragraph (d) for “a Commissioner” substitute “the Upper Tribunal”; and

(b) in sub-paragraph (3)(b) and (c) for “leave” substitute “permission”.

(11) In paragraph 16(1)(b) (decisions involving issues that arise on appeal in other cases) for “a Commissioner” substitute “the Upper Tribunal”.

(12) In paragraph 17 (appeals involving issues that arise on appeal in other cases)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) for “an appeal tribunal, or from an appeal tribunal to a Commissioner” substitute “the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal”; and

(ii) in paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”;

(b) in sub-paragraph (2) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;

(c) in sub-paragraph (3)(a) and (b) for “tribunal” substitute “First-tier Tribunal”;

(d) in sub-paragraph (4)—

(i) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(ii) in paragraph (b) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;

(e) in sub-paragraph (5)—

(i) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(ii) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(f) in sub-paragraph (7)(a) for “a Commissioner”, in both places, substitute “the Upper Tribunal”.

(13) In paragraph 18 (restrictions on entitlement to benefit in certain cases of error)—

(a) in sub-paragraph (1)(a) for “by virtue of this Schedule to a Commissioner” substitute “to the Upper Tribunal”;

(b) in sub-paragraph (3) for “the Commissioner” substitute “the Upper Tribunal”; and

(c) in sub-paragraph (9)(a) and (b) for “a Commissioner” substitute “the Upper Tribunal”.

(14) In paragraph 19(1) (correction of errors and setting aside of decisions)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) after “record of a decision made” insert “by the relevant authority”; and

(ii) omit paragraph (b) (together with the “and” immediately before it); and

(b) in sub-paragraph (2) omit “or set aside decisions”.

(15) In paragraph 20 (regulations)—

(a) in paragraph (1) for the words from “exercisable—” to the end “substitute “exercisable by the Secretary of State”; and

(b) omit sub-paragraph (6).

(16) In paragraph 23 (interpretation) omit the definitions of “appeal tribunal”, “the Chief Commissioner” and “Commissioner”.

Tax Credits Act 2002

191.—(1) Section 63 of the Tax Credits Act 2002(77) (tax credits appeals etc: temporary modifications) is amended as follows.

(2) In subsections (2), (3), (4), (6) and (8) for “an appeal tribunal” substitute “the appropriate tribunal”.

(3) In subsection (5)(a) for “appeal tribunal” substitute “appropriate tribunal”.

(4) In subsection (6) for “a Social Security Commissioner” substitute “the Upper Tribunal or a Northern Ireland Social Security Commissioner”.

(5) In subsection (7) for “the Social Security Commissioner” substitute “the Upper Tribunal or the Northern Ireland Social Security Commissioner”.

(6) In subsection (8) for “a Social Security Commissioner” substitute “the Upper Tribunal or a Northern Ireland Social Security Commissioner”.

(7) For subsection (10) substitute—

“(10) “Appropriate tribunal” means—

(a) the First-tier Tribunal, or

(b) an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998.”.

(8) In subsection (13) for the words from the beginning to “in Northern Ireland,” substitute “ “Northern Ireland Social Security Commissioner” means”.

Education Act 2002

192.  The Education Act 2002(78) is amended as follows.

193.  In section 144(1) (directions under section 142: appeal) for “Tribunal established under section 9 of the Protection of Children Act 1999 (c.14)” substitute “First-tier Tribunal”.

194.  In section 166(1) (appeals) for “tribunal established under section 9 of the Protection of Children Act 1999 (c.14)” substitute “First-tier Tribunal”.

195.  In subsection 167(1) (determination of appeals) for “tribunal established under section 9 of the Protection of Children Act 1999 (c.14)” substitute “First-tier Tribunal”.

196.  In section 167B(1) (directions under section 167A: appeals) for “Tribunal established under section 9 of the Protection of Children Act 1999” substitute “First-tier Tribunal”.

Nationality, Immigration and Asylum Act 2002

197.  In section 36(6) of the Nationality, Immigration and Asylum Act 2002(79) (education: general) for “Special Educational Needs Tribunal” substitute “First-tier Tribunal or the Special Educational Needs Tribunal for Wales”.

Health and Social Care (Community Health and Standards) Act 2003

198.  The Health and Social Care (Community Health and Standards) Act 2003(80) is amended as follows.

199.  In section 157 (appeal against a certificate or a waiver decision)—

(a) in subsection (6) for “sections 158 and 159” substitute “section 158”; and

(b) in subsection (7) omit paragraph (c) (but not the “and” at the end of the paragraph).

200.  In section 158 (appeal tribunals)—

(a) in subsection (1) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (c.14)” substitute “the First-tier Tribunal”;

(b) in subsection (4) for “the tribunal” substitute “a tribunal”; and

(c) omit subsection (7).

201.  Omit section 159 (appeal to Social Security Commissioner).