Article 6
1. The War Pensions (Administrative Provisions) Act 1919(7) is amended as follows.
2. In section 8 (appeals to Pensions Appeal Tribunals)—
(a) in the heading, omit “to Pensions Appeal Tribunals”;
(b) in subsection (1) for the words from “a Pensions Appeal Tribunal” to the end substitute “the appropriate tribunal, whose decision shall be final (subject, in the case of a decision of the First-Tier Tribunal, to provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007).”;
(c) after that subsection insert—
“(1A) For the purposes of subsection (1) above “the appropriate tribunal” means—
(a) in relation to England and Wales, the First-tier Tribunal;
(b) in relation to Scotland, a Pensions Appeal Tribunal for Scotland established under this section; and
(c) in relation to Northern Ireland, a Pensions Appeal Tribunal for Northern Ireland established under this section.”; and
(d) in subsection (2)—
(i) for “such parts of the United Kingdom as may be determined” substitute “Scotland and Northern Ireland”; and
(ii) for “of Pensions Appeal Tribunals” substitute “of those tribunals”.
3. In paragraph 1 of the Schedule (constitution jurisdiction and procedure of Pensions Appeal Tribunals) for the words from the beginning to “Kingdom” substitute “Such number of pensions appeal tribunals shall be constituted for Scotland and Northern Ireland”.
4. The Pensions Appeal Tribunals Act 1943(8) is amended as follows.
5. In section 1 (appeals against rejection of war pension claims)—
(a) in subsection (1) for “a Pensions Appeal Tribunal constituted under this Act (hereafter in this Act referred to as “the Tribunal”)” substitute “the appropriate tribunal”; and
(b) in subsections (2), (3), (3A) and (4) for “Tribunal” substitute “appropriate tribunal”.
6. In section 2(1) and (2) (appeals against rejection of war pension claims made in respect of mariners, pilots etc) for “Tribunal” substitute “appropriate tribunal”.
7. In section 3(1) and (2) (appeals against rejection of war pension claims made in respect of civil defence volunteers and other civilians) for “Tribunal” substitute “appropriate tribunal”.
8. In section 4(1) and (2) (appeals in cases where award is withheld or reduced on ground of serious negligence or misconduct) for “Tribunal” substitute “appropriate tribunal”.
9. In section 5 (appeals against assessment of extent of disablement)—
(a) in subsection (1) for “Tribunal”, in both places, substitute “appropriate tribunal”; and
(b) in subsection (2)—
(i) for “Tribunal”, in each place, substitute “appropriate tribunal”; and
(ii) for “Tribunal’s” substitute “appropriate tribunal’s”.
10. In subsection 5A(1)(b) (appeals in other cases) for “Tribunal” substitute “appropriate tribunal”.
11. In section 5B (matters relevant on appeal) for “appeal, a Pensions Appeal Tribunal” substitute “appeal under any provision of this Act, the appropriate tribunal”.
12.—(1) Section 6 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.
(2) In the heading, at the end insert “for Scotland and Northern Ireland etc”.
(3) In subsection (1), at the end insert “for Scotland and Northern Ireland”.
(4) In subsection (2C)—
(a) in paragraph (a) for “Tribunal, or” substitute “Pensions Appeal Tribunal for Scotland or Northern Ireland,”;
(b) after paragraph (b) insert—
“(c) the First-tier Tribunal reviews a decision made by it under this Act which it sets aside under section 9(4)(c) of the Tribunals, Courts and Enforcement Act 2007, or
(d) a case involving a decision made by the First-tier Tribunal under this Act is remitted to it by the Upper Tribunal under section 12(2)(b)(i) of that Act,”; and
(c) for “or direction” substitute “, direction, setting aside or remittal”.
(5) In subsection (3)—
(a) omit the “and” at the end of paragraph (a);
(b) after paragraph (b) insert—
“, and
(c) provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007,”; and
(c) for “the Tribunal” substitute “the appropriate tribunal”.
(6) In subsection (4) for “Tribunal”, in both places, substitute “appropriate tribunal”.
13.—(1) Section 6A (appeals from Tribunal to Social Security Commissioner) is amended as follows.
(2) For the heading substitute “Appeals from Pensions Appeal Tribunal for Scotland or Northern Ireland”.
(3) For subsection (1) substitute—
“(1) Subject to the provisions of this section, an appeal shall lie to the appropriate body from any decision of a Pensions Appeal Tribunal for Scotland or Northern Ireland under any of sections 1 to 5A of this Act on the ground that the decision was erroneous in point of law.
(1A) For the purposes of this section “the appropriate body” means—
(a) in relation to a decision of a Pensions Appeal Tribunal for Scotland, the Upper Tribunal; and
(b) in relation to a decision of a Pensions Appeal Tribunal for Northern Ireland—
(i) the Upper Tribunal in the case of a decision under section 5 of this Act; and
(ii) a Northern Ireland Social Security Commissioner in any other case.”.
(4) In subsection (2) for “Tribunal” substitute “Pensions Appeal Tribunal for Scotland or Northern Ireland”.
(5) In subsection (3)—
(a) for “the appeal” substitute “an appeal under this section to a Northern Ireland Social Security Commissioner”; and
(b) for “the Tribunal” substitute “a Pensions Appeal Tribunal for Northern Ireland”.
(6) In subsection (4)—
(a) after “Where” insert “an appeal is made to a Northern Ireland Social Security Commissioner and”;
(b) in paragraph (a)(i) for “the Tribunal” substitute “the Pensions Appeal Tribunal for Northern Ireland”; and
(c) in paragraph (b) for “the Tribunal” substitute “a Pensions Appeal Tribunal for Northern Ireland”.
(7) After subsection (4) insert—
“(4A) 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 Pensions Appeal Tribunal for Scotland or Northern Ireland.”.
(8) In subsection (5)—
(a) for “the Commissioner” substitute “the Northern Ireland Social Security Commissioner”; and
(b) for “Tribunal” substitute “Pensions Appeal Tribunal for Scotland or Northern Ireland”.
(9) After subsection (5) insert—
“(5A) No appeal lies under this section to the Upper Tribunal without the leave of the Pensions Appeal Tribunal for Scotland or Northern Ireland concerned, or of the Upper Tribunal, on an application by the party.”.
(10) In subsection (6)—
(a) after “under this section” insert “to a Northern Ireland Social Security Commissioner”;
(b) in paragraph (a) for “the Tribunal” substitute “the tribunal concerned”;
(c) in paragraph (b) for “the part of the United Kingdom for which the Tribunal was appointed” substitute “Northern Ireland”; and
(d) in paragraph (c) for “an appropriate Social Security Commissioner” substitute “a Northern Ireland Social Security Commissioner”.
(11) In subsection (7)—
(a) after “appeals” insert “to a Northern Ireland Social Security Commissioner”; and
(b) for “to appeal” substitute “to bring such appeals”.
(12) In subsection (8) for “Commissioner” substitute “Northern Ireland Social Security Commissioner”.
(13) Omit subsection (9).
(14) In subsection (10) for “Tribunal, a Great Britain Social Security Commissioner may direct that an application or appeal to him” substitute “appropriate tribunal under section 1, 2, 3, 4 or 5A, the Upper Tribunal may direct that an application or appeal to it”.
14. In section 6B (redetermination etc of appeals by Pensions Appeal Tribunal)—
(a) in the title for “Pensions Appeal Tribunal” substitute “appropriate tribunal”;
(b) for subsection (1) substitute—
“(1) Subsections (2) and (3) apply where an application is made to—
(a) a Pensions Appeal Tribunal for Scotland or Northern Ireland under section 6A(5A) of this Act, or
(b) a person under section 6A(6)(a) of this Act,
for leave to appeal from a decision of the tribunal concerned.”;
(c) in subsection (2)—
(i) for “the person” substitute “the tribunal or person to whom the application is made”;
(ii) for “he” substitute “that tribunal or person”;
(iii) for “the Tribunal” substitute “the tribunal concerned”; and
(iv) for “constituted Tribunal” substitute “constituted Pensions Appeal Tribunal for Scotland or Northern Ireland”; and
(d) in subsection (3)—
(i) for “the person” substitute “the tribunal or person to whom the application is made”; and
(ii) for “constituted Tribunal” substitute “constituted Pensions Appeal Tribunal for Scotland or Northern Ireland”; and
(e) after that subsection insert—
“(4) Subsection (5) applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under this Act.
(5) If each of those who would be parties to the appeal if permission were granted expresses the view that the decision was erroneous in point of the law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.”.
15. In section 6C (appeals from Commissioner)—
(a) in subsections (1) to (4) for “a Commissioner” substitute “a Northern Ireland Social Security Commissioner”; and
(b) in subsection (3)(a) for “the Tribunal” substitute “the tribunal concerned”.
16. In section 6D (procedure in proceedings before Commissioner)—
(a) in subsections (1), (3), (4) and (6)(a) for “a Commissioner” substitute “a Northern Ireland Social Security Commissioner”;
(b) in subsection (1)—
(i) for “section 16 of the Social Security Act 1998” substitute “Article 16 of the Social Security (Northern Ireland) Order 1998(9)”; and
(ii) for “that Act” substitute “that Order”;
(c) in subsection (2)(a)—
(i) omit “or, in Scotland, by the Secretary of State”; and
(ii) for “Commissioners” substitute “Northern Ireland Social Security Commissioners”;
(d) in subsection (5)—
(i) for “the Chief Commissioner” substitute “the Chief Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992(10)”; and
(ii) for “Commissioners”, in each place, substitute “Northern Ireland Social Security Commissioners”;
(e) in subsection (8) omit “England and Wales or”; and
(f) omit subsection (9).
17. In section 8(1), (3) and (5) (time limit for appeals) for “the Tribunal” substitute “a Pensions Appeal Tribunal for Scotland or Northern Ireland”.
18. In section 9 (notices) for “Tribunal” substitute “appropriate tribunal”.
19. In section 11A(5) (regulations) omit paragraph (b) (together with the “or” immediately before it).
20. In section 12 (interpretation)—
(a) before the definition of “detention” insert—
““the appropriate tribunal” means the First-tier Tribunal or a Pensions Appeal Tribunal for Scotland or Northern Ireland (and see paragraphs 6 to 6B of the Schedule for determining which of those tribunals hears an appeal under this Act);”;
(b) omit the definition of “Chief Commissioner”;
(c) omit the definition of “Commissioner”;
(d) omit the definition of “Great Britain Social Security Commissioner”; and
(e) in the definition of “Northern Ireland Social Security Commissioner” at the end insert “, and includes a tribunal of Commissioners constituted under section 6D(5) of this Act”.
21.—(1) The Schedule (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.
(2) In paragraph 1—
(a) omit sub-paragraph (1);
(b) after sub-paragraph (3) insert—
“(3A) In this Schedule “Tribunal” means a Pensions Appeal Tribunal for Scotland or Northern Ireland constituted in accordance with the provisions of this Schedule.”; and
(c) omit sub-paragraph (4).
(3) In paragraph 2—
(a) omit sub-paragraph (1)(a);
(b) in sub-paragraph (2A) omit “(3A),”;
(c) omit sub-paragraph (3A); and
(d) in sub-paragraph (4) for “sub-paragraphs (3A) and (3B)” substitute “sub-paragraph (3B)”.
(4) In paragraph 2B—
(a) in sub-paragraph (1) for “each part of the United Kingdom” substitute “Scotland or Northern Ireland”;
(b) omit sub-paragraph (2)(a); and
(c) in sub-paragraphs (5) and (6)—
(i) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and
(ii) for “that part of the United Kingdom” substitute “Scotland or Northern Ireland”.
(5) In paragraph 3A—
(a) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and
(b) in paragraph (a) for “that part of the United Kingdom” substitute “Scotland or Northern Ireland”.
(6) In paragraph 3B—
(a) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and
(b) for “such Tribunals in that part of the United Kingdom” substitute “a Pensions Appeal Tribunal for Scotland or Northern Ireland”.
(7) In paragraph 3C(2)—
(a) for “any part of the United Kingdom” substitute “Scotland or Northern Ireland”; and
(b) omit paragraph (a).
(8) In paragraph 5—
(a) in sub-paragraph (1)(a) for “Pensions Appeals Tribunals” substitute “Tribunals”; and
(b) omit sub-paragraph (1A)(a).
(9) In paragraph 6—
(a) for “the Tribunal” substitute “the appropriate tribunal”;
(b) for “such one of the Tribunals appointed for England as may be prescribed by or under rules made for those Tribunals under this Schedule” substitute “the First-tier Tribunal”;
(c) for “a Tribunal” substitute “the appropriate tribunal”; and
(d) for “another Tribunal” substitute “another such tribunal”.
(10) In paragraph 6B—
(a) for “the Tribunal” substitute “the appropriate tribunal”; and
(b) for “a Tribunal appointed for another part of the United Kingdom” substitute “another appropriate tribunal”.
(11) In paragraph 7 for “such appeal” substitute “appeal to a Tribunal”.
(12) In paragraph 7B, omit sub-paragraph (1).
22. In section 12(1)(b) of the Administration of Justice Act 1960(11) (publication of information relating to proceedings in private) for “a Mental Health Review Tribunal or to” substitute “the First-tier Tribunal, the Mental Health Review Tribunal for Wales or”.
23. The Parliamentary Commissioner Act 1967(12) is amended as follows.
24. Omit section 11B(2)(b) and (3)(b) (the Criminal Injuries Compensation Scheme).
25. Omit paragraph 6C of Schedule 3 (matters not subject to investigation).
26.—(1) Schedule 4 (relevant tribunals for the purposes of section 5(7)) is amended as follows.
(2) Omit the entries relating to —
(a) the Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999; and
(b) the Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996.
(3) In the entry relating to the Mental Health Review Tribunals, for “Tribunals” substitute “Tribunal for Wales”.
27. In Schedule 1 to the Local Authority Social Services Act 1970(13) (social services functions), in the entry relating to the Mental Health Act 1983, for “Mental Health Review Tribunals” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.
28.—(1) Schedule 1 to the House of Commons Disqualification Act 1975(14) (disqualifying offices) is amended as follows.
(2) In Part 1 (judicial offices) omit the first entry beginning “Chief or other Child Support Commissioner”.
(3) In Part 3 (other offices) omit the entries relating to—
(a) an adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995;
(b) an Asylum Support Adjudicator; and
(c) the President of the Special Educational Needs Tribunal, or a member of a panel of persons appointed to act as chairman or other member of that Tribunal.
29.—(1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975(15) (disqualifying offices) is amended as follows.
(2) In Part 1 (judicial offices) omit the first entry beginning “Chief or other Child Support Commissioner”.
(3) In Part 3 (other offices) omit the entry relating to an Asylum Support Adjudicator.
30. The Vaccine Damage Payments Act 1979(16) is amended as follows.
31. In section 3A(1) (decisions reversing earlier decisions) for “an appeal tribunal” substitute “a tribunal”.
32. In section 4 (appeals to appeal tribunals) as it has effect before the commencement of section 57(2) of, and paragraph 1(2) and (3) of Schedule 7 to, the Welfare Reform Act 2007—
(a) in subsection (1) for “an appeal tribunal” substitute “the First-tier Tribunal”;
(b) omit subsection (2)(b) (together with the “and” immediately before it); and
(c) in subsection (4) for “an appeal tribunal” substitute “the First-tier Tribunal”.
33. In section 4 (appeals to appeal tribunals) as it has effect after the commencement of section 57(2) of, and paragraph 1(2) and (3) of Schedule 7 to, the Welfare Reform Act 2007—
(a) in subsection (1A)—
(i) for “In subsection (1) the reference” substitute “In this section any reference”; and
(ii) in paragraph (b) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”;
(b) in subsection (2)—
(i) for “an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998” substitute “the First-tier Tribunal”; and
(ii) omit paragraph (b) (together with the “and” immediately before it); and
(c) in subsection (4) for “an appeal tribunal” substitute “an appropriate appeal tribunal”.
34. In section 7A(1) (correction of errors and setting aside of decisions)—
(a) in subsection (1)—
(i) in paragraph (a), as it has effect both before and after the commencement of paragraph 1(4) of Schedule 7 to the Welfare Reform Act 2007, for “3, 3A or 4” substitute “3 or 3A”;
(ii) in paragraph (a), as it has effect after the commencement of that provision, omit “, other than a decision of an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998”; and
(iii) omit paragraph (b) (together with the “and” immediately before it), as it has effect both before and after the commencement of that provision; and
(b) in subsection (2) omit “or set aside decisions”.
35. Omit section 9A (interpretation).
36. In section 12(3) (financial provision)—
(a) omit paragraph (b); and
(b) in paragraph (c) omit “or tribunal”.
37. In section 13 of the Judicial Pensions Act 1981(17) (Social Security Commissioners) omit subsections (1A)(a) and (7).
38. In section 4 of the Forfeiture Act 1982(18) (Commissioner to decide whether rule applies to social security benefits)—
(a) in the heading for “Commissioner” substitute “Upper Tribunal”;
(b) in subsections (1), (1A), (1G) and (1H) for “a Commissioner”, in each place, substitute “the Upper Tribunal”;
(c) in subsections (1A), (1B) and (1E) for “the Commissioner”, in each place, substitute “the Upper Tribunal”;
(d) in subsection (1B) for “he” substitute “it”;
(e) in subsection (1E) for “he may direct that his” substitute “the Upper Tribunal may direct that its”;
(f) in subsection (2)—
(i) for the words from the beginning to “expedient” substitute “Tribunal Procedure Rules may make provision”;
(ii) for “the regulations” substitute “the rules”; and
(iii) omit paragraph (b) (together with the “and” immediately before it);
(g) omit subsections (3) and (4); and
(h) in subsection (5) omit the definition of “Commissioner”.
39. The Mental Health Act 1983(19) is amended as follows.
40. In section 21(3) (patients absent without leave) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
41. In section 41(3)(b) (power of higher courts to restrict discharge from hospital) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
42. In section 50(1) (prisoners under sentence) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
43. In section 51(3) (detained persons) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
44. In section 53(2) (civil prisoners and persons detained under the Immigration Acts) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
45. In section 65 (Mental Health Review Tribunals)—
(a) in the title for “Tribunals” substitute “Tribunal for Wales”;
(b) in subsection (1) (as substituted by section 38(2) of the Mental Health Act 2007(20)) for the words from “be” to the end substitute “be a Mental Health Review Tribunal for Wales.”;
(c) in subsection (1A) (as substituted by section 38(2) of that Act) for “the Mental Health Review Tribunals” substitute “that tribunal”;
(d) in subsection (2) for “Mental Health Review Tribunals” substitute “the Mental Health Review Tribunal for Wales”;
(e) in subsection (3) for “a Mental Health Review Tribunal”, in both places, substitute “the Mental Health Review Tribunal for Wales”; and
(f) for subsection (4) substitute—
“(4) The Welsh Ministers may pay to the members of the Mental Health Review Tribunal for Wales such remuneration and allowances as they may determine, and defray the expenses of that tribunal to such amount as they may determine, and may provide for that tribunal such officers and servants, and such accommodation, as that tribunal may require.”
46. In section 66 (applications to tribunals)—
(a) in subsection (1) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”; and
(b) after subsection (3) insert—
“(4) In this Act “the appropriate tribunal” means the First-tier Tribunal or the Mental Health Review Tribunal for Wales.
(5) For provision determining to which of those tribunals applications by or in respect of a patient under this Act shall be made, see section 77(3) and (4) below.”
47. In section 67(1) (references to tribunals by Secretary of State concerning Part II patients) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
48. In section 68(2), (6) and (7) (duty of managers of hospitals to refer cases to tribunal) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
49. In section 68A(5) (power to reduce periods under section 68) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
50. In section 69(1) and (2) (applications to tribunals concerning patients subject to hospital and guardianship orders) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
51. In section 70 (applications to tribunals concerning restricted patients) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
52. In section 71(1) and (2) (references by Secretary of State concerning restricted patients) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
53. In section 72 (powers of tribunals)—
(a) in subsections (1), (4) and (6) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”;
(b) in subsections (1)(a) to (c) and (4) for “they are” substitute “it is”;
(c) in subsection (3) for “do not” substitute “does not”;
(d) in subsection (3A) for “they think” substitute “it thinks”; and
(e) in subsection (6) for “such a tribunal” substitute “the appropriate tribunal”.
54. In section 73 (power to discharge restricted patients)—
(a) in subsection (1)—
(i) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”;
(ii) for “such a tribunal” substitute “the appropriate tribunal”; and
(iii) for “the tribunal are”, in both places, substitute “the tribunal is”; and
(b) in subsection (7) for “their satisfaction” substitute “its satisfaction”.
55. In section 74 (restricted patients subject to restriction directions)—
(a) in subsection (1)—
(i) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”;
(ii) for “such a tribunal” substitute “the appropriate tribunal”;
(iii) for “their” substitute “its”; and
(iv) for “they notify” substitute “the tribunal notifies”;
(b) in subsections (2) and (4) for “notify” substitute “notifies”; and
(c) in subsections (3), (4) and (5A) for “the tribunal have” substitute “the tribunal has”.
56. In section 75 (applications and references concerning conditionally discharged restricted patients)—
(a) in subsections (1)(a) and (2) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”; and
(b) in subsection (3) for “give” substitute “gives”.
57. In section 76(1) (visiting and examination of patients) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
58. In section 77 (general provisions concerning tribunal applications)—
(a) in subsection (1) for “a Mental Health Review Tribunal by or in respect of a patient” substitute “the appropriate tribunal by or in respect of a patient under this Act”;
(b) in subsection (2) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”;
(c) in subsection (3)—
(i) for “a Mental Health Review Tribunal” substitute “a tribunal”;
(ii) in paragraph (a), for “to the tribunal for the area in which that hospital is situated” substitute “to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales”;
(iii) in paragraph (b), for “to the tribunal for the area in which the responsible hospital is situated” substitute “to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales”; and
(iv) in paragraph (c), for “to the tribunal for the area in which the patient is residing” substitute “to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales”; and
(d) in subsection (4) for “to the tribunal for the area in which the patient resides” substitute “to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales”.
59. Section 78 (procedure of tribunals) is amended as follows.
(1) In the heading, for “tribunals” substitute “Mental Health Review Tribunal for Wales”.
(2) In subsection (1)—
(a) for “Mental Health Review Tribunals” substitute “the Mental Health Review Tribunal for Wales”; and
(b) for “such tribunals” substitute “that tribunal”.
(3) In subsection (2)—
(a) for “a tribunal”, in each place, substitute “the tribunal”;
(b) in paragraph (a) for the words from “by that or” to the end substitute “under this Act by the tribunal or the First-tier Tribunal”;
(c) for paragraph (b) substitute—
“(b) for the transfer of proceedings to or from the Mental Health Review Tribunal for Wales in any case where, after the making of the application, the patient is moved into or out of Wales;”; and
(d) in paragraph (j)—
(i) for “tribunals” substitute “tribunal”; and
(ii) for “their” substitute “its”.
(4) In subsection (3)—
(a) for “Mental Health Review Tribunals” substitute “the Mental Health Review Tribunal for Wales”; and
(b) for “such tribunals” substitute “that tribunal”.
(5) In subsection (4)—
(a) for “a tribunal”, in each place, substitute “the tribunal”; and
(b) for paragraph (b) substitute—
“(b) for the transfer of proceedings to or from the tribunal in any case where, after the making of a reference or application in accordance with section 71(4) or 77(4) above, the patient begins or ceases to reside in Wales.”
1919 c.53 Section 8(1) was amended by Part 3 of the Statute Laws (Repeals) Act 1986 (c.12), section 8(2) of the War Pensions Act 1920 (c.23), and paragraph 10 of Schedule 26 to the Civil Partnership Act 2004 (c.33). Back [7]
1943 c.39. Section 2(2) was amended by section 23(1) and (2)(c) of the Chronically Sick and Disabled Persons Act 1970 (c.44). Sections 5A and 5B were inserted by sections 57(1) and 59 of the Child Support, Pensions and Social Security Act 2000 (c.19.). Section 6(2C) was inserted by section 43(1) of the Social Security and Housing Benefits Act 1982 (c.24) and subsections (2C) and (3) were amended by paragraphs 1 and 3(1), (3) and (4) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c.32). Sections 6A, 6B, 6C, 6D and 11A were inserted by section 5 of, and paragraphs 1 and 4 to 6 of Schedule 1 to, the 2004 Act. Section 6D(9) was inserted by paragraphs 24 and 25 of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Section 8 was amended by paragraphs 1 and 5 of Schedule 1 to the 2004 Act. In section 12 the definitions of “Chief Commissioner” and “Commissioner” were inserted by paragraphs 1 and 7(1) and (2)(b) of Schedule 1 to the 2004 Act. In the Schedule: paragraph 1 was substituted by section 15(1) of, and paragraphs 24 and 28(1) and (2) of Schedule 4 to, the Constitutional Reform Act 2005 (c.4); paragraph 2 was substituted by section 26 of, and paragraph 39 of Schedule 6 to, the Judicial Pensions and Retirement Act 1993 (c.8), sub-paragraph (2A) was inserted by section 60(2) of the 2000 Act and amended by paragraphs 24 and 28(1) and (3)(b) of Schedule 4 to the 2005 Act, sub-paragraph (3A) was inserted by paragraphs 24 and 28(1) and (3)(c) of Schedule 4 to the 2005 Act and sub-paragraph (4) was amended by paragraphs 24 and 28(1) and (3)(d) of Schedule 4 to the 2005 Act; paragraphs 2B, 3A, 3B and 3C were inserted by section 60(3) and (4) of the 2000 Act; paragraph 5(1A) was inserted by paragraphs 24 and 28(1) and (6)(c) of Schedule 4 of the 2005 Act; paragraph 6 was amended by paragraphs 1 and 10(1) and (3) of Schedule 1 to the 2004 Act; paragraph 6B was inserted by paragraphs 1 and 10(1) and (5) of Schedule 1 to the 2004 Act; and paragraph 7B was inserted by paragraphs 24 and 28(1) and (7) of Schedule 4 to the 2005 Act. Back [8]
S.I. 1998/1506 (N.I.10). Back [9]
1960 c.65. Section 12(1)(b) was amended by paragraph 10 of Schedule 6 to the Mental Incapacity Act 2005 (c.9). Back [11]
1967 c.13. Section 11B and paragraph 6C of Schedule 3 were inserted by section 10(1) and (2) of the Criminal Injuries Compensation Act 1995 (c.53). Schedule 4 was inserted by section 1(3) of the Parliamentary Commissioner Act 1994 (c.14) and substituted by article 3 of, and Schedule 2 to, the Parliamentary Commissioner Order 2007 (S.I. 2007/3470). Back [12]
1970 c.42. The entry relating to the Mental Health Act 1983 was amended by paragraph 27 of Schedule 4 to the Mental Health Act 1983 (c.20) and section 55(2) of the Children Act 2004 (c.31). Back [13]
1975 c.24. The entry for an Asylum Support Adjudicator was inserted by paragraph 71(b) of Schedule 14 to the Immigration and Asylum Act 1999 (c.33). Back [14]
1975 c.25. The entry for an Asylum Support Adjudicator was inserted by paragraph 72(b) of Schedule 14 to the Immigration and Asylum Act 1999 (c.33). Back [15]
1979 c.17. Sections 3A and 4 were substituted by sections 45 and 46 of the Social Security Act 1998 (c.14) respectively. Section 4(1A) was inserted by section 57 of the Welfare Reform Act 2007 (c.5) and sections 4(2) and (3) were amended by paragraph 1(1) to (3) of Schedule 7 to the 2007 Act. Section 7A was inserted by section 47 of the 1998 Act and subsection (1)(a) was amended by paragraph 1(1) and (4) of Schedule 7 to the 2007 Act. Section 9A is to be inserted from a date to be appointed by paragraph 1(1) and (8) of Schedule 7 to the 2007 Act. Back [16]
1981 c.20. Section 13(1A) and (7) were inserted by paragraphs 109 and 113(1), (2) and (3) of Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Back [17]
1982 c.34. Subsections (1A) to (1H) were inserted by section 76(2) of the Social Security Act 1986 (c.50). Subsection (2)(b) was amended by paragraph 11(1) of Schedule 7 to the Social Security Act 1998 (c.14). In subsection (5) the definition of “Commissioner” was amended by paragraph 11(2) of Schedule 7 to the 1998 Act. Back [18]
1983 c.20. Section 21(3) was inserted by section 37 of the Mental Health Act 2007 (c.12). Section 65(1A) was substituted by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c.17) and by section 38 of the 2007 Act. Sections 68 and 68A were substituted by section 37 of the 2007 Act. Section 72(1)(c) was inserted by paragraph 21 of Schedule 3 to the 2007 Act. Section 72(3A) was inserted by paragraph 10 of Schedule 1 to the Mental Health (Patients in the Community) Act 1995 (c.52) and substituted by paragraph 21 of Schedule 3 to the 2007 Act. Section 73(1) was substituted by article 4 of the Mental Health Act 1983 (Remedial) Order 2001 (S.I. 2001/3712). Section 74(5A) was inserted by section 295 of the Criminal Justice Act 2003 (c.44). Section 79(7) was inserted by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c.17) and substituted by section 38 of the 2007 Act. Section 132A was inserted by paragraph 30 of Schedule 3 to the 2007 Act. Back [19]