Asylum and Immigration (Treatment of Claimants, etc) Act 2004

203.  In section 9(4) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004(82) (failed asylum seekers: withdrawal of support) for “adjudicator” substitute “First-tier Tribunal”.

Domestic Violence, Crime and Victims Act 2004

204.  The Domestic Violence, Crime and Victims Act 2004(83) is amended as follows.

205.  In section 37(5) (representations where restriction order made) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

206.  In section 37A(6) (representations where restriction order not made) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

207.  In section 38(5)(a) and (b) (information where restriction order made) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

208.  In section 38A(4)(a) to (c) (information where restriction order not made) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

209.  In section 40(5) (representations) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

210.  In section 41(5)(a) and (b) (information) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

211.  In section 43(5) (representations where restriction direction made) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

212.  In section 43A(6) (representations where restriction direction not given) for “A Mental Health Review Tribunal” substitute “The First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

213.  In section 44(5)(a) and (b) (information where restriction direction made) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

214.  In section 44A(4)(a) to (c) (information where restriction direction not given) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

215.  In paragraph 17 of Schedule 9 (authorities within the remit of the Commissioner for Victims and Witnesses) for “Criminal Injuries Compensation Appeals Panel” substitute “Persons exercising functions relating to the carrying on of the business of the First-tier Tribunal in respect of appeals under the Criminal Injuries Compensation Scheme by virtue of section 5(1) of the Criminal Injuries Compensation Act 1995”.

Constitutional Reform Act 2005

216.  The Constitutional Reform Act 2005(84) is amended as follows.

217.  Omit section 3(7B)(f) (guarantee of continued judicial independence).

218.  In the table in section 94B(3) (appointments not subject to section 85: tribunals) omit the entries relating to a Deputy Child Support Commissioner and Deputy Social Security Commissioner.

219.—(1) Paragraph 4 of Schedule 7 (protected functions of the Lord Chancellor under particular enactments) is amended as follows.

(2) In the entry relating to the Child Support Act 1991—

(a) omit “Section 22”, “Section 24” and “Section 25”; and

(b) in the entry relating to Schedule 4, for “1(3), 2(1) and (2), 2A(1), 4(1), 4A(1) and 7” substitute “2(1) and (2)”.

(3) Omit the entry relating to the Protection of Children Act 1999.

(4) Omit the entry relating to the Child Support, Pensions and Social Security Act 2000.

220.—(1) Schedule 14 (the Judicial Appointments Commission: relevant offices and enactments) is amended as follows.

(2) In Part 1 (appointments by Her Majesty) omit the entries relating to—

(a) a Chief Child Support Commissioner and Child Support Commissioner; and

(b) a Chief Social Security Commissioner and Social Security Commissioner.

(3) In Part 3 (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies) omit the entries relating to—

(a) a Deputy Child Support Commissioner;

(b) the President of the Special Educational Needs and Disability Tribunal and a member of the chairmen’s panel of that tribunal;

(c) the President of appeal tribunals appointed under section 5(1) of the Social Security Act 1998;

(d) a member of the panel of persons appointed under section 6(2) of that Act to act as members of appeal tribunals;

(e) a Social Security Commissioner (deputy);

(f) the President of the Tribunal, and a member of the chairmen’s panel of the Tribunal, appointed under paragraph 2(1) of the Schedule to the Protection of Children Act 1999; and

(g) a member of the lay panel of the Tribunal appointed under paragraph 2(3) of that Schedule.

Childcare Act 2006

221.  In section 69(11) of the Childcare Act 2006(85) (suspension of registration) for “Tribunal established by section 9 of the Protection of Children Act 1999 (c 14)” substitute “First-tier Tribunal”.

Safeguarding Vulnerable Groups Act 2006

222.  In section 4 of the Safeguarding Vulnerable Groups Act 2006(86) (appeals)—

(a) before “Tribunal”, in each place, insert “Upper”; and

(b) omit subsections (8) to (11).

Mental Health Act 2007

223.  In paragraph 2(2)(b) of Schedule 10 to the Mental Health Act 2007(87) (transitional provisions and savings) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.

Child Maintenance and Other Payments Act 2008

224.  The Child Maintenance and Other Payments Act 2008(88) is amended as follows.

225.  In section 6 (fees)—

(a) in subsection (5) for “an appeal tribunal” substitute “the First-tier Tribunal”; and

(b) in subsection (6) for “appeal tribunals” substitute “First-tier Tribunal”.

226.  In section 50 (appeal to appeal tribunal)—

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

(b) in subsection (2) for the words from “an appeal tribunal” to the end substitute “the First-tier Tribunal”; and

(c) omit subsection (4)(b).

227.  Omit section 51 (appeal to Social Security Commissioner).

Repeals and revocations

228.  In consequence of the amendments made by the above provisions of this Schedule, the following provisions are repealed or (as the case may be) revoked—

(a) paragraph 63(1), (2) and (3)(a) of Schedule 2 to the Social Security (Consequential Provisions) Act 1992(89);

(b) paragraph 23(4) of Schedule 6 to the Judicial Pensions and Retirement Act 1993(90);

(c) section 17 of, and paragraph 18 of Schedule 3 to, the Child Support Act 1995(91);

(d) paragraphs 3(1), 11, 29, 30, 36, 42, 47(a), 51, 52, 113(b), 152(1) and (3) and 153 of Schedule 7 to the Social Security Act 1998(92);

(e) paragraph 8 of the Schedule to the Protection of Children Act 1999(93);

(f) paragraphs 71(b), 72(b) and 95 of Schedule 14 to the Immigration and Asylum Act 1999(94);

(g) paragraph 21 of Schedule 4 to the Care Standards Act 2000(95);

(h) paragraph 22(2) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000(96);

(i) paragraph 20(b) of Schedule 8 to the Special Educational Needs and Disability Act 2001(97);

(j) paragraph 22 of Schedule 3 and paragraph 47 of Schedule 12 to the Justice (Northern Ireland) Act 2002(98);

(k) paragraphs 4, 5 and 10(2) of Schedule 18 to the Education Act 2002(99);

(l) section 7(2) of the Armed Forces (Pensions and Compensation) Act 2004(100);

(m) paragraphs 25, 28(3)(d) and 221 of Schedule 4 to the Constitutional Reform Act 2005(101);

(n) paragraphs 273 and 274 of Schedule 4 to the Constitutional Reform Act 2005;

(o) paragraph 1(4)(a), (8) and (9) of Schedule 7 to the Welfare Reform Act 2007(102);

(p) section 38(3)(b) and (c), (4) and (8) of the Mental Health Act 2007(103);

(q) paragraphs 22(2), (4) and (5) and 31 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007(104);

(r) paragraph 29 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007;

(s) paragraphs 16(3) to (5), 17 and 54 of Schedule 3 to the Child Maintenance and Other Payments Act 2008(105);

(t) the entries in the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999(106) relating to sections 22, 24 and 25 of, and Schedule 4 to, the Child Support Act 1991;

(u) paragraph 2 of Schedule 10 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999(107);

(v) the entries in Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999(108) relating to sections 22(3), 24(9) and 25(6) of, and Schedule 4 to, the Child Support Act 1991;

(w) the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2003(109);

(x) paragraph 53 of Schedule 1 to the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007(110).

(y) the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2007(111).