Office of Public Sector Information
SCHEDULE 3 continued
(6) In subsection (6) for “a Mental Health Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”.
(7) In subsection (7) for “A Mental Health Review Tribunal” substitute “The Mental Health Review Tribunal for Wales”.
(8) Omit subsection (8).
(9) In subsection (9) for “a Mental Health Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”.
60. After section 78 insert—
78A.—(1) A party to any proceedings before the Mental Health Review Tribunal for Wales may appeal to the Upper Tribunal on any point of law arising from a decision made by the Mental Health Review Tribunal for Wales in those proceedings.
(2) An appeal may be brought under subsection (1) above only if, on an application made by the party concerned, the Mental Health Review Tribunal for Wales 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 the 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 Mental Health Review Tribunal for Wales.”
61. In section 79 (interpretation of Part 5) omit subsection (7).
62. In section 86(3) (removal of alien patients) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
63. In section 132(1)(b) (duty of managers of hospitals to give information to detained patients) for “Mental Health Review Tribunal” substitute “tribunal”.
64. In section 132A(1)(b) (duty of managers of hospitals to give information to community patients) for “Mental Health Review Tribunal” substitute “tribunal”.
65. In section 134(3) (correspondence of patients)—
(a) in paragraph (d) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”; and
(b) after paragraph (h) insert—
“and for the purposes of paragraph (d) above the reference to the First-tier Tribunal is a reference to that tribunal so far as it is acting for the purposes of any proceedings under this Act or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984(21).”
66. In section 145(1) (interpretation) after the definition of “application for admission for treatment” insert—
““the appropriate tribunal” has the meaning given by section 66(4) above;”.
67. In Schedule 2 (Mental Health Review Tribunals)—
(a) in the title for “Tribunals” substitute “Tribunal for Wales”;
(b) in paragraph 1 for “Each of the Mental Health Review Tribunals” substitute “The Mental Health Review Tribunal for Wales”;
(c) in paragraph 2 for “Mental Health Review Tribunals” substitute “the Mental Health Review Tribunal for Wales”;
(d) in paragraph 2A for “a Mental Heath Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”;
(e) in paragraph 3, as it has effect before the commencement of section 38(6) of the Mental Health Act 2007, for “each Mental Health Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”;
(f) in paragraph 3, as it has effect after the commencement of section 38(6) of that Act, omit sub-paragraph (1);
(g) in paragraph 4 for “a Mental Health Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”; and
(h) omit paragraph 5.
68. In paragraph 34(4) of Schedule 5 (transitional and saving provisions) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”.
69. In paragraph 5 of the Schedule to the Repatriation of Prisoners Act 1984 (operation of mental health legislation in relation to the prisoner)—
(a) in sub-paragraph (2) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”; and
(b) after that sub-paragraph insert—
“(2A) For the purposes of sub-paragraph (2) above “the appropriate tribunal” means—
(a) the First-tier Tribunal, in any case where the prisoner is detained in England;
(b) the Mental Health Review Tribunal for Wales, in any case where the prisoner is detained in Wales; and
(c) the Mental Health Review Tribunal for Northern Ireland, in any case where the prisoner is detained in Northern Ireland.”
70. In section 7(2)(a) of the Disabled Persons (Services, Consultation and Representation) Act 1986(22) (persons discharged from hospital) for “a Mental Health Review Tribunal” substitute “the First-tier Tribunal or the Mental Health Review Tribunal for Wales”.
71. The Children Act 1989(23) is amended as follows.
72. In section 65(3)(b) (persons disqualified from carrying on, or being employed in, children’s homes) for “Tribunal established under section 9 of the Protection of Children Act 1999” substitute “First-tier Tribunal”.
73. In section 65A(1) (appeal against refusal of authority to give consent under section 65) for “Tribunal established under section 9 of the Protection of Children Act 1999” substitute “First-tier Tribunal”.
74. Omit section 79B(8) (other definitions, etc).
75. In section 79H(2) (suspension of registration) before “Tribunal” insert “First-tier”.
76. In section 79M(1) and (2) (appeals) before “Tribunal” insert “First-tier”.
77. The Child Support Act 1991(24) is amended as follows.
78. In section 16(1A)(c) (revision of decisions)(25) for “an appeal tribunal” substitute “the First-tier Tribunal”.
79. In section 17(1)(decisions superseding earlier decisions)(26)—
(a) in paragraphs (b) and (d) for “an appeal tribunal” substitute “the First-tier Tribunal”; and
(b) in paragraph (e) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
80. In section 20 (appeals to appeal tribunals)(27) as it has effect without the substitution made by section 10 of the Child Support, Pensions and Social Security Act 2000—
(a) in the heading for “appeal tribunals” substitute “First-tier Tribunal”;
(b) in subsections (1) to (3) and (7) for “an appeal tribunal” substitute “the First-tier Tribunal”; and
(c) in subsection (5) omit paragraph (b) (together with the “and” immediately before it).
81. In section 20 (appeals to appeal tribunals) as substituted by section 10 of that Act—
(a) in the heading for “appeal tribunals” substitute “First-tier Tribunal”;
(b) in subsections (1), (7) and (7A)(28) for “an appeal tribunal” substitute “the First-tier Tribunal”;
(c) in subsection (4) omit paragraph (b) (together with the “and” immediately before it); and
(d) in subsection (8) for “appeal tribunal” substitute “First-tier Tribunal”.
82. Omit section 22 (Child Support Commissioners)(29).
83. In section 23(3) (Child Support Commissioners for Northern Ireland) omit “, subject to the modifications set out in paragraph 8”.
84. In section 23A (redetermination of appeals)(30)—
(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 20”;
(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”.
85. In section 24 (appeal to Child Support Commissioner)(31)—
(a) for the heading substitute “Appeals to Upper Tribunal”;
(b) for subsection (1), as it has effect before the substitution made by paragraph 16(2) of Schedule 3 to the Child Maintenance and Other Payments Act 2008, substitute—
“(1) Each of the following may appeal 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 20 of this Act—
(a) the Secretary of State, and
(b) any person who is aggrieved by the decision of the First-tier Tribunal.”;
(c) in subsection (1), as it has effect after the substitution made by paragraph 16(2) of Schedule 3 to the Child Maintenance and Other Payments Act 2008, for “to a Child Support Commissioner on a question of law” 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 20 of this Act”; and
(d) for subsections (2) to (9) substitute—
“(2) Where a question which would otherwise fall to be determined by the Commission or the Secretary of State under this Act first arises in the course of an appeal to the Upper Tribunal, that tribunal may, if it thinks fit, determine the question even though it has not been considered by the Commission or the Secretary of State.”.
86. Omit section 25 (appeal from Child Support Commissioner on question of law)(32).
87. In section 28ZA(1)(b) (decisions involving issues that arise on appeal in other cases)(33), as it has effect both with and without the amendment made by paragraph 11(11)(b) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000(34), for “a Child Support Commissioner” substitute “the Upper Tribunal”.
88.—(1) Section 28ZB (appeals involving issues that arise on appeal in other cases)(35) is amended as follows.
(2) In subsection (1)(a), as it has effect both with and without the amendment made by paragraph 11(12)(a) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000, for “an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner” substitute “the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal”.
(3) In subsection (1)(b) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
(4) In subsection (2) for “tribunal or Child Support Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.
(5) In subsection (3)(a) and (b) for “tribunal” substitute “First-tier Tribunal”.
(6) In subsection (4)—
(a) for “appeal tribunal or Child Support Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;
(b) in paragraph (b) for “tribunal or Child Support Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.
(7) In subsection (5)—
(a) for “appeal tribunal or Child Support Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and
(b) for “tribunal or Child Support Commissioner” substitute “First-tier Tribunal or Upper Tribunal”.
(8) In subsection (7)(a) for “a Child Support Commissioner”, in both places, substitute “the Upper Tribunal”.
89. In section 28ZC (restrictions on liability in certain cases of error)(36)—
(a) in subsection (1)(a) for “a Child Support Commissioner” substitute “the Upper Tribunal”;
(b) in subsection (3) for “Commissioner” substitute “Upper Tribunal”;
(c) in subsection (6) in the definition of “adjudicating authority” for “an appeal tribunal” substitute “the First-tier Tribunal”; and
(d) in subsection (8)(a) and (b) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
90. In section 28ZD(1) (correction of errors and setting aside of decisions)(37)—
(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); and
(b) in subsection (2) omit “or set aside decisions”.
91. In section 28D (determination of applications)(38)
(a) in subsections (1)(b) and (3), as it has effect both with and without the amendments made by section 5(3)(a) of the Child Support, Pensions and Social Security Act 2000, for “an appeal tribunal” substitute “the First-tier Tribunal”.
92. In section 45 (jurisdiction of courts in certain proceedings under Act)(39)—
(a) in subsection (1)(a) for “an appeal tribunal” substitute “the First-tier Tribunal”;
(b) omit subsection (6); and
(c) in subsection (7) omit “or (6)”.
93. In section 46A(1) (finality of decisions)(40)—
(a) after “Subject to the provisions of this Act” insert “and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007”; and
(b) for “an appeal tribunal” substitute “the First-tier Tribunal”.
94. In section 46B(1) (matters arising as respects decisions)(41)—
(a) in paragraph (b) for “an appeal tribunal” substitute “the First-tier Tribunal”; and
(b) in paragraph (c) for “a Child Support Commissioner under section 24” substitute “the Upper Tribunal in relation to a decision of the First-tier Tribunal under this Act”.
95. In section 50 (unauthorised disclosure of information)(42)—
(a) in subsection (1A) before paragraph (a) insert—
“(za) any member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 in connection with the carrying out of any functions in relation to appeals from decisions made under this Act;”;
(b) in subsection (1A)(a) after “tribunal” insert “constituted under Chapter 1 of Part 1 of the Social Security Act 1998”;
(c) in subsection (1A)(b) for “an” substitute “any such”;
(d) in subsection (5) (as it has effect until the commencement of the repeal of that subsection made by Schedule 8 to the Child Maintenance and Other Payments Act 2008) in paragraph (c) after “an appeal tribunal” insert “constituted under Chapter 1 of Part 1 of the Social Security Act 1998”; and
(e) in subsection (5) (as it so has effect) after paragraph (d) insert—
“(da) any member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 in connection with the carrying out of any functions in relation to appeals from decisions made under this Act;”.
96. In section 54 (interpretation)(43) omit the definition of “appeal tribunal”.
97.—(1) Schedule 4 (Child Support Commissioners)(44) is amended as follows.
(2) In the heading after “Commissioners” insert “for Northern Ireland”.
(3) In paragraph 1—
(a) in sub-paragraph (1) after “Child Support Commissioner” insert “for Northern Ireland”; and
(b) omit sub-paragraphs (3) to (3B).
(4) In paragraph 2—
(a) in sub-paragraph (1)—
(i) omit “pensions,”; and
(ii) after “Child Support Commissioners” insert “for Northern Ireland”; and
(b) in sub-paragraph (2) after “Child Support Commissioner” insert “for Northern Ireland”.
(5) Omit paragraph 2A.
(6) For paragraph 3 substitute—
“3. A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.”.
(7) In paragraph 4—
(a) in sub-paragraph (1)—
(i) for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”; and
(ii) after “Child Support Commissioners”, in each place, insert “for Northern Ireland”;
(b) in sub-paragraph (2) after “Child Support Commissioner” insert “for Northern Ireland”;
(c) in sub-paragraph (2) for paragraph (a) (together with the “and” at the end of that paragraph) substitute—
“(a) from among persons who are barristers or solicitors of not less than the number of years’ standing specified in section 23(2); and”;
(d) in sub-paragraph (2)(b) for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”;
(e) in sub-paragraph (2A) after “Child Support Commissioner” insert “for Northern Ireland”; and
(f) for sub-paragraph (3) substitute—
“(3) Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.”
(8) Omit paragraphs 4A to 8.
98. In Schedule 4A(departure directions)(45), as it has effect without the substitution made by Part 1 of Schedule 2 to the Child Support, Pensions and Social Security Act 2000—
(a) omit paragraphs 2(b) and 8(2); and
(b) omit paragraph 9.
99. In Schedule 4A (applications for a variation), as substituted by Part 1 of Schedule 2 to the Child Support, Pensions and Social Security Act 2000, omit paragraphs 2(b) and 5(3).
100.—(1) Schedule 4C (decisions and appeals: departure directions and reduced benefit directions etc)(46) is amended as follows.
(2) In paragraph 1(c) for “an appeal tribunal” substitute “the First-tier Tribunal”.
(3) In paragraph 2 for “an appeal tribunal”, in each place, substitute “the First-tier Tribunal”.
(4) In paragraph 3(2) for “the appeal tribunal” substitute “the First-tier Tribunal”.
(5) In paragraph 4—
(a) in sub-paragraph (1)(a)(ii) for “an appeal tribunal” substitute “the First-tier Tribunal”;
(b) in sub-paragraph (1)(b) for “a Child Support Commissioner” substitute “the Upper Tribunal”; and
(c) in sub-paragraph (3)(a)(i) and (b)(i) for “appeal tribunal” substitute “First-tier Tribunal”.
(6) In paragraph 5(1)—
(a) in paragraph (a) for “an appeal tribunal” substitute “the First-tier Tribunal”; and
(b) in paragraph (b) for “a Child Support Commissioner” substitute “the Upper Tribunal”.
(7) In paragraph 6—
(a) in sub-paragraph (1)(a) for “a Child Support Commissioner” substitute “the Upper Tribunal”; and
(b) in sub-paragraph (3) for “an appeal tribunal” substitute “the First-tier Tribunal”.
101. The Social Security Administration Act 1992(47) is amended as follows.
102. In section 2B(6) (supplementary provisions relating to work-focused interviews) for “appeal tribunal” substitute “First-tier Tribunal”.
103. In section 71(2) (over-payments—general)—
(a) for “a tribunal” substitute “the First-tier Tribunal”; and
(b) for “a Commissioner” substitute “the Upper Tribunal”.
104.—(1) Schedule 4 (persons employed in social security administration or adjudication) is amended as follows.
(2) In Part 1 in the entry headed “Government departments” for “Lord Chancellor’s Department” substitute “Ministry of Justice”.
(3) In Part 1 in the entry headed “Adjudicating bodies” omit paragraph (a).
(4) In Part 1 in the entry headed “Former officers” at the end insert—
“The clerk to, or other officer or member of the staff of, an appeal tribunal.
The clerk to, or other officer or member of the staff of, a Pensions Appeal Tribunal for England and Wales.”
(5) In paragraph 3 of Part 2—
(a) for “Lord Chancellor’s Department” substitute “Ministry of Justice”;
(b) for “that Department” substitute “that Ministry”;
(c) in paragraph (a) after “functions of” insert “the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of”; and
(d) insert at the end—
“The reference in paragraph (b) to the Administrative Justice and Tribunals Council and the Scottish Committee of that Council includes a reference to the former Council of Tribunals and the Scottish Committee of that former Council.”.
(6) After that paragraph insert—
“3ZA. Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to—
(a) the former Lord Chancellor’s Department, and
(b) the former Department of Constitutional Affairs,
to the extent that the functions carried out by persons in its employ were, or were connected with, functions of the Chief, or any other, Social Security Commissioner (and paragraph 3 above does not apply for the purposes of this paragraph).”.
105. The Tribunals and Inquiries Act 1992(48) is amended as follows.
106. In section 11(1) (appeals from certain tribunals) omit “, 40B”.
107. In Part 1 of Schedule 1 (tribunals under direct supervision of the Council on Tribunals)—
(a) omit the entry at paragraph 2A relating to asylum-seekers support;
(b) omit the entry at paragraph 12 relating to criminal injuries compensation;
(c) in the entry relating to pensions, in the second column, omit paragraph 35(a) and (b);
(d) omit the entry at paragraph 36B relating to the protection of children and vulnerable adults, and care standards; and
(e) in the entry relating to special educational needs and disability discrimination, in the second column, omit paragraph 40B(a).
108. The Judicial Pensions and Retirement Act 1993(49) is amended as follows.
109. In Part 2 of Schedule 1(50) (other appointments – members of tribunals) omit—
(a) the first entry beginning “Chief or other Child Support Commissioner”;
(b) the entry relating to the chairman of a Mental Health Review Tribunal for England;
(c) the entry relating to an Asylum Support Adjudicator; and
(d) the entry relating to the President of the tribunal constituted under section 9 of the Protection of Children Act 1999 and members of the chairmen’s panel appointed under paragraph 1(1)(b) of the Schedule to that Act.
110. In Schedule 5(51) (retirement provisions: the relevant offices) omit—
(a) the first entry beginning “Chief or other Child Support Commissioner”;
(b) the entry relating to an Asylum Support Adjudicator; and
(c) the entry relating to the President of the tribunal constituted under section 9 of the Protection of Children Act 1999 and members of the chairmen’s panel appointed under paragraph 1(1)(b) of the Schedule to that Act.
111. The Pensions Schemes Act 1993(52) is amended as follows.
112. In section 170(6) (decisions and appeals) for “appeal tribunal” substitute “First-tier Tribunal”.
113. In section 171A(1) (reports by Inland Revenue) for “an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998” substitute “the First-tier Tribunal”.
114. The Disability Discrimination Act 1995(53) is amended as follows.
115. In section 28H (tribunals)—
(a) omit subsection (1);
(b) in subsection (2) omit the definition of “the Tribunal” (together with the “and” following that definition); and
(c) in subsection (3)—
(i) for “those tribunals” substitute “the Welsh Tribunal”; and
(ii) for “each of them” substitute “the Welsh Tribunal”.
116. In section 28I(5)(a) (jurisdiction and powers of the Tribunal) for “Tribunal” substitute “First-tier Tribunal”.
117. In section 28J (procedure)—
(a) in subsection (1)—
(i) after “Regulations may” insert “, with the agreement of the Welsh Ministers,”;
(ii) in paragraph (a) before “Tribunal” insert “Welsh”; and
(iii) in paragraph (b) after “claim” insert “to the Welsh Tribunal”;
(b) in subsection (2)(b) and (k) before “Tribunal” insert “Welsh”;
(c) omit subsection (2A);
(d) in subsection (3) omit “the Tribunal or”;
(e) in subsection (5)—
(i) after “State may” insert “, with the agreement of the Welsh Ministers,”; and
(ii) omit “the Tribunal or”;
(f) omit subsection (6);
(g) in subsection (7) omit “the Tribunal or”;
(h) in subsection (8)(b) for “Tribunal” substitute “First-tier Tribunal”;
(i) after subsection (9) insert—
“(9A) A person who without reasonable excuse fails to comply with a requirement which—
(a) is imposed by Tribunal Procedure Rules in relation to claims of unlawful discrimination under this Chapter made to the First-tier Tribunal, and
(b) corresponds to a requirement mentioned in subsection (9)(a) or (b),
is guilty of an offence.”; and
(j) in subsection (10) after “subsection (9)” insert “or (9A)”.
118. After section 28J insert—
28JA.—(1) A party to any proceedings under this Chapter 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.”
119. In section 28M(5) (roles of the Secretary of State and the Welsh Ministers) for “Tribunal” substitute “First-tier Tribunal”.
120. In section 28N(5)(b) (civil proceedings: Scotland) for “Tribunal” substitute “First-tier Tribunal”.
121. In paragraph 10 of Part 3 of Schedule 3 (discrimination in schools) in sub-paragraphs (1), (3) and (4) omit “Tribunal or the”.
122. The Criminal Injuries Compensation Act 1995(54) is amended as follows.
123. In section 1(4) (the Criminal Injuries Compensation Scheme) omit the definition of “adjudicator”.
124. In section 5 (appeals)—
(a) for subsections (1) to (7) substitute—
“(1) The Scheme shall include provision for rights of appeal to the First-tier Tribunal against decisions taken on reviews under provisions of the Scheme made by virtue of section 4.”; and
(b) in subsection (9) for “adjudicator or adjudicators” substitute “First-tier Tribunal”.
125. In section 9 (financial provisions)—
(a) in subsection (1) omit “(other than adjudicators)”; and
(b) omit subsections (2) and (3).
126. In section 11(4) (parliamentary control) omit paragraph (b) (together with the “or” immediately before it).
127. The Education Act 1996(55) is amended as follows.
128. In section 313(5) (code of practice)—
(a) omit “(except sections 333 to 336)”; and
(b) in paragraph (a) for “the Special Educational Needs and Disability Tribunal” substitute “the First-tier Tribunal”.
129. In section 326A(6) (unopposed appeals)—
(a) in paragraph (a) for “to the Special Educational Needs and Disability Tribunal” substitute “against a decision of a local education authority in England”; and
(b) in paragraph (b) for “to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales” substitute “against a decision of a local education authority in Wales, by the Welsh Ministers”.
130. In section 333 (constitution of tribunal)—
(a) in the title before “Tribunal” insert “Welsh”;
(b) omit subsection (1Z);
(c) after that subsection insert—
“(1ZA) There continues to be a tribunal known as Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.
(1ZB) In this section and sections 334 to 336ZB “Welsh Tribunal” means Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.”;
(d) in subsections (1), (2)(a) to (c) and (5)(a) and (b) before “Tribunal” insert “Welsh”;
(e) in subsection (4) after “appointed by” insert “the Welsh Ministers with the agreement of”;
(f) in subsection (5)—
(i) for “Regulations may” substitute “Regulations made by the Welsh Ministers with the agreement of the Secretary of State may”; and
(ii) in paragraph (b) for “Secretary of State considers” substitute “Welsh Ministers , with the agreement of the Secretary of State, consider”; and
(g) for subsection (6) substitute—
“(6) The Welsh Ministers may provide such staff and accommodation as the Welsh Tribunal may require.”
131. In section 334 (the President and members of the panels)—
(a) in subsection (2) after “prescribed” insert “in regulations made by the Welsh Ministers with the agreement of the Secretary of State”; and
(b) in subsection (5)(a) for “Secretary of State” substitute “Welsh Ministers”.
132. For section 335(1) and (2) (remuneration and expenses) substitute—
“(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—
1984 c.47. Back [21]
1986 c.33. Back [22]
1989 c.41. Section 65(3)(b) was substituted and section 65A was inserted by paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14). Sections 79B, 79H and 79M were inserted by section 79(1) of that Act. Back [23]
Section 16 was substituted by section 40 of the Social Security Act 1998 (c.14). Subsection (1A) was inserted by section 8 of the Child Support, Pensions and Social Security Act 2000 (c.19). Back [25]
Section 17 was substituted by section 41 of the Social Security Act 1998 (c.14). Paragraphs (c) to (e) of subsection 17(1) were substituted for previous Paragraph (c) by section 9 of, and Part 1 of Schedule 9 to, the Child Support, Pensions and Social Security Act 2000 (c.19). Back [26]
Section 20 was substituted by section 42 of the Social Security Act 1998 (c.14). Back [27]
Subsection (7A) was inserted by paragraph 1(6) of Schedule 7 to the Child Maintenance and Other Payments Act 2008 (c.6). Back [28]
Section 22 was amended by paragraph 22(1) and (2) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15), paragraph 29 of Schedule 7 to the Social Security Act 1998 (c.14) and article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (3) were further transferred to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750). Back [29]
Section 23A was inserted by section 11 of the Child Support, Pensions and Social Security Act 2000 (c.19). Back [30]
Section 24 was amended by paragraph 30 of Schedule 7 to the Social Security Act 1998 (c.19) and the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (9) were transferred further to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750). Back [31]
Section 25 was amended by the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (3) were further transferred to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750). Back [32]
Section 28ZA was inserted by section 43 of the Social Security Act 1998 (c.14). Back [33]
Section 28ZB was inserted by section 43 of the Social Security Act 1998 (c.14). Back [35]
Section 28ZC was inserted by section 44 of the Social Security Act 1998 (c.14). Subsection (6) was amended by paragraph 11(1) and (13)(e) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000 (c.19). Back [36]
Section 28ZD was inserted by section 44 of the Social Security Act 1998 (c.14). Back [37]
Section 28D was inserted by section 4 of the Child Support Act 1995 (c.34). Subsections (1)(b) and (3) were amended by paragraph 36 of Schedule 7 to the Social Security Act 1998 (c.14). Back [38]
Subsections (1) and (6) of section 45 were amended by paragraph 42 of Schedule 7 to the Social Security Act 1998 (c.14) and subsection (6) was also amended by article 2(1) of, and the Schedule to, the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Back [39]
Section 46A was inserted by paragraph 44 of Schedule 7 to the Social Security Act 1998 (c.14). Back [40]
Section 46B was inserted by paragraph 44 of Schedule 7 to the Social Security Act 1998 (c.14). Back [41]
Section 50(1A) was inserted by paragraph 1(20) of Schedule 7 to the Child Maintenance and Other Payments Act 2008 c.6. Back [42]
In section 54 the definition of “appeal tribunal” was inserted by paragraph 47(a) of Schedule 7 to the Social Security Act 1998 (c.14). Back [43]
Paragraphs 1(3A) and (3B) and 8(ab) were inserted by paragraphs 218 and 221(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Paragraphs 2A and 8(bb) were inserted by paragraph 18(1) and (2) of Schedule 3 to the Child Support Act 1995 (c.34) and sub-paragraph (1) substituted by paragraph 51 of Schedule 7 to the Social Security Act 1998 (c.14). Paragraph 4(2)(a) was amended by paragraph 22(1) and (4) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15). The effect of the amendment to paragraph 8 made by paragraph 22(5) of that Schedule has been retained in the amendments made by paragraph 97(7)(c) of this Schedule. Paragraph 4A was inserted by section 17(1) of the Child Support Act 1995 (c.34). Paragraphs 5 and 6 were amended by paragraph 52 of Schedule 7 to the Social Security Act 1998 (c.14). Paragraph 7 was amended by paragraph 23(4) of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c.8). Paragraph 8(aa) was inserted by paragraph 47 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c.26) and sub-Paragraphs (ai) and (ia) of paragraph 8(d) were inserted by paragraph 22 of Schedule 3 of that Act. Back [44]
Schedule 4A was inserted by section 1 of, and Schedule 1 to, the Child Support Act 1995 (c.34) and was amended by paragraph 53 of Schedule 7 to the Social Security Act 1998 (c.14). Back [45]
Schedule 4C was repealed by the Part 1 of Schedule 9 to the Child Support, Pensions and Social Security Act 2000 (c.19) but remains in for force for certain cases until a day to be appointed. Back [46]
1992 c.5. Section 2B was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c.30). Section 71(2) was inserted by section 1(2) of the Social Security (Overpayments) Act 1996 (c.51) and amended by paragraph 81(1) of Schedule 7 to the Social Security Act 1998 (c.14). In Part 1 of Schedule 4 the entry at (a) under “adjudicating bodies” was amended by paragraph 113(b) of Schedule 7 to the Social Security act 1998 (c.14). Back [47]
1992 c.53. Section 11(1) was amended by paragraph 20 of Schedule 8 to the Special Educational Needs and Disability Act 2001 (c.10). In Schedule 1 the entry relating to an Asylum Support Adjudicator was inserted by paragraphs 94 and 95 of Schedule 14 to the Immigration and Asylum Act 1999 (c.33). The entry relating to adjudicators appointed under the Criminal Injuries Compensation Act 1995 was substituted by section 5(8) of the Criminal Injuries Compensation Act 1995 (c.53). The entry relating to the tribunal constituted under section 9 of the Protection of Children Act 1999 was inserted by paragraph 8 of the Schedule to the Protection of Children Act 1999 (c.14) and amended by paragraph 21 of Schedule 4 to the Care Standards Act 2000 (c.14). The entry relating to the Special Educational Needs and Disability Tribunal was inserted by paragraphs 19 and 22 of Schedule 8 to, the Special Educational Needs and Disability Act 2001 (c.10) and amended by paragraph 15(a) of Schedule 18 to the Education Act 2002 (c.32). Back [48]
In Schedule 1: the entry relating to the chairman of a Mental Health Review Tribunal for England was inserted by the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2003 (S.I. 2003/2589) and amended by article 2(1) of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2008 (S.I. 2008/171); the entry relating to an Asylum Support Adjudicator was inserted by articles 2 and 3 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2007 (S.I. 2007/675); and the entry relating to the President of the tribunal constituted under the Protection of Children Act 1999 and members of the chairmen’s panel appointed under paragraph 1(1)(b) of the Schedule to that Act was inserted by article 2 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2007 (S.I. 2007/2185). Back [50]
In Schedule 5: the entry relating to an Asylum Support Adjudicator was inserted by article 4 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2007 (S.I. 2007/675); and the entry relating to the President of the tribunal constituted under the Protection of Children Act 1999 and members of the chairmen’s panel appointed under paragraph 1(1)(b) of the Schedule to that Act was inserted by article 3 of the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2007 (S.I. 2007/2185). Back [51]
1993 c.48. Section 170 was substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998 (c.14). Section 171A was inserted by section 18 of, and paragraph 20 of Schedule 7 to, the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2). Back [52]
1995 c.50. Section 28H was inserted by section 17 of the Special Educational Needs and Disability Act 2001 (c.10); the heading and subsection (2) of that section were substituted by paragraph 8 of Schedule 18 to the Education Act 2002 (c.32). Section 28I was inserted by section 18 of the 2001 Act; subsection (5) was inserted by paragraph 9 of Schedule 18 to the 2002 Act. Section 28J was inserted by section 19 of the 2001 Act; subsection (2A) was inserted and subsections (3) and (5) to (8) were amended by paragraph 10 of Schedule 18 to the 2002 Act; and subsections (2A) and (6) were amended by paragraph 53 of Schedule 1 to the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388). Section 28M was inserted by section 22 of the 2001 Act and subsection (5) was amended by paragraph 11 of Schedule 18 to the 2002 Act. Section 28N was inserted by section 23 of the 2001 Act and subsection (5) was amended by paragraph 24 of Schedule 1 to the Disability Discrimination Act 2005 (c.13). Part 3 of Schedule 3 was inserted by paragraph 1 of Schedule 3 to the 2001 Act and amended by paragraph 12 of Schedule 18 to the 2002 Act. Back [53]
1995 c.53. The definition of “adjudicator” in section 1(4) and section 5 were amended, and subsections (1A) and (1B) of section 5 were inserted, by paragraph 2 of Schedule 10 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999 (S.I. 1999/1747). Back [54]
1996 c.56. Section 313(5) was inserted by paragraph 2 of Schedule 18 to the Education Act 2002 (c.32). Section 326A was inserted by section 5 of the Special Educational Needs and Disability Act 2001 (c.10) and subsection (6) of that section was substituted by paragraph 3 of Schedule 18 to the 2002 Act. In section 333, subsection (1Z) was inserted by paragraph 4 of Schedule 18 to the 2002 Act and subsection (1) was substituted by paragraph 3 of Schedule 8 to the 2001 Act. Section 336 was amended by paragraph 13 of Schedule 8 to the 2001 Act. Section 336ZA was inserted by paragraph 5 of Schedule 18 to the 2002 Act. Section 336A was inserted by section 4 of the 2001 Act and subsection (2) of that section was substituted by paragraph 6 of Schedule 18 to the 2002 Act. Back [55]
The Transfer of Tribunal Functions Order 2008