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Article 4(2)

SCHEDULE 2 Consequential amendment to secondary legislation

Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

1.  In article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007(12) (list of tribunals) omit the entry relating to the Charity Tribunal.

Article 4(3)

SCHEDULE 3 Repeals and revocations

Article 4(4)

SCHEDULE 4 Transitional and saving provisions

Transitional and saving provisions

1.  Any proceedings before the Charity Tribunal which are pending immediately before 1st September 2009 shall continue on and after 1st September 2009 as proceedings before the First-tier Tribunal.

2.—(1) The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal by virtue of paragraph 1.

(2) Where a hearing began before 1st September 2009 but was not completed by that date, the First-tier Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.

(3) The First-tier Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—

(a) apply any provision in procedural rules which applied to the proceedings before 1st September 2009; or

(b) disapply provisions of Tribunal Procedure Rules.

(4) In sub-paragraph (3) “procedural rules” means provision (whether called rules or not) regulating practice or procedure before a tribunal.

(5) Any direction or order given or made in proceedings which is in force immediately before 1st September 2009 remains in force on and after that date as if it were a direction or order of the First-tier Tribunal.

(6) A time period which has started to run before 1st September 2009 and which has not expired shall continue to apply.

(7) An order for costs may only be made if, and to the extent that, an order could have been made before 1st September 2009.

3.  Where an appeal lies to a court from any decision made by the Charity Tribunal before 1st September 2009, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st September 2009, section 11 of the Tribunals, Courts and Enforcement Act 2007(13) (right to appeal to Upper Tribunal) shall apply as if the decision were a decision made on or after 1st September 2009 by the First-tier Tribunal, and any reference to the Charity Tribunal in an enactment relating to such an appeal, express or otherwise, is to be taken as a reference to the First-tier Tribunal.

4.  Any case to be remitted by a court on or after 1st September 2009 and which, if it had been remitted before 1st September 2009, would have been remitted to the Charity Tribunal, shall be remitted to the First-tier Tribunal.

5.  Staff appointed to the Charity Tribunal before 1st September 2009 are to be treated on and after that date, for the purpose of any enactment, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services).

6.  A decision made by the Charity Tribunal before 1st September 2009 is to be treated as a decision of the First-tier Tribunal on or after 1st September 2009.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act creates a new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal (“the new tribunals”) are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable the functions of existing tribunals to be transferred into the new structure. This Order transfers the functions of the Charity Tribunal to the First-tier Tribunal and the Upper Tribunal, with the question as to which one of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules.

Transfer of functions of tribunals

Article 2 transfers the functions of the Charity Tribunal to the First-tier Tribunal and Upper Tribunal and abolishes the Charity Tribunal.

Transfer of members of tribunals

Article 3 provides for members of the Charity Tribunal to hold the offices of deputy judge of the Upper Tribunal, transferred-in judge of the First-tier Tribunal, or transferred-in other member of the First-tier Tribunal.

Consequential provisions

Article 4(1) to (3) brings Schedules 1 to 3 into effect. Schedule 1 contains consequential amendments to primary legislation, Schedule 2 contains a consequential amendment to secondary legislation and Schedule 3 contains consequential repeals and revocations of legislation. These amendments, repeals and revocations are made in consequence of the transfer of the functions of the Charity Tribunal to the First-tier Tribunal and the Upper Tribunal.

Transitional and saving provisions

Article 4(4) brings Schedule 4 into effect. Schedule 4 makes transitional and saving provisions for the treatment of cases which would previously have been dealt with by the Charity Tribunal, following the coming into force of this Order.

The Schedule provides for proceedings which have been started in the Charity Tribunal to be transferred to the First-tier Tribunal; new proceedings will be started in the First-tier Tribunal or the Upper Tribunal as determined under Tribunal Procedure Rules. In transferred cases the following provisions apply:

—a hearing which has already been commenced but not completed will need to be completed in the First-tier Tribunal but comprised of the same members;

—directions and orders made prior to this Order coming into force will continue in force as if they were directions or orders of the First-tier Tribunal;

—the First-tier Tribunal will be able to disapply amendments to the rules or apply the Charity Tribunal Rules 2008 as they applied to the Charity Tribunal, to ensure that proceedings are dealt with fairly;

—time limits which begin to run before this Order comes into force continue to apply after the Order comes into force; and

—the First-tier Tribunal will only be able to make a costs order if and to the extent that the Charity Tribunal could have made such an order.

Appeals against the decisions of the Charity Tribunal, if the appeal right has not been exercised before this Order comes into force and the time for doing so has not expired, are to be treated as appeals against the decisions of the First-tier Tribunal.

A Regulatory Impact Assessment was prepared for the Tribunals, Courts and Enforcement Act 2007. This can be found at:

http://www.justice.gov.uk/publications/tribunalscourtsandenforcementact.htm