Office of Public Sector Information
SCHEDULE 2 continued
93. In regulation 14 of the Hedgerows Regulations 1997(147) (rights of entry: supplementary provisions)—
(a) in paragraph (5) for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) in paragraph (6) for “sections 2 and” substitute “section”.
94. In paragraph 6 of the Schedule to the Anti-Pollution Works Regulations 1999(148) (compensation for grant of rights)—
(a) in sub-paragraph (1) for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) in sub-paragraph (2)—
(i) for “sections 2 and” substitute “section”;
(ii) omit “procedure on references to the Lands Tribunal and”; and
(iii) omit paragraph (a) and the following “and”.
95. In regulation 20 of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003(149) (permission to appeal) for “Lands Tribunal” substitute “Upper Tribunal”.
96. The Fur Farming (Compensation Scheme) (England) Order 2004(150) is amended as follows.
97. In regulation 5(3)(b) (determination of entitlement to compensation) for “Lands Tribunal” substitute “Upper Tribunal”.
98. In regulation 6(3)(c) and (4)(b) (determination as to amount) for “Lands Tribunal” substitute “Upper Tribunal”.
99. In the Schedule to the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004(151) (forms)—
(a) in Form 8 (notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order), in paragraph 3 for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) in Form 9 (notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council), in paragraph 3 for “Lands Tribunal” substitute “Upper Tribunal”.
100. The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005(152) are amended as follows.
101. In regulation 4(1)(e) and (3)(b)(ii) and (c) (circumstances in which proposals may be made) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
102. In regulation 8(10)(b)(i) and (ii) (invalid proposals) for “Lands Tribunal” substitute “Upper Tribunal”.
103. In regulation 17(4)(b) and (5)(b)(i) and (ii) (notification of alteration) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
104. In regulation 35(2), (5)(c) and (9) (review of decisions) for “Lands Tribunal”, in each place, substitute “Upper Tribunal”.
105. In regulation 37 (appeals)—
(a) in paragraphs (1), (5) and (6) for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) omit paragraphs (3) and (4).
106. In regulation 39(1)(b), (3) and (4) (notification of further proceedings) for “Lands Tribunal” substitute “Upper Tribunal”.
107. In Schedule 1 to the Public Contracts Regulations 2006(153) (GPA annex 1 contracting authorities) omit the entry relating to the Lands Tribunal.
108. The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006(154) are amended as follows.
109. In regulation 11(1)(g) (registers of licences) for “Lands Tribunal” substitute “Upper Tribunal”.
110. In regulation 12(1)(g) (registers of temporary exemption notices) for “Lands Tribunal” substitute “Upper Tribunal”.
111. In regulation 13(1)(f) (registers of management orders) for “Lands Tribunal” substitute “Upper Tribunal”.
112. In regulation 35(1), (2) and (6) of the Residential Property Tribunal Procedure (England) Regulations 2006(155) for “Lands Tribunal” substitute “Upper Tribunal”.
113. In Schedule 2 to the Contaminated Land (England) Regulations 2006(156) (compensation for rights of entry etc.)—
(a) in paragraph 5(3) for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) in paragraph 6—
(i) in sub-paragraphs (2)(c) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and
(ii) for sub-paragraph (4) substitute—
“(4) In relation to the determination of any such question, section 4 of the 1961 Act (costs) applies as if the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.”.
114. The Transport and Works (Model Clauses for Railways and Tramways) Order 2006(157) is amended as follows.
115. In Schedule 1 (model clauses for railways)—
(a) in clause 1(1) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) in paragraph 5 of Schedule 8, in the provisions substituted for section 8 of the Compulsory Purchase Act 1965, in subsection (1)(a) for “Lands Tribunal” substitute “Upper Tribunal”.
116. In Schedule 2 (model clauses for tramways)—
(a) in clause 1(1) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) in paragraph 5 of Schedule 8, in the provisions substituted for section 8 of the Compulsory Purchase Act 1965, in subsection (1)(a) for “Lands Tribunal” substitute “Upper Tribunal”.
117. In paragraph 9 of Schedule 4 to the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006(158) (review of decisions and consents) for “Lands Tribunal” substitute “Upper Tribunal”.
118. In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006(159) (bodies of which all members are disqualified) omit the entry for the Lands Tribunal.
119. In regulation 3(b) of the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007(160) (form and content of summary of rights and obligations of interest), in paragraph (6) of the statement for “Lands Tribunal” substitute “Upper Tribunal”.
120. In regulation 2(b) of the Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007(161) (form and content of summary of rights and obligations), in paragraph (7) of the statement for “Lands Tribunal” substitute “Upper Tribunal”.
121. In article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007(162) (list of tribunals) omit the entries relating to—
(a) the Commissioners for the general purposes of the income tax for England and Wales;
(b) the Commissioners for the special purposes of the Income Tax Acts;
(c) the Lands Tribunal;
(d) the tribunal established under section 706 of the Income and Corporation Taxes Act 1988;
(e) the tribunal established under section 704 of the Income Tax Act 2007; and
(f) VAT and Duties Tribunals for England, Wales and Northern Ireland.
122. The Environmental Permitting (England and Wales) Regulations 2007(163) are amended as follows.
123. In regulation 72 after paragraph (10) add—
“(11) In the application of any provision by virtue of this regulation—
(a) any reference to the Lands Tribunal must be read as a reference to the Upper Tribunal;
(b) any reference to section 2 of the Land Compensation Act 1961 must be omitted; and
(c) for the purposes of the Tribunal Procedure (Upper Tribunal) (Land Chamber) Rules 2009, any proceedings to which section 2 of the Land Compensation Act 1961 would have applied but for sub-paragraph (b) shall be proceedings on a compulsory purchase compensation reference.”.
124. In paragraph 26 of Schedule 5 (environmental permits – payment of compensation)—
(a) in sub-paragraphs (2)(c) and (3) for “Lands Tribunal” substitute “Upper Tribunal”; and
(b) for sub-paragraph (4) substitute—
“(4) In relation to the determination of such a question, section 4 of the Land Compensation Act 1961 applies as if the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.”
125. In article 2(1) of the London Gateway Port Harbour Empowerment Order 2008(164) (interpretation) in the definition of “the tribunal” for “Lands Tribunal” substitute “Upper Tribunal”.
126. In Part 1 of Schedule 1 to the Judicial Appointments Order 2008(165) (offices for which a Fellow of the Institute of Legal Executives holds a relevant qualification) at the end of the list add—
“Adjudicators appointed under regulation 9 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008(166)”.
S.I. 1997/1160. Back [147]
S.I. 1999/1006. Back [148]
S.I. 2003/2099. Back [149]
S.I. 2004/1964. Back [150]
S.I. 2004/2595. Back [151]
S.I. 2005/659. Back [152]
S.I. 2006/5. Back [153]
S.I. 2006/373. Back [154]
S.I. 2006/831. Back [155]
S.I. 2006/1380. Back [156]
S.I. 2006/1954. Back [157]
S.I. 2006/2522. Back [158]
S.I. 2006/3335. Back [159]
S.I. 2007/1257. Back [160]
S.I. 2007/1258. Back [161]
S.I. 2007/2951. Back [162]
S.I. 2007/3538. Back [163]
S.I. 2008/1261. Back [164]
S.I. 2008/2995. Back [165]
S.I. 2008/609. Back [166]
The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009