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Article 5(1) and (4)
1. In section 62(3) of the Pastoral Measure 1983(167) (power to impose and enforce covenants) for “Lands Tribunal” substitute “Upper Tribunal”.
2. In section 22(7) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991(168) (power of bishop to remove legal effects of consecration) for “Lands Tribunal” substitute “Upper Tribunal”.
Article 5(5)
Column 1 Enactment repealed or revoked |
Column 2 Reference |
Column 3 Extent of repeal or revocation |
|---|---|---|
| Conveyancing and Feudal Reform (Scotland) Act 1970 | 1970 c.35 | section 50(1) |
| Local Government, Planning and Land Act 1980 | 1980 c.65 | paragraph 3 of Schedule 33 |
| Courts and Legal Services Act 1990 | 1990 c.41 | paragraph 7 of Schedule 10 |
| Arbitration Act 1996 | 1996 c.23 | paragraph 6 of Schedule 3 |
| Scotland Act 1998 | 1998 c.46 | paragraph 9(a) of Schedule 8 |
| Constitutional Reform Act 2005 | 2005 c.4 | paragraph 34 of Part 1 of Schedule 4 and the entry relating to the Lands Tribunal Act 1949 in paragraph 6(3) of part 3 of Schedule 11 |
| Tribunals, Courts and Enforcement Act 2007 | 2007 c.15 | paragraph 5 of Schedule 10 |
| Pensions Increase (Judicial Pensions) (Amendment) Regulations 1973 | S.I. 1973/495 | paragraph 10 of the Schedule |
| Pensions Increase (Judicial Pensions) (Amendment) Regulations 1974 | S.I. 1974/984 | paragraph 10 of the Schedule |
| Lands Tribunal (Fees) Rules 1996 | S.I. 1996/1021 | the whole Rules |
| Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999 | S.I. 1999/648 | article 2(3) |
| Civil Procedure (Modification of Enactments) Order 2000 | S.I. 2000/941 | the whole Order |
| Contracting Out of Functions (Tribunal Staff) Order 2001 | S.I. 2001/3539 | the whole Order |
| Lands Tribunal (Fees) (Amendment) Rules 2002 | S.I. 2002/770 | the whole Rules |
| Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 | S.I. 2006/680 | paragraph 54 of Schedule 1 |
Article 5(6)
1. Any proceedings before the Lands Tribunal which are pending immediately before 1st June 2009 shall continue on and after 1st June 2009 as proceedings before the Upper Tribunal.
2.—(1) The following sub-paragraphs apply where proceedings are continued in the Upper Tribunal by virtue of paragraph 1.
(2) Where a hearing began before 1st June 2009 but was not completed by that date, the Upper Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.
(3) The Upper 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 June 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 June 2009 remains in force on and after that date as if it were a direction or order of the Upper Tribunal.
(6) A time period which has started to run before 1st June 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 June 2009.
3. Where an appeal lies to a court from any decision made by the Lands Tribunal before 1st June 2009, that right of appeal has not been exercised, and the time to exercise that right of appeal has not expired prior to 1st June 2009, section 13 of the Tribunals, Courts and Enforcement Act 2007(169) (right to appeal to Court of Appeal etc.) shall apply as if the decision were a decision made on or after 1st June 2009 by the Upper Tribunal, and any reference to the Lands Tribunal in legislation relating to such an appeal, express or otherwise, is to be taken as a reference to the Upper Tribunal.
4. Any case to be remitted by a court on or after 1st June 2009 and which, if it had been remitted before 1st June 2009 would have been remitted to the Lands Tribunal, shall be remitted to the Upper Tribunal.
5. Staff appointed to the Lands Tribunal before 1st June 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 Lands Tribunal before 1st June 2009 is to be treated as a decision of the Upper Tribunal on or after 1st June 2009.
1983 No.1. Subsection (3) was inserted by section 8 of the Pastoral (Amendment) Measure 1994 (1994 No.1). Back [167]
The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009