Explanatory note

The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655) (“the 2010 Order”) organises the First-tier Tribunal and Upper Tribunal into chambers and makes provision for the allocation of those tribunals’ functions between the chambers.

This Order amends the 2010 Order to reflect the conferral of further jurisdiction on the First-tier Tribunal and Upper Tribunal (“the Tribunals”) by the Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026 (S.I. 2026/569) (“the 2026 Regulations”), and to allocate those proceedings to the appropriate chambers. Under the 2026 Regulations, jurisdiction is transferred from the courts to the Tribunals in relation to proceedings under Part 2 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure for business, professional and other tenants) (“the 1954 Act”), where a tenancy is a “subsisting agreement”, within the meaning given in Schedule 2 to the Digital Economy Act 2017 (c. 30) and its main purpose is to confer “code rights” within the meaning of paragraph 3 of that Schedule. It also transfers jurisdiction for proceedings under section 34B of the 1954 Act (compensation for exercise of code rights).

Article 2(2) amends the functions of the Property Chamber of the First-tier Tribunal so that proceedings under Part 2 of the 1954 Act that have been conferred by the 2026 Regulations are allocated to that chamber.

Article 2(3) amends the functions of the Lands Chamber of the Upper Tribunal so that it may determine proceedings under Part 2 of the 1954 Act that have been transferred to it under Tribunal Procedure Rules. Rule 25 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) makes provision for such transfers.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.