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The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008

S.I. 2008/2835 · Made 29 October 2008 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 18 May 2018.

Tribunals And Inquiries

Made 29th October 2008

Coming into force 3rd November 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 145(1) of, and paragraph 15 of Schedule 4 to, the Tribunals, Courts and Enforcement Act 2007f1.

In accordance with paragraph 15(8) of that Act the Lord Chancellor has consulted the Senior President of Tribunals.

In accordance with section 49(5) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2007 c. 15.

Contents

  1. 1Citation and commencement
  2. 1AInterpretation
  3. 2Number of members of the First-tier Tribunal
  4. 3Number of members of the Upper Tribunal
  5. 4Tribunal consisting of single member
  6. 5Tribunal consisting of two or more members
  7. 6Tribunal consisting of two or more members
  8. 7Tribunal consisting of two or more members
  9. 8Tribunal consisting of two or more members
  10. Signature
  11. Explanatory note

1Citation and commencementI1

This Order may be cited as the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 and comes into force on 3rd November 2008.

1AInterpretationF1

In this Order—

  • “practice direction” means a direction made under section 23 of the Tribunals, Courts and Enforcement Act 2007 as to the practice and procedure of the First-tier Tribunal or the Upper Tribunal that contains criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter.

2Number of members of the First-tier TribunalF1I1

(1)

The number of members of the tribunal who are to decide any matter that falls to be decided by the First-tier Tribunal must be determined by the Senior President of Tribunals in a practice direction in accordance with paragraphs (2) and (3) below.

(2)

The Senior President of Tribunals must determine whether the tribunal consists of one, two or three members.

(3)

The Senior President of Tribunals must have regard to—

(a)

the nature of the matter that falls to be decided and the means by which it is to be decided; and

(b)

the need for members of tribunals to have particular expertise, skills or knowledge.

3Number of members of the Upper TribunalI1

(1)

The number of members of the tribunal who are to decide any matter that falls to be decided by the Upper Tribunal is one unless determined otherwise under paragraph (2).

(2)

The tribunal may consist of two or three members if the Senior President of Tribunals so determines F1in a practice direction.

4Tribunal consisting of single memberI1

(1)

Where a matter is to be decided by a single member of a tribunal, it must be decided by a judge of the tribunal unless paragraph (2) applies.

(2)

The matter may be decided by one of the other members of the tribunal if the Senior President of Tribunals so determines.

5Tribunal consisting of two or more membersI1

The following articles apply where a matter is to be decided by two or more members of a tribunal.

6Tribunal consisting of two or more membersI1

The number of members who are to be judges of the tribunal and the number of members who are to be other members of the tribunal must be determined by the Senior President of Tribunals.

7Tribunal consisting of two or more membersI1

The Senior President of Tribunals must select one of the members (the “presiding member”) to chair the tribunal.

8Tribunal consisting of two or more membersI1

If the decision of the tribunal is not unanimous, the decision of the majority is the decision of the tribunal; and the presiding member has a casting vote if the votes are equally divided.

Signature

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

29th October 2008

Explanatory note

(This note is not part of the Order)

This Order makes provision, in relation to matters that fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter (articles 2 and 3). Provision is also made for determining whether the member or members of the tribunal are to be judges of the tribunal or other members of the tribunal (articles 4 and 6). Where a matter is to be decided by two or more members of a tribunal, the Senior President will select one member to chair the tribunal (article 7). If a decision of such a tribunal is not unanimous it will be decided by a majority and, if necessary, the chair will have a casting vote (article 8).

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