Tribunals and Inquiries Act 1992

The chairman, or any person appointed to act as chairman, of any of the tribunals to which this subsection applies shall (without prejudice to any statutory provisions as to qualifications) be selected by the appropriate authority from a panel of persons appointed by the Lord Chancellor.

Members of panels constituted under this section shall hold and vacate office under the terms of the instruments under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.

Subsection (1) applies to any tribunal specified in F2paragraph 7(b) or 38(a) of Schedule 1.

In relation to the tribunals specified in paragraph 41(a), (b) and (c) of Schedule 1, this section has effect subject to sections 41 (social security appeal tribunals), 43 (disability appeal tribunals) and 50 (medical appeal tribunals) of the M1Social Security Administration Act 1992.

The person or persons constituting any tribunal specified in paragraph 31 of Schedule 1 shall be appointed by the Lord Chancellor, and where such a tribunal consists of more than one person the Lord Chancellor shall designate which of them is to be the chairman.

In this section, “the appropriate authority” means the Minister who apart from this Act would be empowered to appoint or select the chairman, person to act as chairman, members or member of the tribunal in question.

A panel may be constituted under this section for the purposes either of a single tribunal or of two or more tribunals, whether or not of the same description.

In relation to any of the tribunals referred to in this section which sits in Scotland, this section shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Lord President of the Court of Session.

In relation to a Reinstatement Committee mentioned in paragraph 38(a) of Schedule 1 which sits in Northern Ireland—

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to subsection (2), the power of a Minister F1. . . to terminate a person’s membership of any tribunal specified in Schedule 1, or of a panel constituted for the purposes of any such tribunal, shall be exercisable only with the consent of—

This section does not apply to any tribunal specified in paragraph 3 F4. . ., F59ZA, 12, 14 F615(f), 17, 18 . . ., 26, 33(a), F733AA. . . 34, 35 F8. . . (e) F9F10(i), (j), (k) or (l), 36(a) F1136AF12. . . , 39(b), 40, F13 48 or 56(a)F14 or 57A of Schedule 1.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Lord ChancellorF1... may make rules regulating the procedure to be followed in connection with statutory inquiries held by or on behalf of Ministers; and different provision may be made by any such rules in relation to different classes of such inquiries.

Any rules made by the Lord Chancellor under this section shall have effect, in relation to any statutory inquiry, subject to the provisions of the enactment under which the inquiry is held, and of any rules or regulations made under that enactment.

Subject to subsection (2), rules made under this section may regulate procedure in connection with matters preparatory to such statutory inquiries as are mentioned in subsection (1), and in connection with matters subsequent to such inquiries, as well as in connection with the conduct of proceedings at such inquiries.

Rules made by the Lord Chancellor under this section may include provision as to the circumstances in which, in statutory inquiries held in England—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the application of this section to inquiries held in Scotland—

In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision.

In the application of this section to inquiries held in Wales by or on behalf of the Welsh Ministers, the power in subsection (1) to make rules is exercisable by the Welsh Ministers (and not by the Lord Chancellor).

Subject to the provisions of this section and of section 14, where—

it shall be the duty of the tribunal or Minister to furnish a statement, either written or oral, of the reasons for the decision if requested, on or before the giving or notification of the decision, to state the reasons.

The statement referred to in subsection (1) may be refused, or the specification of the reasons restricted, on grounds of national security.

A tribunal or Minister may refuse to furnish a statement under subsection (1) to a person not primarily concerned with the decision if of the opinion that to furnish it would be contrary to the interests of any person primarily concerned.

Subsection (1) does not apply to any decision taken by a Minister after the holding by him or on his behalf of an inquiry or hearing which is a statutory inquiry by virtue only of an order made under section 16(2) unless the order contains a direction that this section is to apply in relation to any inquiry or hearing to which the order applies.

Subsection (1) does not apply—

Any statement of the reasons for a decision referred to in paragraph (a) or (b) of subsection (1), whether given in pursuance of that subsection or of any other statutory provision, shall be taken to form part of the decision and accordingly to be incorporated in the record.

If F3... it appears to the Lord Chancellor F4. . . that it is expedient that—

should be excluded from the operation of subsection (1) on the ground that the subject-matter of such decisions, or the circumstances in which they are made, make the giving of reasons unnecessary or impracticable, the Lord Chancellor . . . may by order direct that subsection (1) shall not apply to such decisions.

Where an order relating to any decisions has been made under subsection (7), the Lord Chancellor . . . may, by a subsequent order F5..., revoke or vary the earlier order so that subsection (1) applies to any of those decisions.

In relation to—

the power to make an order under subsection (7) or (8) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and those subsections are to be read accordingly.

In relation to—

the power to make an order under subsection (7) or (8) is exercisable by the Welsh Ministers (and not by any Minister of the Crown) and those subsections are to be read accordingly.

Subject to subsection (2), if any party to proceedings before any tribunal specified in paragraph 8, F115(a) or (d), 16, F2. . ., 24, 26, 31, 33(b) F3. . . F4, 40A . . .F5. . . or 45 of Schedule 1 is dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal from the tribunal to the High Court or require the tribunal to state and sign a case for the opinion of the High Court.

F6This section shall not apply in relation to—

Rules of court made with respect to all or any of the tribunals referred to in subsection (1) may provide for authorising or requiring a tribunal, in the course of proceedings before it, to state, in the form of a special case for the decision of the High Court, any question of law arising in the proceedings; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the Court within the meaning of section 16 of the M1F11Senior Courts Act 1981(jurisdiction of Court of Appeal to hear and determine appeals from judgments of the High Court).

In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—

and different provisions may be made for different tribunals.

An appeal to the Court of Appeal shall not be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The following provisions shall have effect for the application of this section to Scotland—

In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) F18. . . this section shall have effect with the following modifications—

Her Majesty may by Order in Council direct that all or any of the provisions of this section, so far as it relates to proceedings in the Isle of Man or any of the Channel Islands of the tribunal specified in paragraph 45 of Schedule 1, shall extend to the Isle of Man or to any of the Channel Islands subject to such modifications as may be specified in the Order.

In this section “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly.

As respects England and Wales—

shall not have effect so as to prevent the removal of the proceedings into the High Court by order of certiorari or to prejudice the powers of the High Court to make orders of mandamus.

As respects Scotland—

shall not have effect so as to prevent the exercise of any such jurisdiction.

Nothing in this section shall apply—

The Lord Chancellor F1. . . may by order amend Part I or Part II of Schedule 1 by adding to that Part any such tribunals, other than any of the ordinary courts of law, as may be provided by the order.

The Lord Chancellor . . . may by order make provision, as respects any tribunal for the time being specified in Schedule 1, not being a tribunal mentioned in section 6, for amending that section so as to apply any of the provisions of that section to the tribunal or for providing for the appointment by the Lord Chancellor, the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland of the chairman of the tribunal and of any person to be appointed to act as chairman.

The Lord Chancellor . . . may by order amend section 11 so as to apply that section to any tribunal for the time being specified in Schedule 1.

Any order under subsection (1), (2) or (3) may make any such adaptations of the provisions of this Act as may be necessary or expedient in consequence of the order.

The Lord Chancellor . . . may by order—

In relation to Northern Ireland, any power to make an order under this section is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and this section is to be read accordingly.

Nothing in this section authorises the making of an order with respect to a tribunal having jurisdiction only over matters with respect to which the Parliament of Northern Ireland had power to make laws.

References in this Act to the working or a decision of, or procedural rules for,—

do not include references to their working, decisions or procedure in the exercise of executive functions.

In this Act—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this Act, the functions of the Civil Aviation Authority referred to in paragraph 3 of Schedule 1 are to be taken to be confined to those prescribed for the purposes of section 7(2) of the M1Civil Aviation Act 1982.

Any power of the Lord Chancellor and the Lord Advocate or either of them to make rules or orders under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Any rules or orders made by the Department of Justice in Northern Ireland under this Act shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M1 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M2.

Any power of the Welsh Ministers to make rules or orders under this Act is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the National Assembly for Wales.

In this Act, except where the context otherwise requires—

• “decision”, “procedural rules” and “working”, in relation to a tribunal, shall be construed subject to section 14,

• F1...

• F2“enactment” includes an Act of the Scottish Parliament,

• “Minister” includes F3the F4Welsh Ministers and any Board presided over by a Minister,

• F5“Northern Ireland devolved provision” means provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998),

• F6...

• “statutory inquiry” means—

  1. (a)

     an inquiry or hearing held or to be held in pursuance of a duty imposed by any statutory provision, or

  2. (b)

     an inquiry or hearing, or an inquiry or hearing of a class, designated for the purposes of this section by an order under subsection (2),

• F7but does not include an inquiry or hearing held or to be held in Wales under any provision of the Town and Country Planning Act 1990, F8the Planning (Listed Buildings and Conservation Areas) Act 1990 Parts 3 to 5 of the Historic Environment (Wales) Act 2023 or the Planning (Hazardous Substances) Act 1990, and

• “statutory provision” means a provision contained in, or having effect under, any enactment,

• F9...

The Lord Chancellor F10. . . may by order designate for the purposes of this section any inquiry or hearing held or to be held in pursuance of a power conferred by any statutory provision specified or described in the order, or any class of such inquiries or hearings.

In relation to inquiries or hearings held or to be held in Northern Ireland, the power to make an order under subsection (2) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and subsection (2) is to be read accordingly.

The power to make an order under subsection (2) is not exercisable in relation to inquiries or hearings held or to be held in Wales by or on behalf of the Welsh Ministers.

The Welsh Ministers may by order designate for the purposes of this section any inquiry or hearing held or to be held in Wales by or on behalf of the Welsh Ministers in pursuance of a power conferred by any statutory provision specified or described in the order, or any class of such inquiries or hearings.

References in this Act to members of tribunals include references to the person constituting a tribunal consisting of one person.

The enactments specified in Schedule 3 shall have effect subject to the amendments there specified, being amendments consequential on this Act.

The enactments specified in Part I of Schedule 4 are hereby repealed to the extent specified in the third column of that Part; and the orders specified in Part II of that Schedule are hereby revoked.

Notwithstanding the repeal by this Act of Schedule 3 to the M1Tribunals and Inquiries Act 1971, section 3(12)(a) of the M2Lands Tribunal Act 1949 shall continue to have effect with the substitution for paragraph (a) of the following paragraph—

“(a)

Subsection (4) of this section shall not apply;”.

This Act may be cited as the Tribunals and Inquiries Act 1992.

This Act shall come into force on 1st October 1992.

This Act extends to Northern Ireland.

no date has been appointed before the commencement of this Act as the date on which paragraph 37 of Schedule 15 to the M1Criminal Justice Act 1988 is to come into force, or

a date has been appointed which is later than the commencement of this Act,

no date has been appointed before the commencement of this Act as the date on which paragraph 2 of Schedule 18 to the M1Courts and Legal Services Act 1990 is to come into force, or

a date has been appointed which is later than the commencement of this Act,

in the case mentioned in paragraph F11(a) or 2(a), such day as may be appointed by the Secretary of State for the purposes of the paragraph concerned by order made by statutory instrument, and

in the case mentioned in paragraph F21(b) or 2(b), the day appointed as the day on which the provision mentioned in paragraph F31(a) or 2(a) (as the case may be) is to come into force.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “section 13 of the Tribunals and Inquiries Act 1971” there is substituted “ section 11 of the Tribunals and Inquiries Act 1992 ”, and

for “and (3)” there is substituted “ and (4) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.

for “1971” there is substituted “ 1992 ”, and

for “section 12(1)” there is substituted “ section 10(1) ”.