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The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 6 and Transitional Provisions) Order 2008

S.I. 2008/2696 · Made 9 October 2008 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2009.

Tribunals And Inquiries

Judicial Appointments And Discipline

Made 9th October 2008

Laid before Parliament 15th October 2008

Coming into force in accordance with article 2

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 31(9) and 148(5) of the Tribunals, Courts and Enforcement Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 c.15.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Transitional and savings provisions
  4. 4Article 4
  5. 5Provisions coming into force on 3rd November 2008
  6. 6Provisions coming into force on 1st April 2009
  7. Signature
  8. Explanatory note

1Citation and commencementI1

This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 6 and Transitional Provisions) Order 2008.

2Citation and commencementI1

Articles 4 and 6 come into force on 1st April 2009. All other provisions come into force on 3rd November 2008.

3Transitional and savings provisionsI1

Staff appointed to the following tribunals before the 3rd November 2008 are to be treated, 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)—

(a)

a tribunal listed under Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 whose functions are transferred to the First-tier Tribunal or Upper Tribunal by order under section 30(1) of that Act on 3rd November 2008;

(b)

the Employment Appeal Tribunal;

(c)

the employment tribunals; and

(d)

the Asylum and Immigration Tribunal.

4I1

Sections 2 to 3A of the Taxes Management Act 1970 shall continue to apply for the purpose of F1sections 56(3) and (11) and 58 of the 1970 Act (statement of case for opinion of the High Court) and regulations 17 and 20 to 24 of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 (review of tribunal’s final determination, stated case procedures and correction of irregularities arising from a decision of the General Commissioners made before 1st of April 2009 as if article 6(b)(i) and (c)(i) had not been commenced F2, and the amendments to the 1970 Act and the revocation of the General Commissioners (Jurisdiction and Procedure) Regulations 1994, the General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 1999, the General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005 and the General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2007 (as they relate to the General Commissioners) in the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 had not been made.

5Provisions coming into force on 3rd November 2008I1

The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 3rd November 2008—

(a)

sections 3 to 6, 7(2) to (8), 8, 9(1), (2) and (4) to (11), 10(1), (2) and (4) to (9), 11(1) to (4) and (5)(a) to (e), 12, 13(1) to (5), (7), (8)(a) to (e) and (11) to (13), 14 to 17, 18(1) to (9) and (12), 19, 20(1), (2), (4), (5) and (8), 21(1) to (5), 23 to 26, 28, 29, 43 and 47;

(b)

section 46 to the extent that it is not already in force;

(c)

section 48(1) to the extent that it relates to the following paragraphs of Schedule 8—

(i)

paragraphs 6, 16, 28, 31(4) to (6), 33(3), 40, 41, 42, 44 to 48, 54, 64(b), and 66;

(ii)

paragraph 25 to the extent that it relates to paragraph 7(b) of Schedule 1 of the Tribunals and Inquiries Act 1992f1;

(iii)

paragraphs 4 and 5 to the extent that they are not already in force; and

(iv)

paragraph 65(3) to the extent that it is not already in force;

(d)

section 48(2) to the extent it relates to paragraphs 3 to 11, 12(1) and (3) to (7), and 13 to 19 of Schedule 9;

(e)

paragraphs 12 to 14 of Schedule 1;

(f)

Schedule 2;

(g)

Schedule 3;

(h)

paragraphs 1 to 14 of Schedule 4; and

(i)

in Part 1 of Schedule 23, the entries relating to—

(i)

the Consumer Credit Act 1974f2;

(ii)

the Judicial Pensions and Retirement Act 1993f3;

(iii)

the Employment Tribunals Act 1996f4;

(iv)

the Justice (Northern Ireland) Act 2002f5;

(v)

the Nationality, Immigration and Asylum Act 2002f6;

(vi)

Schedule 4 of the Constitutional Reform Act 2005f7; and

(vii)

the Tribunals, Courts and Enforcement Act 2007f8; and

(j)

Part 2 of Schedule 23.

6Provisions coming into force on 1st April 2009I1

The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 1st April 2009—

(a)

sections 27(1) to (4) and 142;

(b)

section 48(1) to the extent that it relates the following paragraphs of Schedule 8—

(i)

paragraph 1; and

(ii)

paragraphs 43 and 55; and

(c)

in Part 1 of Schedule 23 the entries relating to—

(i)

the Taxes Management Act 1970f1;

(ii)

the Superannuation Act 1972f2;

(iii)

the Finance Act 1972f3;

(iv)

the Finance Act 1988f4;

(v)

the Finance (No.2) Act 1992f5;

(vi)

the Social Security Contributions (Transfer of Functions, etc.) Act 1999f6;

(vii)

the Access to Justice Act 1999f7;

(viii)

the Social Security Contributions (Transfer of Functions, Etc.) (Northern Ireland) Order 1999f8;

(ix)

the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999f9; and

(x)

Schedule 12 and Part 2 of Schedule 14 of the Constitutional Reform Act 2005f10.

Signature

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

9th October 2008

Explanatory note

(This note is not part of the Order)

Commencement

This Order is the sixth commencement order under the Tribunals, Courts and Enforcement Act 2007 (“the Act”) and brings into force on 3rd November 2008 and 1st April 2009 various provisions of the Act.

The Order brings into force on 3rd November 2008 most of Part 1 of the Act establishing the First-tier Tribunal and the Upper Tribunal and its functions.

The Order also brings into force on 3rd November 2008 consequential repeals in Schedule 23 in respect of Part 2 of the Act relating to judicial appointments.

The provisions commenced on 1st April 2009 apply to the transfer of the tax tribunals into the First-tier Tribunal and Upper Tribunal and the abolition of the existing tribunals and offices. The Order also brings into force on that date provisions relating to the enforcement of tribunal awards through the courts.

The effect of this Order (along with previous commencement orders), with the exception of some consequential amendments in Schedule 8 and some consequential repeals in Schedule 23, is to bring into force the whole of Parts 1 and 2 of the Act.

Transitional Provisions

The transitional provisions in article 3 provide for existing tribunal staff to be treated as if appointed under section 40 of the Act (tribunal staff and services) for the purposes of delegation of duties and functions under other enactments.

Article 4 saves the offices of General Commissioners and their clerks for the purpose of processing case stated appeals from the determinations made by the General Commissioners before abolition of their offices.