Tribunals and Inquiries Act 1971 (repealed 1.10.1992)

Supplementary provisions U.K.

15 Power to apply Act to additional tribunals and to repeal or amend certain provisions. U.K.

(1) The Lord Chancellor and [F1 the Lord Advocate] may by order direct that Part I or Part II of Schedule 1 to this Act shall have effect as if there were specified therein any such tribunals, other than any of the ordinary courts of law, as may be provided by the order.

(2) The Lord Chancellor and [F1 the Lord Advocate] may by order make provision, as respects any such tribunal as is for the time being specified in Schedule 1 to this Act, not being a tribunal mentioned in section 7 of this Act, for applying 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.

(3) The Lord Chancellor and [F1 the Lord Advocate] may by order apply section 13 of this Act to any such tribunal as is for the time being specified in Schedule 1 to this Act.

(4) Any order under the foregoing provisions of this section may make any such adaptations of the provisions of this Act as may be necessary or expedient in consequence of the order.

(5) The Lord Chancellor and [F1 the Lord Advocate] may by order—

(a) repeal or amend section 8(3) of this Act or any of paragraphs 2, 3, 5, 8, 9, 10, 13, 14, 18(a), 23(a) and (d), 27, 28(b), 29(d), 34, 38, 39, 43(a), 44 and 45(b) of Schedule 1 to this Act;

(b) repeal the references in section 13 of this Act to any of paragraphs 2(b), 10, 18(a), 28(b), 38 and 45(b) of Schedule 1 to this Act.

(6) Nothing in this section shall authorise the making of an order with respect to a tribunal having jurisdiction only over matters with respect to which the Parliament of Northern Ireland has power to make laws.

Textual Amendments

F1 Words substituted by S.I. 1972/2002, art. 3(3)(c)

Modifications etc. (not altering text)

C1 Reference to matters with respect to which the Parliament of Northern Ireland has power to make laws to be construed as a reference to matters with respect to which that Parliament would have had power to make laws if the Northern Ireland Constitution Act 1973 (c. 36) had not been passed ibid., s. 40(2)

16 Rules and orders. U.K.

(1) Any power of the Lord Chancellor and [F2 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.

(2) Any power of those Ministers to make orders under any section of this Act includes power to vary or revoke any order under that section by a subsequent order but any such subsequent order under section 12(6) of this Act shall be made only after consultation with the Council.

Textual Amendments

F2 Words substituted by S.I. 1972/2002, art. 3(3)(c)

17 Transitory provisions. U.K.

Schedule 2 to this Act shall have effect with respect to the matters there dealt with, being matters connected with the coming into force of the M1 Tribunals and Inquiries Act 1958 and the M2 Tribunals and Inquiries Act 1966.

Marginal Citations

M1 1958 c. 66.

M2 1966 c. 43.

18 Consequential amendments, repeals and savings. U.K.

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

(2) The enactments specified in Part I of Schedule 4 to this Act 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.

(3) Any appointment, designation, determination, rule or order made, any approval or consent given and any other thing done under or for the purposes of any provision repealed or revoked by this Act shall, if in force immediately before the commencement of this Act, have effect as if made, given or done under or for the purposes of the corresponding enactment in this Act; and any proceedings or other thing begun under or by virtue of any provision so repealed or revoked may be continued under this Act as if begun thereunder.

(4) So much of any document as refers expressly or by implication to any provision repealed or revoked by this Act shall, if and so far as the nature of the subject-matter of the document permits, be construed as referring to this Act or the corresponding enactment therein as the case may require.

(5) Nothing in this section shall be taken to prejudice the general application of [F3 sections 16(1) and 17(2)(a) of the M3 Interpretation Act 1978] with regard to the effect of repeals.

Textual Amendments

F3 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C2 The text of s. 18(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3 The text of s. 18(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1978 c. 30.

19 Interpretation. U.K.

(1) In this Act, except where the context otherwise requires—

• “the Council” means the Council on Tribunals;

• “Minister” includes any Board presided over by a Minister;

• “the Scottish Committee” means the Scottish Committee of the Council on Tribunals;

• “statutory inquiry” means—

  (a)

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

  (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) of this section;

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

(2) The Lord Chancellor and [F4 the Lord Advocate] 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.

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

(4) References in this Act to the working or a decision of, or procedural rules for, any such tribunals as are specified in paragraph 17, 22, 29(a), (b) or (c), 30, 35, 41 or 46 [F5 or the Data Protection Registrar referred to in paragraph 5A], [F6 or the Director General of Fair Trading referred to in paragraph [F7 6A]] or the Controller of Plant Variety Rights referred to in paragraph 25(a), of Schedule 1 to this Act do not include references to their working, decisions or procedure in the exercise of executive functions.

Textual Amendments

F4 Words substituted by S.I. 1972/2002, art. 3(3)(c)

F5 Words inserted by Data Protection Act 1984 (c. 35, SIF 106:1), s. 3(6), Sch. 2 para. 13 (b)

F6 Words inserted by Consumer Credit Act 1974 (c. 39), s. 3(b)

F7 Words substituted by Estate Agents Act 1979 (c. 38), ss. 24(1)(a), 36(2)

Modifications etc. (not altering text)

C4 By S.I. 1984/1247, art. 4 it is provided that s. 19(4) shall have effect as if for the words “References in this Act to the working or a decision of, or procedural rules for,” there were substituted the words “References in this Act to the working or a decision of, or procedural rules for, the Foreign Compensation Commission or”

20 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Tribunals and Inquiries Act 1971.

(2) This Act shall come into force at the expiration of the period of one month beginning with the day on which it is passed.

(3) It is hereby declared that this Act extends to Northern Ireland.