Judicial Review and Courts Act 2022

37 Exercise of tribunal functions by authorised persons

(1) Chapter 2A of Part 1 of the Tribunals, Courts and Enforcement Act 2007 (which makes provision in connection with the exercise of functions of tribunals by persons authorised under Tribunal Procedure Rules) is amended as follows.

(2) In section 29A (meaning of certain terms)—

(a) for the heading substitute “Interpretation of Chapter”;

(b) in the definition of “authorised person”—

(i) for “paragraph 3 of Schedule 5” substitute “a relevant Procedure Rule”;

(ii) for “the First-tier Tribunal or Upper Tribunal” substitute “a tribunal”;

(c) in the definition of “judicial office holder”—

(i) for “has” substitute “means—

“(a) a judicial office holder within”;

(ii) at the end insert “, or

(b) the President of Employment Tribunals (Scotland);”;

(d) at the end insert—

• ““relevant Procedure Rule” means—

  (a)

  a Tribunal Procedure Rule of a kind mentioned in paragraph 3 of Schedule 5 to this Act, or

  (b)

  an Employment Tribunal Procedure Rule of a kind mentioned in paragraph 2 of Schedule A1 to the Employment Tribunals Act 1996;

• “tribunal” means the First-tier Tribunal, the Upper Tribunal, an employment tribunal or the Employment Appeal Tribunal.”

(3) In each of the following provisions, for “paragraph 3 of Schedule 5” substitute “a relevant Procedure Rule”—

(a) section 29B(2) (authorised person not subject to directions not made under that section);

(b) section 29C(1)(a) and (2)(a) (protection against actions for authorised persons acting within or without jurisdiction);

(c) section 29D(1) (protection against costs for authorised persons).