(This note is not part of the Order)
This Order is made under the Tribunals, Courts and Enforcement Act 2007. That Act establishes the Administrative Justice and Tribunals Council (AJTC) to replace the Council on Tribunals and provides for the AJTC to keep under review, consider and report on matters relating to the listed tribunals. On the coming into force of the 2007 Act the only listed tribunals were the two new tribunals provided for in the 2007 Act, being the First-tier Tribunal and the Upper Tribunal. This Order designates as listed tribunals additional entities which the AJTC will keep under review, consider and report on. Orders will also be made by the Scottish Ministers and the Welsh Ministers in relation to those tribunals for which they are the “authority responsible” (as defined in paragraph 25(3) of Schedule 7 to the 2007 Act).
The power to designate a tribunal as a listed tribunal is restricted where a tribunal exercises functions with respect to a matter which (were it to be legislated upon) would be within the legislative competence of the Northern Ireland Assembly. For this reason the list of tribunals in this Order excludes some tribunals’ functions in respect of Northern Ireland.
An impact assessment has been prepared and was included in the Public Sector Impact Assessment forming subject I in the document “Tribunals, Courts and Enforcement Bill: Regulatory Impact Assessments”. A copy can be found at http://www.dca.gov.uk/risk/tce_bill.pdf.