The Transfer of Functions of the Charity Tribunal Order 2009

Citation and commencement

1.  This Order may be cited as the Transfer of Functions of the Charity Tribunal Order 2009 and comes into force on 1st September 2009.

Transfer of functions

2.—(1) The functions of the Charity Tribunal are transferred to the First-tier Tribunal and the Upper Tribunal, with the question as to which one of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules.

(2) The Charity Tribunal is abolished.

Transfer of persons into the First-tier Tribunal and the Upper Tribunal

3.  A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

(1) Office held	(2) Office to be held
President of the Charity Tribunal appointed under paragraph 1(2)(a) of Schedule 1B to the Charities Act 1993(1)	Deputy judge of the Upper Tribunal and transferred-in judge of the First-tier Tribunal
A legal member of the Charity Tribunal appointed under paragraph 1(2)(b) of Schedule 1B to the Charities Act 1993	Transferred-in judge of the First-tier Tribunal
An ordinary member of the Charity Tribunal appointed under paragraph 1(2)(c) of Schedule 1B to the Charities Act 1993	Transferred-in other member of the First-tier Tribunal

Consequential and transitional provisions

4.—(1) Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.

(2) Schedule 2 contains an amendment to secondary legislation as a consequence of the transfer effected by this Order.

(3) Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(4) Schedule 4 contains transitional and saving provisions.

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

7th July 2009