The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act creates a new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable the functions of existing tribunals to be transferred into the new structure. This Order transfers the functions of the Consumer Credit Appeals Tribunal to the First-tier Tribunal.

Transfer of functions of tribunals

Article 2 transfers the functions of the Consumer Credit Appeals Tribunal to the First-tier Tribunal and abolishes the Consumer Credit Appeals Tribunal.

Transfer of members of tribunals

Article 3 provides for members of the Consumer Credit Appeals Tribunal to hold the offices of deputy judge of the Upper Tribunal, transferred-in judge of the First-tier Tribunal or transferred-in other member of the First-tier Tribunal.

Consequential provisions

Article 4(1) to (3) brings Schedules 1 to 3 into effect. Schedules 1 and 2 contain consequential amendments to legislation in consequence of the transfer of the functions of the Consumer Credit Appeals Tribunal to the First-tier Tribunal. Schedule 3 contains consequential repeals and revocations of legislation in consequence of the amendments in Schedule 1 and 2.

Transitional and saving provisions

Article 4(4) brings Schedule 4 into effect. Schedule 4 makes transitional and saving provisions for the treatment of cases, which would previously have been dealt with by the Consumer Credit Appeals Tribunal, following the coming into force of this Order.

The Schedule provides for proceedings which have been started in the Consumer Credit Appeals Tribunal to be transferred to the First-tier Tribunal; new proceedings will be started in the First-tier Tribunal. In transferred cases the following provisions apply:

• a hearing which has already been commenced but not completed will need to be completed in the First-tier Tribunal but comprised of the same members;

• directions and orders made prior to this Order coming into force will continue in force as if they were directions or orders of the First-tier Tribunal;

• the First-tier Tribunal will be able to disapply Tribunal Procedure Rules, or apply the Consumer Credit Appeals Tribunal Rules 2008 as they applied to the Consumer Credit Appeals Tribunal, to ensure that proceedings are dealt with fairly;

• time limits which begin to run before this Order comes into force continue to apply after the Order comes into force; and

• the First-tier Tribunal will only be able to make a costs order if and to the extent that the Consumer Credit Appeals Tribunal could have made such an order.

Appeals against the decisions of the Consumer Credit Appeals Tribunal, if the appeal right has not been exercised before this Order comes into force and the time for doing so has not expired, are to be treated as appeals against the decisions of the First-tier Tribunal.

A Regulatory Impact Assessment was prepared for the Tribunals, Courts and Enforcement Act 2007. This can be found at:

http://www.justice.gov.uk/publications/tribunalscourtsandenforcementact.htm