The Transfer of Tribunal Functions Order 2008

Social Security Administration Act 1992

104.—(1) Schedule 4 (persons employed in social security administration or adjudication) is amended as follows.

(2) In Part 1 in the entry headed “Government departments” for “Lord Chancellor’s Department” substitute “Ministry of Justice”.

(3) In Part 1 in the entry headed “Adjudicating bodies” omit paragraph (a).

(4) In Part 1 in the entry headed “Former officers” at the end insert—

“The clerk to, or other officer or member of the staff of, an appeal tribunal.

The clerk to, or other officer or member of the staff of, a Pensions Appeal Tribunal for England and Wales.”

(5) In paragraph 3 of Part 2—

(a) for “Lord Chancellor’s Department” substitute “Ministry of Justice”;

(b) for “that Department” substitute “that Ministry”;

(c) in paragraph (a) after “functions of” insert “the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of”; and

(d) insert at the end—

“The reference in paragraph (b) to the Administrative Justice and Tribunals Council and the Scottish Committee of that Council includes a reference to the former Council of Tribunals and the Scottish Committee of that former Council.”.

(6) After that paragraph insert—

“3ZA.   Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to—

(a) the former Lord Chancellor’s Department, and

(b) the former Department of Constitutional Affairs,

to the extent that the functions carried out by persons in its employ were, or were connected with, functions of the Chief, or any other, Social Security Commissioner (and paragraph 3 above does not apply for the purposes of this paragraph).”.