Citation and commencement1
1
This Order may be cited as the Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 and, subject to paragraph (2), comes into force on 1st September 2009.
2
Article 4 comes into force on the day after the day on which this instrument is made.
Transfer of function2
The function of the Secretary of State to decide appeals under section 7(1) of the Estate Agents Act 19792 is transferred to the First-tier Tribunal.
Transfer of persons into the First-tier Tribunal and the Upper Tribunal3
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 |
|---|---|
Person appointed to hear an appeal on behalf of the Secretary of State under regulation 19(1) of Estate Agents (Appeals) Regulations 19813 at any time after 2005, and who is on the panel of presiding members | Transferred-in judge of the First-tier Tribunal |
Person appointed to hear an appeal on behalf of the Secretary of State under regulation 19(1) of Estate Agents (Appeals) Regulations 1981 at any time after 2005, and who is on the panel of legal members | Transferred-in judge of the First-tier Tribunal |
Person appointed to hear an appeal on behalf of the Secretary of State under regulation 19(1) of Estate Agents (Appeals) Regulations 1981 at any time after 2005, and who is on the panel of other members | Transferred-in other member of the First-tier Tribunal |
Addition to the list of tribunals in Schedule 64
In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entry at the appropriate place—
Panel
Section 189(6) of the Greater London Authority Act 19994
Consequential and transitional provisions5
1
Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.
2
Schedule 2 contains repeals and revocations as a consequence of the amendments in Schedule 1.
3
Schedule 3 contains transitional and saving provisions.
By authority of the Lord Chancellor