Tribunals and Inquiries Act 1971
An Act to consolidate the Tribunals and Inquiries Acts 1958 and 1966 as amended.
The Council on Tribunals and its functions
1 Council on Tribunals.
(1)
There shall continue to be a council entitled the Council on Tribunals (being the council constituted by the M1Tribunals and Inquiries Act 1958)—
(a)
to keep under review the constitution and working of the tribunals specified in Schedule 1 to this Act (being the tribunals constituted under or for the purposes of the statutory provisions specified in that Schedule) and, from time to time, to report on their constitution and working;
(b)
to consider and report on such particular matters as may be referred to the Council under this Act with respect to tribunals other than the ordinary courts of law, whether or not specified in Schedule 1 to this Act, or any such tribunal;
(c)
to consider and report on such matters as may be referred as aforesaid, or as the Council may determine to be of special importance, with respect to administrative procedures involving, or which may involve, the holding by or on behalf of a Minister of a statutory inquiry, or any such procedure.
(2)
Nothing in this section shall authorise or require the Council to deal with any matter with respect to which the Parliament of Northern Ireland has power to make laws.
2 Composition of the Council and the Scottish Committee.
(1)
Subject to subsection (3) of this section the Council on Tribunals (in this Act referred to as “the Council”) shall consist of not more than fifteen nor less than ten members appointed by the Lord Chancellor and F1the Lord Advocate and one of the members shall be so appointed to be chairman of the Council.
(2)
There shall be a Scottish Committee of the Council (in this Act referred to as “the Scottish Committee”) which, subject to subsection (3) of this section, shall consist of—
(a)
either two or three members of the Council designated by F1the Lord Advocate; and
(b)
either three or four persons, not being members of the Council, appointed by F1the Lord Advocate;
and F1the Lord Advocate shall appoint one of the members of the Scottish Committee (being a member of the Council) to be chairman of the Scottish Committee.
(3)
In addition to the persons appointed or designated as aforesaid, the Parliamentary Commissioner for Administration shall, by virtue of his office, be a member of the Council and of the Scottish Committee.
(4)
In appointing members of the Council regard shall be had to the need for representation of the interests of persons in Wales.
3 Tenure of office, remuneration and expenses.
(1)
Persons appointed under section 2 of this Act shall hold and vacate office under the terms of the instruments under which they are appointed, but may resign office by notice in writing to the Minister or Ministers by whom they were appointed; and any such person who ceases to hold office shall be eligible for re-appointment.
(2)
There shall be paid to the chairman of the Council and the chairman of the Scottish Committee such salaries, and to the other members of the Council and of the Scottish Committee such fees (if any) as may be determined by the Treasury.
(3)
The salaries and fees payable under subsection (2) of this section, together with such expenses of the Council and of the Scottish Committee (including subsistence allowances for and travelling expenses of their members) as may be approved by the Treasury shall be defrayed out of moneys provided by Parliament.
4 Reports of, and references to, Council and Scottish Committee.
(1)
Subject to the provisions of this section, any report by, or reference to, the Council shall be made to, or as the case may be by, the Lord Chancellor and F2the Lord Advocate.
(2)
A reference to the Council of a matter relating only to England and Wales may be made by the Lord Chancellor and a reference to the Council of a matter relating only to Scotland may be made by F2the Lord Advocate; and the report of the Council on a reference so made shall be made to the Minister making the reference.
(3)
The Council shall not make a report on any such tribunal as is specified in Part II of Schedule 1 to this Act, or on any matter referred to the Council by F2the Lord Advocate, until the Council have referred the matter of the report for consideration, and report to the Council, by the Scottish Committee and have considered the report of that Committee.
(4)
Where, without any reference having been made to them, the Council report on any such matter as is mentioned in section 1(1)(c) of this Act, then—
(a)
if the matter relates only to England and Wales, subsection (2) of this section shall apply as if the matter had been referred to the Council by the Lord Chancellor;
(b)
if the matter relates only to Scotland, subsections (2) and (3) of this section shall apply as if the matter had been referred to them by F2the Lord Advocate.
(5)
The Scottish Committee may of its own motion make a report to the Council with respect to the constitution or working of any such tribunal as is specified in Part II of Schedule 1 to this Act or with respect to any matter falling within section 1(1)(c) of this Act and relating only to Scotland.
(6)
If the Council, in reporting on any matter which they have referred to the Scottish Committee or on which that Committee has reported to the Council of its own motion, do not adopt the report of that Committee without modification, or if the Council do not make a report on matters on which the Scottish Committee has reported to the Council of its own motion, the Scottish Committee may submit its report to F2the Lord Advocate.
(7)
5 Recommendations of Council as to appointment of members of tribunals.
(1)
Without prejudice to the generality of section 1(1)(a) of this Act, the Council may make to the appropriate Minister general recommendations as to the making of appointments to membership of any such tribunals as are specified in Schedule 1 to this Act or of panels constituted for the purposes of any such tribunals; and (without prejudice, however, to any statutory provisions having effect with respect to such appointments) the appropriate Minister shall have regard to recommendations under this section.
(2)
In this section “the appropriate Minister” means, in relation to appointments of any description, the Minister, making the appointments or, if they are not made by a Minister, the Minister in charge of the government department concerned with the tribunals in question.
(3)
The following provisions shall have effect as respects any such tribunal as is specified in Part II of Schedule 1 to this Act—
(a)
the Council shall not make any such recommendations as aforesaid until they have referred the matter of the recommendations for consideration, and report to the Council, by the Scottish Committee and have considered the report of that Committee;
(b)
without prejudice to the generality of section 4(5) of this Act, the Scottish Committee may of its own motion propose any such general recommendations as aforesaid as expedient to be made by the Council to the appropriate Minister;
(c)
if the Council, in making recommendations under this section on any matter which they have referred to the Scottish Committee or on which that Committee has made proposals, do not adopt the report or proposals of that Committee without modification, or if the Council do not make recommendations on matters on which the Scottish Committee has made proposals to the Council, the Scottish Committee may submit its report or proposals to F3the Lord Advocate.
6F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Composition and procedure of tribunals and inquiries
7 Chairmen etc. of certain tribunals: provisions as to appointment.
(1)
The chairman, or any person appointed to act as chairman, of any of the tribunals to which this subsection applies shall (without prejudice to any statutory provisions as to qualifications) be selected by the appropriate authority from a panel of persons appointed by the Lord Chancellor.
(2)
Members of panels constituted under this section shall hold and vacate office under the terms of the instruments under which they are appointed but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.
(3)
(4)
The person or persons constituting any such tribunal as is specified in paragraph 16 of Schedule 1 to this Act shall be appointed by the Lord Chancellor, and where such a tribunal consists of more than one person the Lord Chancellor shall designate which of them is to be the chairman.
(5)
In this section “the appropriate authority” means the Minister who apart from this Act would be empowered to appoint or select the chairman, person to act as chairman, members or member of the tribunal in question.
(6)
A panel may be constituted under this section for the purposes either of a single tribunal or of two or more tribunals, whether or not of the same description.
(7)
The following provisions shall have effect for the application of this section to Scotland—
(a)
in relation to any of the tribunals referred to in the foregoing provisions of this section which sits in Scotland, this section shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Lord President of the Court of Session;
(b)
subsection (1) of this section shall apply, with the substitution aforesaid, to any such tribunal as is specified in paragraph 45(a) of Schedule 1 to this Act.
(8)
In relation to any of the tribunals referred to in the foregoing provisions of this section which sits in Northern Ireland, this section shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Lord Chief Justice of Northern Ireland.
7 Chairmen etc. of certain tribunals: provisions as to appointment.
(1)
The chairman, or any person appointed to act as chairman, of any of the tribunals to which this subsection applies shall (without prejudice to any statutory provisions as to qualifications) be selected by the appropriate authority from a panel of persons appointed by the Lord Chancellor.
(2)
Members of panels constituted under this section shall hold and vacate office under the terms of the instruments under which they are appointed but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.
(3)
Subsection (1) of this section applies to any such tribunal as is specified in paragraph . . . . . . F124, 19(a), (b) or (e), 20 or 28(a) F12530A(a), F126(b), (c) or (e) of Schedule 1 to this Act,but, in relation to any such tribunal as is specified in paragraph 28(a) of that Schedule, this section shall have effect subject to paragraph 3(3) of Schedule 10 to the M28Rent Act 1968.
(4)
The person or persons constituting any such tribunal as is specified in paragraph 16 of Schedule 1 to this Act shall be appointed by the Lord Chancellor, and where such a tribunal consists of more than one person the Lord Chancellor shall designate which of them is to be the chairman.
(5)
In this section “the appropriate authority” means the Minister who apart from this Act would be empowered to appoint or select the chairman, person to act as chairman, members or member of the tribunal in question.
(6)
A panel may be constituted under this section for the purposes either of a single tribunal or of two or more tribunals, whether or not of the same description.
(7)
The following provisions shall have effect for the application of this section to Scotland—
(a)
in relation to any of the tribunals referred to in the foregoing provisions of this section which sits in Scotland, this section shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Lord President of the Court of Session;
(b)
subsection (1) of this section shall apply, with the substitution aforesaid, to any such tribunal as is specified in paragraph 45(a) of Schedule 1 to this Act.
(8)
In relation to any of the tribunals referred to in the foregoing provisions of this section which sits in Northern Ireland, this section shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Lord Chief Justice of Northern Ireland.
8 Concurrence required for removal of members of certain tribunals.
(1)
Subject to subsection (2) of this section, no power of a Minister other than the Lord Chancellor to terminate a persons’s membership of any such tribunal as is specified in Schedule 1 to this Act, or of a panel constituted for the purposes of any such tribunal, shall be exercisable except with the consent of—
(a)
the Lord Chancellor, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, if the tribunal sits in all parts of the United Kingdom;
(b)
the Lord Chancellor and the Lord President of the Court of Session, if the tribunal sits in all parts of Great Britain;
(c)
the Lord Chancellor and the Lord Chief Justice of Northern Ireland, if the tribunal sits both in England and Wales and in Northern Ireland;
(d)
the Lord Chancellor, if the tribunal does not sit outside England and Wales;
(e)
the Lord President of the Court of Session, if the tribunal sits only in Scotland;
(f)
the Lord Chief Justice of Northern Ireland, if the tribunal sits only in Northern Ireland.
(2)
(3)
For the purposes of this section in its application to any such tribunal as is specified in paragraph 8(a) of Schedule 1 to this Act, an adjudicator who has sat only in England or Wales or who has sat only in Scotland or who has sat only in Northern Ireland shall be deemed to constitute a tribunal which does not sit outside England and Wales or which sits only in Scotland or which sits only in Northern Ireland, as the case may be.
9F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Procedural rules for tribunals.
(1)
No power of a Minister, the Lord President of the Court of Session F20the Commissioners of Inland Revenue or the Commissioners of Customs and Excise to make, approve, confirm or concur in procedural rules for any such tribunal as is specified in Schedule 1 to this Act shall be exercisable except after consultation with the Council.
(2)
The Council, in the exercise of their functions under this section as respects any such tribunal as is specified in Part II of Schedule 1 to this Act, shall consult with the Scottish Committee.
(3)
In this section “procedural rules” includes any statutory provision relating to the procedure of the tribunal in question.
11 Procedure in connection with statutory inquiries.
(1)
The Lord Chancellor, after consultation with the Council, may make rules regulating the procedure to be followed in connection with statutory inquiries held by or on behalf of Ministers; and different provision may be made by any such rules in relation to different classes of such inquiries.
(2)
Any rules made by the Lord Chancellor under this section shall have effect, in relation to any statutory inquiry, subject to the provisions of the enactment under which the inquiry is held, and of any rules or regulations made under that enactment.
(3)
Subject to subsection (2) of this section, rules made under this section may regulate procedure in connection with matters preparatory to such statutory inquiries as are mentioned in subsection (1) of this section, and in connection with matters subsequent to such inquiries, as well as in connection with the conduct of proceedings at such inquiries.
(4)
In the application of this section to inquiries held in Scotland, for any reference to the Lord Chancellor there shall be substituted a reference to F21the Lord Advocate; and the Council, in exercising their functions under this section in relation to rules to be made by F21the Lord Advocate, shall consult with the Scottish Committee.
12 Reasons to be given for decisions of tribunals and Ministers.
(1)
Subject to the provisions of this section, where—
(a)
any such tribunal as is specified in Schedule 1 to this Act gives any decision; or
(b)
any Minister notifies any decision taken by him after the holding by him or on his behalf of a statutory inquiry, or taken by him in a case in which a person concerned could (whether by objecting or otherwise) have required the holding as aforesaid of a statutory inquiry,
it shall be the duty of the tribunal or Minister to furnish a statement, either written or oral, of the reasons for the decision if requested, on or before the giving or notification of the decision, to state the reasons.
(2)
The said statement may be refused, or the specification of the reasons restricted, on grounds of national security, and the tribunal or Minister may refuse to furnish the statement to a person not primarily concerned with the decision if of opinion that to furnish it would be contrary to the interests of any person primarily concerned.
(3)
Subsection (1) of this section shall not apply to any decision taken by a Minister after the holding by him or on his behalf of any inquiry or hearing which is a statutory inquiry by virtue only of an order made under section 19(2) of this Act unless the order contains a direction that this section is to apply in relation to any inquiry or hearing to which the order applies.
(4)
Subsection (1) of this section shall not apply to decisions in respect of which any statutory provision has effect, apart from this section, as to the giving of reasons, or to decisions of a Minister in connection with the preparation, making approval, confirmation, or concurrence in regulations, rules, or byelaws, or orders or schemes of a legislative and not executive character.
(5)
Any statement of the reasons for such a decision as is mentioned in paragraph (a) or (b) of subsection (1) of this section, whether given in pursuance of that subsection or of any other statutory provision, shall be taken to form part of the decision and accordingly to be incorporated in the record.
(6)
If, after consultation with the Council, it appears to the Lord Chancellor and F22the Lord Advocate that it is expedient that decisions of any particular tribunal or any description of such decisions, or any description of decisions of a Minister, should be excluded from the operation of subsection (1) of this section on the ground that the subject-matter of such decisions, or the circumstances in which they are made, make the giving of reasons unnecessary or impracticable, the Lord Chancellor and F22the Lord Advocate may by order direct that subsection (1) of this section shall not apply to such decisions.
Judicial control of tribunals etc.
13 Appeals from certain tribunals.
(1)
If any party to proceedings before any such tribunal as is specified in paragraph 2(b), F234, F246F246(a)F256B, 10 F2610A, 16, 17(b), F2718(a), 21, 26, 28 F28(a) or(b) or 32 of Schedule 1 to this Act F29or to proceedings before a Registered Homes Tribunalis dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal therefrom to the High Court or require the tribunal to state and sign a case for the opinion of the High Court.
F30(1A)
Subsection (1) of this section shall not apply in relation to proceedings before industrial tribunals which arise under or by virtue of any of the enactments mentioned in section 136(1) of the M2Employment Protection (Consolidation) Act 1978.
(2)
Rules of court made with respect to all or any of the said tribunals may provide for authorising or requiring a tribunal, in the course of proceedings before it, to state, in the form of a special case for the decision of the High Court, any question of law arising in the proceedings; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the Court within the meaning of section F3116 of M3 the Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals from judgments of the High Court).
(3)
In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—
(a)
the giving of any decision which might have been given by the tribunal;
(b)
the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the tribunal;
(c)
the giving of directions to the tribunal;
and different provisions may be made for different tribunals.
(4) . . . F32 no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
(5)
F33Subsection (1) of this section shall apply to a decision of the Secretary of State on an appeal from the traffic commissioners for any area or the traffic commissioner for the metropolitan traffic area as it applies to a decision of any of the tribunals mentioned in that subsection, but with the substitution for the reference to a party to proceedings of a reference to any person who had, or if aggrieved would have had, a right to appeal to the Secretary of State (whether or not he has exercised that right); and accordingly references in subsections (1) and (3) of this section to a tribunal shall be construed, in relation to such an appeal, as references to the Secretary of State.
F34(5A)
Subsection (1) of this section shall apply to a decision of the Secretary of State on an appeal under section 41 of the M4Consumer Credit Act 1974 from a determination of the Director General of Fair Trading as it applies to a decision of any of the tribunals mentioned in that subsection, but with the substitution for the reference to a party to proceedings of a reference to any person who had a right to appeal to the Secretary of State (whether or not he has exercised that right); and accordingly references in subsections (1) and (3) of this section to a tribunal shall be construed, in relation to such an appeal, as references to the Secretary of State.
(6)
The following provisions shall have effect for the application of this section to Scotland—
(a)
in relation to any proceedings in Scotland of any of the tribunals referred to in the foregoing provisions of this section, . . . F35, F36or on an appeal under section 41 of the M5Consumer Credit Act 1974 by a company registered in Scotland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Scotland this section shall have effect with the following modifications, that is to say—
(i)
for references to the High Court or the Court of Appeal there shall be substituted references to the Court of Session;
(ii)
in subsection (2) for the words “in the form of a special case for the decision of the High Court” there shall be substituted the words “a case for the opinion of the Court of Session on” and the words from “and a decision” to the end of the subsection shall be omitted;
(iii)
subsection (4) shall be omitted;
(b)
this section shall apply, subject to the modifications specified in the foregoing paragraph, to proceedings before any such tribunal as is specified in paragraphs 38, 39, 41(b), 42 or 45(a) or (b) of Schedule 1 to this Act as it applies to proceedings before the tribunals referred to in subsection (1) of this section;
F37(bb)
subsection (1) of this section shall not apply in relation to proceedings before the Lands Tribunal for Scotland which arise under section 1(3A) of the Lands Tribunal Act M61949 (jurisdiction of the Tribunal in valuation matters).
(c)
an appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.
(7)
In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) of this section, F38and in relation to a decision of the Secretary of State on an appeal under section 41 of the M7Consumer Credit Act 1974 by a company registered in Northern Ireland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Northern Ireland this section shall have effect with the following modifications, that is to say—
(a)
in subsection (2), for the words from the beginning to “provide” there shall be substituted the words “Rules may be made under F39section 55 of the M8Judicature (Northern Ireland) Act 1978 providing”, and for the words “section 27 of the M9Supreme Court of Judicature (Consolidation) Act 1925” there shall be substituted the words F39“section 35 of the M10Judicature (Northern Ireland) Act 1978”;
(b)
in subsection (3), for the words “the power to make rules of court shall include power to make rules” there shall be substituted the words “rules may be made under F39section 55 of the M11Judicature (Northern Ireland) Act 1978”;
(c)
in subsection (4), for the words from the beginning to “Divisional Court” there shall be substituted the words “Rules made under F39section 55 of the M12Judicature (Northern Ireland) Act 1978, relating to such proceedings as aforesaid, shall provide that the appeal shall be heard, or as the case may be, the decision of the High Court shall be given by, a single judge”.
(8)
Her Majesty may by Order in Council direct that all or any of the provisions of this section, so far as it relates to proceedings in the Isle of Man or any of the Channel Islands of the tribunal specified in paragraph 32 of Schedule 1 to this Act, shall extend to the Isle of Man or to any of the Channel Islands subject to such modifications as may be specified in the Order.
(9)
In this section “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly.
(10)
In relation to any such tribunals as are specified in paragraph 10 or 38 of Schedule 1 to this Act this section shall have effect subject to any enactment passed in the same Session as this Act with respect to appeals from such tribunals.
14 Extension of supervisory powers of superior courts.
(1)
F40As respects England and Wales . . . F41, any provision in an Act passed before 1st August 1958 that any order or determination shall not be called into question in any court, or any provision in such an Act which by similar words excludes any of the powers of the High Court, shall not have effect so as to prevent the removal of the proceedings into the High Court by order of certiorari or to prejudice the powers of the High Court to make orders of mandamus:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
(2)
As respects Scotland, any provision in an Act passed before 1st August 1958 that any order or determination shall not be called into question in any court, or any provision in such an Act which by similar words excludes any jurisidiction which the Court of Session would otherwise have to entertain an application for reduction or suspension of any order or determination, or otherwise to consider the validity of any order or determination, shall not have effect so as to prevent the exercise of any such jurisdiction.
(3)
Supplementary provisions
15 Power to apply Act to additional tribunals and to repeal or amend certain provisions.
(1)
The Lord Chancellor and F43the Lord Advocate may by order direct that Part I or Part II of Schedule 1 to this Act shall have effect as if there were specified therein any such tribunals, other than any of the ordinary courts of law, as may be provided by the order.
(2)
The Lord Chancellor and F43the Lord Advocate may by order make provision, as respects any such tribunal as is for the time being specified in Schedule 1 to this Act, not being a tribunal mentioned in section 7 of this Act, for applying any of the provisions of that section to the tribunal or for providing for the appointment by the Lord Chancellor, the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland of the chairman of the tribunal and of any person to be appointed to act as chairman.
(3)
The Lord Chancellor and F43the Lord Advocate may by order apply section 13 of this Act to any such tribunal as is for the time being specified in Schedule 1 to this Act.
(4)
Any order under the foregoing provisions of this section may make any such adaptations of the provisions of this Act as may be necessary or expedient in consequence of the order.
(5)
The Lord Chancellor and F43the Lord Advocate may by order—
(a)
repeal or amend section 8(3) of this Act or any of paragraphs 2, 3, 5, 8, 9, 10, 13, 14, 18(a), 23(a) and (d), 27, 28(b), 29(d), 34, 38, 39, 43(a), 44 and 45(b) of Schedule 1 to this Act;
(b)
repeal the references in section 13 of this Act to any of paragraphs 2(b), 10, 18(a), 28(b), 38 and 45(b) of Schedule 1 to this Act.
(6)
Nothing in this section shall authorise the making of an order with respect to a tribunal having jurisdiction only over matters with respect to which the Parliament of Northern Ireland has power to make laws.
16 Rules and orders.
(1)
Any power of the Lord Chancellor and F44the Lord Advocate or either of them to make rules or orders under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(2)
Any power of those Ministers to make orders under any section of this Act includes power to vary or revoke any order under that section by a subsequent order but any such subsequent order under section 12(6) of this Act shall be made only after consultation with the Council.
17 Transitory provisions.
Schedule 2 to this Act shall have effect with respect to the matters there dealt with, being matters connected with the coming into force of the M13Tribunals and Inquiries Act 1958 and the M14Tribunals and Inquiries Act 1966.
18 Consequential amendments, repeals and savings.
(1)
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified, being amendments consequential on this Act.
(2)
The enactments specified in Part I of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Part ; and the orders specified in Part II of that Schedule are hereby revoked.
(3)
Any appointment, designation, determination, rule or order made, any approval or consent given and any other thing done under or for the purposes of any provision repealed or revoked by this Act shall, if in force immediately before the commencement of this Act, have effect as if made, given or done under or for the purposes of the corresponding enactment in this Act; and any proceedings or other thing begun under or by virtue of any provision so repealed or revoked may be continued under this Act as if begun thereunder.
(4)
So much of any document as refers expressly or by implication to any provision repealed or revoked by this Act shall, if and so far as the nature of the subject-matter of the document permits, be construed as referring to this Act or the corresponding enactment therein as the case may require.
(5)
Nothing in this section shall be taken to prejudice the general application of F45sections 16(1) and 17(2)(a) of the M15Interpretation Act 1978 with regard to the effect of repeals.
19 Interpretation.
(1)
In this Act, except where the context otherwise requires—
“the Council” means the Council on Tribunals;
“Minister” includes any Board presided over by a Minister;
“the Scottish Committee” means the Scottish Committee of the Council on Tribunals;
“statutory inquiry” means—
(a)
an inquiry or hearing held or to be held in pursuance of a duty imposed by any statutory provision; or
(b)
an inquiry or hearing, or an inquiry or hearing of a class, designated for the purposes of this section by an order under subsection (2) of this section;
“statutory provision” means a provision contained in, or having effect under, any enactment.
(2)
The Lord Chancellor and F46the Lord Advocate may by order designate for the purposes of this section any inquiry or hearing held or to be held in pursuance of a power conferred by any statutory provision specified or described in the order, or any class of such inquiries or hearings.
(3)
References in this Act to members of tribunals include references to the person constituting a tribunal consisting of one person.
(4)
References in this Act to the working or a decision of, or procedural rules for, any such tribunals as are specified in paragraph 17, 22, 29(a), (b) or (c), 30, 35, 41 or 46 F47or the Data Protection Registrar referred to in paragraph 5A, F48or the Director General of Fair Trading referred to in paragraph F496A or the Controller of Plant Variety Rights referred to in paragraph 25(a), of Schedule 1 to this Act do not include references to their working, decisions or procedure in the exercise of executive functions.
20 Short title, commencement and extent.
(1)
This Act may be cited as the Tribunals and Inquiries Act 1971.
(2)
This Act shall come into force at the expiration of the period of one month beginning with the day on which it is passed.
(3)
It is hereby declared that this Act extends to Northern Ireland.
SCHEDULE 1 Tribunals under General Supervision of Council
Part I Tribunals under Direct Supervision of Council
Matters with which tribunal concerned | Tribunal and statutory authority | |
|---|---|---|
Agriculture | 1. | (a) The Agricultural Land Tribunals established under section 73 of the Agriculture Act 1947 (c. 48); |
(b) arbitrators appointed (otherwise than by agreement) under F50Schedule 11 to the Agricultural Holdings Act 1986. | ||
F51Aircraft and shipbuilding industries | F511A. | F51The Aircraft and Shipbuilding Industries Arbitration Tribunal established under section 42 of the M16Aircraft and Shipbuilding Industries Act 1977. |
. . . F52 | 2. | . . . F52 |
F53Banking | F532A. | F53An appeal tribunal constituted under section 28 of the Banking Act 1987 (c. 22). |
Betting levy | 3. | An appeal tribunal for England and Wales established under section 29 of the Betting, Gaming and Lotteries Act 1963 (c. 2). |
F54Registration of voluntary homes and children’s homes under the Children Act 1989. | F544. | F54Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984. |
Commons | 5. | The Commons Commissioners and assessors appointed under section 17(2) and (3) of the Commons Registration Act 1965 (c. 64). |
F55Conveyancing | F555AA. | F55A Conveyancing Appeals Tribunal constituted under section 41 of the Courts and Legal Services Act 1990. |
F56Criminal injuries compensation. | F565B. | F56The Criminal Injuries Compensation Board constituted under Part VII of the Criminal Justice Act 1988. |
. . . F57 | 5A | . . . F57 |
F58Copyright. | F585A. | F58The Copyright Tribunal. |
F59Data protection. | F59(a) The Data Protection Registrar; | |
F59(b) The Data Protection Tribunal. | ||
Education | 6 F61(a) | Independent Schools Tribunals constituted under section 72 of, and Schedule 6 to, the Education Act 1944 (c. 31). |
F62(b appeal committees constituted in accordance with Part I of Schedule 2 to the Education Act 1980 (c. 20). | ||
F63(c) appeal committees constituted for the purposes of section 58(5)(d) of the Education Reform Act 1988. | ||
F64Fair Trading | F646A. | F64The Director General of Fair Trading in respect of his functions under the Consumer Credit Act 1974 (c. 39) and the Estate Agents Act 1979 (c. 38), and any member of the Director’s staff authorised to exercise those functions under paragraph 7 of Schedule 1 to the Fair Trading Act 1973 (c. 41). |
F65Financial services. | F656B. | F65The Financial Services Tribunal established by section 96 of the Financial Services Act 1986. |
F66Food. | F666C. | F66Tribunals constituted in accordance with regulations under Part II of the Food Safety Act 1990. |
Forestry | 7. | Committees appointed for the purposes of section 20 or 21 of the Forestry Act 1967 (c. 10), being committees the members of which are appointed by the Minister having functions under those sections as respects England or Wales. |
F67. . . | F677A. | F67. . .. |
Immigration appeals | 8. | (a) The adjudicators established by section 1 of the Immigration Appeals Act 1969 (c. 21); |
(b) the Immigration Appeal Tribunal established by section 1 of the Immigration Appeals Act 1969 (c. 21). | ||
Indemnification of justices and clerks. | 9. | Any person appointed under section 27(3) of the Administration of Justice Act 1964 (c. 42). |
F68Industry | F689A. | F68An arbitration tribunal established under Schedule 3 to the M17Industry Act 1975. |
Industry and employment | 10. | The industrial tribunals for England and Wales established under F69section 128 of the Employment Protection (Consolidation) Act 1978 (c. 44). |
F7010A. | F70The Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 | |
. . . F71 | 11 | . . . F71 |
Land | 12. | The Lands Tribunal constituted under section 1(1)(b) of the Lands Tribunal Act 1949 (c. 42). |
F72Local Taxation. | F7212A. | F72F73Valuation tribunals established by regulations under Schedule 11 to the Local Government Finance Act 1988. |
London Building Acts | 13. | The tribunal of appeal constituted in accordance with section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii). |
Mental Health | 14. | The Mental Health Review Tribunals F74constituted or having effect as if constituted under section 65 of the Mental Health Act 1983 (c. 20). |
F75. . . | F7515. | F75. . .. |
Mines and Quarries | 16. | Tribunals for the purposes of section 150 of the Mines and Quarries Act 1954 (c. 70). |
National Health Service | 17. | F76(a) Family Practitioner Committees established in pursuance of F77section 10 of the M18National Health Service Act 1977 . . . F78; |
(b) the tribunal constituted under F77section 46 of the M19National Health Service Act 1977; | ||
(c) service committees of F79a Family Practitioner Committee, being committees constituted in accordance with regulations made under the F77M20National Health Service Act 1977. | ||
. . . F80 | 18. | . . . F80 |
National Service | 19. | (a) The Military Service (Hardship) Committees constituted under Schedule 3 to the National Service Act 1948 (c. 64); |
b) the local tribunals constituted under Schedule 4 to the National Service Act 1948 (c. 64); | ||
(c) the appellate tribunal constituted under Schedule 4 to the National Service Act 1948 (c. 64); | ||
(d) the referees selected under the proviso to section 23(3) of the National Service Act 1948 (c. 64); | ||
(e) the Reinstatement Committees appointed under F81paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985; | ||
(f) the umpire and any deputy umpire appointed under F82paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985. | ||
. . . F83 | 20. | . . . F83 |
Nurses’ training institutions | 21. | Persons nominated under section 21(2) of the Nurses Act 1957 (c. 15). |
F84Nursing Homes and Mental Nursing Homes Registration. | F8421A. | F84Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984. |
Patents, designs and trade marks. | 22. | The comptroller-general of patents, designs, and trade marks, and any officer authorised to exercise the functions of the comptroller under section 62(3) of the Patents and Designs Act 1907 (c. 29). |
Pensions | 23. | (a) Pensions Appeal Tribunals for England and Wales established under section 8 of the War Pensions (Administrative Provisions) Act 1919 (c. 53); |
(b) Pensions Appeal Tribunals constituted under the Pensions Appeal Tribunals Act 1943 (c. 39), being tribunals appointed for England and Wales; | ||
(c) tribunals appointed under regulations under section 1 of the F85M21Police Pensions Act 1976 to hear F86such appeals as by virtue of the regulations lie to tribunals so appointed; | ||
(d) appeal tribunals constituted in accordance with a scheme in force under section 26 of the Fire Services Act 1947 (c. 41). | ||
F87(e) the Pensions Ombudsman established under Part IVA of the Social Security Pensions Act 1975 (c. 60) in respect of his functions under or by virtue of section 59C(2) of that Act. | ||
. . . F88 | 24. | . . . F88 |
Plant varieties | 25. | (a) The Controller of Plant Variety Rights and any officer authorised to exercise the functions of the Controller under section 11(5) of the Plant Varieties and Seeds Act 1964 (c. 14); |
(b) the F89Plant Varieties and Seeds Tribunal established by section 10 of the Plant Varieties and Seeds Act 1964 (c. 14). | ||
. . . F90 | 26. | . . . F90 |
Rates | 27. | Local valuation courts constituted in accordance with section 88 of the General Rate Act 1967 (c. 9). |
Rents | 28. | F91(a). . . |
(b) Rent assessment committees constituted in accordance with F92Schedule 10 to the Rent Act 1977 (c. 42). | ||
F93Residential Care Homes Registration. | F9328A. | F93Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984. |
Revenue | 29. | (a) The Commissioners for the general purposes of the income tax acting under section 2 of the Taxes Management Act 1970 (c. 9) for any division in England and Wales; |
(b) the Commissioners for the special purposes of the Income Tax Acts appointed under section 4 of the Taxes Management Act 1970 (c. 9); | ||
(c) . . . F94 | ||
(d)the tribunal constituted for the purposes of Chapter I of Part XVII of the Income and Corporation Taxes Act 1970 (c.10). | ||
F95Road Traffic. | F9530. | F95 The traffic commissioner for any area constituted for the purposes of the Public Passenger Vehicles Act M221981 (c. 14)F96and (b) a parking adjudicator appointed under section 73(3)(a) of the Road Traffic Act 1991. |
F97Social Security | F9730A | F97(a) Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992;(b) disability appeal tribunals constituted under section 43 of that Act;(c) medical appeal tribunals constituted under section 50 of that Act;(d) a Commissioner appointed under section 52 of that Act and any tribunal presided over by a Commissioner so appointed;(e) a tribunal constituted under regulations made under section 58 of that Act. |
F98. . . | F9830B. | F98. . . |
F99Transport. | F9931. | F99The Transport Tribunal constituted as provided in Schedule 4 to the Transport Act 1985. |
Wireless telegraphy | 32. | The tribunal established under section 9 of the Wireless Telegraphy Act 1949 (c. 54). |
Part II Tribunals under supervision of Scottish Committee
Matters with which tribunal concerned | Tribunal and statutory authority | |
|---|---|---|
Agriculture | 33. | Arbiters appointed (otherwise than by agreement) under section 77 of, or Schedule 6 to, the Agricultural Holdings (Scotland) Act 1949 (c. 75) |
Betting levy | 34. | An appeal tribunal for Scotland established under section 29 of the Betting, Gaming and Lotteries Act 1963 (c. 2). |
Crofters | 35. | The Crofters Commission constituted under section 1 of the Crofters (Scotland) Act 1955 (c. 21) |
Education | 36. | F100(a)Independent Schools Tribunals constituted under section 113 of, and Schedule 7 to, the Education (Scotland) Act 1962 (c. 47). |
F101(b) appeal committees set up under section 28D of the Education (Scotland) Act 1980 (c. 44). | ||
F102(c) appeal committees constituted by virtue of section 7 of, and paragraph 2(b) of Part II of Schedule 1 to, the Self-Governing Schools etc. (Scotland) Act 1989. | ||
F103Food | F10336A. | F103Tribunals constituted in accordance with regulations under Part II of the Food Safety Act 1990 being tribunals appointed for Scotland. |
Forestry | 37. | Committees appointed for the purposes of section 20 or 21 of the Forestry Act 1967 (c. 10), being committees the members of which are appointed by the Minister having functions under those sections as respects Scotland. |
. . . F104 | 37A. | . . . F104 |
Industry and employment | 38. | The industrial tribunals for Scotland established under F105section 12 of the Industrial Training Act 1964 (c. 16)F105section 128 of the Employment Protection (Consolidation) Act 1978 (c. 44). |
Land | 39. | The Lands Tribunal for Scotland constituted under section 1(1)(a) of the Lands Tribunal Act 1949 (c. 42). |
F106Milk and dairies | F10640. | F106Tribunals constituted under orders made under, or having effect as if made under, section 11 of the Milk (Special Designations) Act 1949 (c. 34). |
National Health Service | 41. | F107(a) Health Boards and joint committees of those Boards constituted under section F1082 of the M23National Health Service (Scotland) Act 1978; |
(b) the tribunal constituted under F109section 29 of the M24National Health Service (Scotland) Act 1978; | ||
(c) service committees of F110a Health Board or a joint committee of Health Boards, being committees constituted in accordance with regulations made under the National Health Service (Scotland) F111M25Act 1978. | ||
Nurses’ training institutions | 42. | Persons nominated under section 24(2) of the Nurses (Scotland) Act 1951 (c. 55). |
Pensions | 43. | (a) Pensions Appeal Tribunals for Scotland established under section 8 of the War Pensions (Administrative Provisions) Act 1919 (c. 53); |
(b) Pensions Appeal Tribunals constituted under the Pensions Appeal Tribunals Act 1943 (c. 39), being tribunals appointed for Scotland. | ||
F112(c) Tribunals appointed under regulations under section 1 of the F113M26Police Pensions Act 1976 to hear appeals relating to constables of a police force within the meaning of the Police (Scotland) Act 1967 (c. 77) and to the categories of officer mentioned in regulation 74(10) of the Police Pensions Regulations 1971, or in the corresponding regulation of any regulations amending or having effect in place of those regulations. | ||
. . . F114 | 44. | . . . F114 |
Rents | 45. | (a) Rent tribunals constituted in accordance with section 84 of the Rent (Scotland) Act 1971 (c. 28); |
(b) Rent assessment committees constituted in accordance with Schedule 5 to the Rent (Scotland) Act 1971 (c. 28). | ||
Revenue | 46. | The Commissioners for the general purposes of the income tax acting under section 2 of the Taxes Management Act 1970 (c. 9) for any division in Scotland. |
Social work | 47. | (a) Any children’s hearing constituted and arranged in pursuance of the Social Work (Scotland) Act 1968 (c. 49); |
(b) any appeal tribunal established under Schedule 5 to the Social Work (Scotland) Act 1968 (c. 49). | ||
F115Taxi fares— | F11548. | F115The traffic F116commissionerfor the Scottish Traffic Area as constituted for the purpose of the Public Passenger Vehicles Act 1981 in respect of F116hisfunctions under section 18 of the Civic Government (Scotland) Act 1982. |
SCHEDULE 2 Transitory Provisions
Application of section 7 of this Act in relation to persons appointed before 1st January 1959
1
(1)
Any person appointed by the appropriate authority before 1st January 1959 to be chairman of any tribunal to which section 7(1) of this Act applies shall from that day and during the continuance of his appointment be deemed to be, and to have been, a member of a panel constituted by the Lord Chancellor for the purposes of that tribunal and to have been selected by the appropriate authority to be chairman of the tribunal.
(2)
Any person appointed by the appropriate authority before 1st January 1959 to be a member of a panel from which apart from this Act the chairman of the tribunal would fall to be selected shall from that day and during the continuance of his appointment be deemed to be, and to have been, a member of a panel constituted by the Lord Chancellor for the purposes of that tribunal.
(3)
Any power to terminate any such appointment as is mentioned in the foregoing provisions of this paragraph shall be exercisable by, and only by, the Lord Chancellor.
(4)
Subsections (5), (7) and (8) of section 7 of this Act shall have effect in relation to this paragraph as they have effect in relation to that section.
Rules made under section 7A of Tribunals and Inquiries Act 1958 before 13th December 1966
2
Any rules in force in Scotland by virtue of section 7A of the M27Tribunals and Inquiries Act 1958 immediately before 13th December 1966 shall, if in force at the commencement of this Act, continue in force as if made under section 11 of this Act.
SCHEDULE 3 Consequential Amendments
The Lands Tribunal Act 1949 (12 7 13 Geo. 6. c. 42)
For section 3(12)(a) of the Lands Tribunal Act 1949 (substituted by section 50 of the Conveyancing and Feudal Reform (Scotland) Act 1970) there shall be substituted—
“(a)
Subsection (4) of this section shall not apply;”.
. . . F117
The Land Compensation Act 1961 (9 & 10 Eliz. 2. c. 33)
In section 21(1) of the Land Compensation Act 1961 for the words “the Tribunals and Inquiries Act 1958” there shall be substituted the words “the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby)”.
. . . F118
The Plant Varieties and Seeds Act 1964 (1964 c. 14)
In section 10(2) of the Plant Varieties and Seeds Act 1964 for the words “section 9 of the Tribunals and Inquiries Act 1958” there shall be substituted the words “section 13 of the Tribunals and Inquiries Act 1971”.
. . . F119
The National Insurance (Industrial Injuries) Act 1965 (1965 c. 52)
In section 55 of the National Insurance (Industrial Injuries) Act 1965 for the words “the Tribunals and Inquiries Act 1958” there shall be substituted the words “the Tribunals and Inquiries Act 1971”
. . . F120
. . . F121
. . . F122
F123The Transport (London) Act 1969
F123In paragraph 18(2) of Schedule 5 to the Transport (London) Act 1969 for the words “Subsection (1) of section 9 of the Tribunals and Inquiries Act 1958” there shall be substituted the words “Subsection (1) of the section 13 of the Tribunals and Inquiries Act 1971”.
The Roads (Scotland) Act 1970 (c.20)
In section 43 of the Roads (Scotland) Act 1970 for the words “the Tribunals and Inquiries Act 1958” there shall be substituted the words “the Tribunals and Inquiries Act 1971”.
