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Tribunals and Inquiries Act 1992

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Changes over time for: Section 11

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Version Superseded: 01/11/2003

Status:

Point in time view as at 01/04/2003. This version of this provision has been superseded. Help about Status

Changes to legislation:

Tribunals and Inquiries Act 1992, Section 11 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

11 Appeals from certain tribunals.U.K.

(1)Subject to subsection (2), if any party to proceedings before any tribunal specified in paragraph 8, [F115(a) or (d)], 16, F2. . ., 24, 26, 31, 33(b), 37 [F3, 40A][F4, 40B], 44 or 45 of Schedule 1 is dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal from the tribunal to the High Court or require the tribunal to state and sign a case for the opinion of the High Court.

(2)[F5This section] shall not apply in relation to proceedings before [F6employment tribunals] which arise under or by virtue of any of the enactments mentioned in section [F721(1) of [F6the Employment Tribunals Act 1996]]

(3)Rules of court made with respect to all or any of the tribunals referred to in subsection (1) 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 16 of the M1Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals from judgments of the High Court).

(4)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.

(5)An appeal to the Court of Appeal shall not be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6)Subsection (1) shall apply to a decision of the Secretary of State on an appeal under section 41 of the M2Consumer Credit Act 1974 from a determination of the [F8Office 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 (4) to a tribunal shall be construed, in relation to such an appeal, as references to the Secretary of State.

(7)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 preceding provisions of this section, or on an appeal under section 41 of the Consumer 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—

(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 (3) for “in the form of a special case for the decision of the High Court” there shall be substituted “ 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, and

(iii)subsection (5) shall be omitted,

(b)this section shall apply, with the modifications specified in paragraph (a)—

(i)to proceedings before any such tribunal as is specified in paragraph 51, 56(b), 59 or 63 of Schedule 1, and

(ii)subject to paragraph (c) below, to proceedings before the Lands Tribunal for Scotland,

as it applies to proceedings before the tribunals referred to in subsection (1);

(c)subsection (1) shall not apply in relation to proceedings before the Lands Tribunal for Scotland which arise under section 1(3A) of the M3Lands Tribunal Act 1949 (jurisdiction of the tribunal in valuation matters);

(d)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.

(8)In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) and in relation to a decision of the Secretary of State on an appeal under section 41 of the M4Consumer 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—

(a)in subsection (3), for the words from the beginning to “provide” there shall be substituted “ Rules may be made under section 55 of the M5Judicature (Northern Ireland) Act 1978 providing ”, and for “section 16 of the Supreme Court Act 1981” there shall be substituted “ section 35 of the Judicature (Northern Ireland) Act 1978 ”;

(b)in subsection (4), for “the power to make rules of court shall include power to make rules” there shall be substituted “ rules may be made under section 55 of the Judicature (Northern Ireland) Act 1978 ”;

(c)at the beginning of subsection (5), there shall be inserted “ Rules made under section 55 of the Judicature (Northern Ireland) Act 1978, relating to such proceedings as are mentioned in subsection (4), 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, but ”.

(9)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 45 of Schedule 1, 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.

(10)In this section “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly.

Textual Amendments

F1Words in s. 11(1) substituted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 20(a) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F2Word in s. 11(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 336

F3Words in s. 11(1) inserted (17.12.1992) by Sea Fish (Conservation) Act 1992 (c. 60), s. 9(2) (with s. 11(4)).

F4Words in s. 11(1) inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 20(b) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F5Words in s. 11(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 57

F6Words in s. 11(2) substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(b)(c), 16(3)(c); S.I. 1998/1658, art. 2(1), Sch. 1

F7Words in s. 11(2) substituted (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 9(2) (with s. 38)

F8Words in 11(6) substituted (1.4.2003) by 2002 c. 40, ss. 279, 278, Sch 25 para. 27(2); S.I. 2003/766, art. 2 Sch. (with art. 3)

Modifications etc. (not altering text)

C1S. 11 excluded (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 291(3), 302.

S. 11: power to modify conferred (1.9.1994) by 1994 c. 23, ss. 86(2), 101(1) (with Sch. 13 para. 9)

S. 11 excluded (E.W.S.) (3.1.1995) by 1973 c. 35, s. 3D(2) (as inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 para. 1(3); 1994/3188, art. 3(p))

S. 11 excluded (1.10.1994) by S.I. 1994/1978, art. 2

S. 11 extended (8.5.1998) by 1997 c. 66, ss. 45, 46; S.I. 1998/1028, art. 2

C2S. 11(1)(3)-(5)(10) extended (with modifications) (I.O.M.) (1.1.1993) by S.I. 1992/3205, art. 2

C3S. 11(1) excluded (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 175(8), 181(1); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2 para. 13)

C4S. 11(1) excluded (4.7.2005 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 231(4), 270; S.I. 2005/1729, art. 2(a) (subject to art. 3); S.I. 2006/1535, art. 2(a) (with art. 3, Sch.)

Marginal Citations

M51978 C. 23.

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