(1)In this Act, except where the context otherwise requires—
“decision”, “procedural rules” and “working”, in relation to a tribunal, shall be construed subject to section 14,
F1...
[F2“enactment” includes an Act of the Scottish Parliament,]
“Minister” includes [F3the [F4Welsh Ministers] and] any Board presided over by a Minister,
[F5“Northern Ireland devolved provision” means provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998),]
F6...
“statutory inquiry” means—
an inquiry or hearing held or to be held in pursuance of a duty imposed by any statutory provision, or
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),
[F7but does not include an inquiry or hearing held or to be held in Wales under any provision of the Town and Country Planning Act 1990, [F8the Planning (Listed Buildings and Conservation Areas) Act 1990] [F8Parts 3 to 5 of the Historic Environment (Wales) Act 2023] or the Planning (Hazardous Substances) Act 1990,] and
“statutory provision” means a provision contained in, or having effect under, any enactment,
F9...
(2)The Lord Chancellor F10. . . 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.
[F11(2A)In relation to inquiries or hearings held or to be held in Northern Ireland, the power to make an order under subsection (2) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and subsection (2) is to be read accordingly.]
[F12(2B)The power to make an order under subsection (2) is not exercisable in relation to inquiries or hearings held or to be held in Wales by or on behalf of the Welsh Ministers.
(2C)The Welsh Ministers may by order designate for the purposes of this section any inquiry or hearing held or to be held in Wales by or on behalf of the Welsh Ministers 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.
Textual Amendments
F1Words in s. 16 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 13(a)
F2S. 16(1): definition of "enactment" inserted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 30(b); S.I. 2007/2709, art. 3(b)(i)
F3S. 16(1): words in the definition of “Minister”inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 33 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F4Words in s. 16(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 38 (with Sch. 11 para. 22) (the amending provision coming into force immediately after the 2007 election (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of the initial period (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act)
F5S. 16(1): definition of "Northern Ireland devolved provision" inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 48(6) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F6Words in s. 16 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 13(b)
F7Words in s. 16(1) inserted (E.W.) (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 27; S.I. 2017/546, art. 3(e)
F8Words in s. 16(1) substituted (W.) (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 165 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F9Words in s. 16 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 13(c)
F10Words in s. 16(2) omitted (1.7.1999) by S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 11; S.I. 1998/3178, art. 3
F11S. 16(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 48(7) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F12S. 16(2B)(2C) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 32(5)
Modifications etc. (not altering text)
C1S. 16(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
