SCHEDULES

SCHEDULE 5 U.K. Procedure in First-tier Tribunal and Upper Tribunal

Part 1 U.K. Tribunal Procedure Rules

Delegation of functions to staff U.K.

3 (1) Rules may provide for functions— U.K.

(a) of the First-tier Tribunal, or

(b) of the Upper Tribunal,

to be exercised by staff appointed under section [F1 40(1)] [F1 2(1) of the Courts Act 2003 or section 40(1) of this Act].

(2) In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Rules may (in particular)—

(a) provide for the function to be exercisable by a member of staff only if the member of staff is, or is of a description, specified in exercise of a discretion conferred by Rules;

(b) provide for the function to be exercisable by a member of staff only if the member of staff is approved, or is of a description approved, for the purpose by a person specified in Rules.

[F2 (3) A person may exercise functions by virtue of this paragraph only if authorised to do so by the Senior President of Tribunals.

(4) An authorisation under this paragraph—

(a) may be subject to conditions, and

(b) may be varied or revoked by the Senior President of Tribunals at any time.

(5) The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals' functions under the preceding provisions of this paragraph—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of this Act.

(6) A person to whom functions of the Senior President of Tribunals are delegated under sub-paragraph (5)(b) is not subject to the direction of any person other than—

(a) the Senior President of Tribunals, or

(b) a judicial office holder nominated by the Senior President of Tribunals,

when exercising the functions.

(7) Subsections (3) to (5) of section 8 apply to—

(a) a delegation under sub-paragraph (5), and

(b) a nomination under sub-paragraph (6),

as they apply to a delegation under subsection (1) of that section.

(8) In this paragraph—

• “function” does not include—

  (a)

  any function so far as its exercise involves authorising a person's committal to prison or arrest;

  (b)

  any function of granting an injunction;

• “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.]

Textual Amendments

F1 Words in Sch. 5 para. 3(1) substituted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 44(2); S.I. 2020/24, regs. 2(b)(iv), 3(b)

F2 Sch. 5 para. 3(3)-(8) inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 44(3); S.I. 2020/24, regs. 2(b)(iv), 3(b)