Part 1Tribunals and Inquiries

Chapter 3Transfer of tribunal functions

36Transfer of powers to make procedural rules for certain tribunals

(1)

The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to—

(a)

himself, or

(b)

the Tribunal Procedure Committee.

(2)

A power may not be transferred under subsection (1) if, or to the extent that, the provision conferring the power—

(a)

would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b)

would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(3)

Subsection (2) does not apply to—

(a)

power conferred by section 40A(3)F1. . . of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or

(b)

power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38) (duty of Secretary of State to make regulations with respect to appeals under section 7(1) of that Act).

(4)

An order under subsection (1)(b)—

(a)

may not alter any parliamentary procedure relating to the making of the procedural rules concerned, but

(b)

may otherwise include provision for the purpose of assimilating the procedure for making them to the procedure for making Tribunal Procedure Rules.

(5)

An order under subsection (1)(b) may include provision requiring the Tribunal Procedure Committee to make procedural rules for purposes notified to it by the Lord Chancellor.

(6)

An order under this section—

(a)

may relate to a power either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b)

may include provision for the purposes of or in consequence of, or for giving full effect to, the transfer;

(c)

may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(7)

A power to make procedural rules for a tribunal that is exercisable by the Tribunal Procedure Committee by virtue of an order under this section must be exercised by the committee with a view to securing—

(a)

that the system for deciding matters within the jurisdiction of that tribunal is accessible and fair,

(b)

that proceedings before that tribunal are handled quickly and efficiently,

(c)

that the rules are both simple and simply expressed, and

(d)

that the rules where appropriate confer on persons who are, or who are members of, that tribunal responsibility for ensuring that proceedings before that tribunal are handled quickly and efficiently.

(8)

In this section—

“procedural rules”, in relation to a tribunal, means provision (whether called rules or not) regulating practice or procedure before the tribunal;

“scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.