281.Section 49 sets out the procedure to be followed in respect of the various types of order which can be made under Part 1. These powers are mostly exercisable by the Lord Chancellor. The Scottish Ministers and the Welsh Ministers can make orders adding tribunals administered by them to the listed tribunals which the AJTC reviews and reports on (Schedule 7, paragraph 25(2)). Under section 7(9) the Senior President can make an order relating to the jurisdictions assigned to chambers, and section 49(2) provides that this order is to be treated as if it had been made by a Minister of the Crown.
Under subsection (6) orders under the following provisions are subject to affirmative resolution:
Section 11(8): power to determine who is to be treated as a party to a case for the purposes of a right of appeal to the Upper Tribunal;
Section 13(6): restrictions on right of appeal to the Court of Appeal;
Section 13(14): power to determine who is to be treated as a party to a case for the purposes of a right of appeal to the Court of Appeal;
Section 30: power to transfer functions of a tribunal into the new tribunal structure;
Section 31(1): power to abolish tribunals when their functions have been transferred;
Section 31(2), (7) and (9) and paragraph 30(1) of Schedule 5: but only if the order amends primary legislation;
Section 32: power to provide for appeals to the Upper Tribunal from tribunals in Wales;
Section 33: power to provide for appeals to the Upper Tribunal from tribunals in Scotland;
Section 34: power to provide for appeals to the Upper Tribunal from tribunals in Northern Ireland;
Section 35: transfer of Ministerial responsibilities to the Lord Chancellor;
Section 36: transfer of powers to make procedural rules;
Section 37: power to amend the lists of tribunals in Schedule 6;
Section 42(1)(a) to (d): fee orders, if no fee has previously been payable (except in the case of fees for mediation by tribunal staff);
Section 42(3): power to add a tribunal to the list of tribunals to which fees may be prescribed;
Paragraph 15 of Schedule 4: power to determine composition of tribunals.
282.All other orders under Part 1 of the Act are to be made by the negative resolution procedure.