The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

Citation and commencement

1.  This Order may be cited as the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 and comes into force on 1st June 2009.

Transfer of functions and abolition of the Lands Tribunal

2.—(1) The functions of the Lands Tribunal are transferred to the Upper Tribunal.

(2) The Lands Tribunal is abolished.

Transfer of persons into the Upper Tribunal

3.  A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

(1) Office held	(2) Office to be held
President of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949 (c.42)	Transferred-in judge of the Upper Tribunal
Other member of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949	Transferred-in other member of the Upper Tribunal

Transfer of Rules

4.  The Lands Tribunal Rules 1996(1) have effect as if they were Tribunal Procedure Rules.

Consequential and transitional provisions

5.—(1) Schedules 1 to 3 contain amendments to legislation as a consequence of the transfers effected by this Order, by the Transfer of Tribunal Functions Order 2008(2) and by the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009(3).

(2) Schedule 1 contains amendments to primary legislation.

(3) Schedule 2 contains amendments to secondary legislation.

(4) Schedule 3 contains amendments to Church of England measures.

(5) Schedule 4 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(6) Schedule 5 contains transitional and saving provisions.

Amendment of local and private Acts, and of Transport and Works Act Orders

6.—(1) Any reference to the Lands Tribunal in a local or private Act is to be read as a reference to the Upper Tribunal.

(2) Any reference to the Lands Tribunal in an order made under section 1 or 3 of the Transport and Works Act 1992(4) is to be read as a reference to the Upper Tribunal.

(3) In paragraphs (1) and (2), a reference to the Lands Tribunal does not include a reference to the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland.

By the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

21st May 2009