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The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009
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- UK Statutory Instruments
- 2009 No. 1307
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6.Amendment of local and private Acts, and of Transport and Works Act Orders
Consequential amendments to primary legislation
7.In section 47 (compensation under section 2 of Compensation (Defence)...
9.In section 59(1) (interpretation etc.) insert in the appropriate place—...
11.In section 1 (establishment and jurisdiction of Lands Tribunal)—
12.In section 2 (members, officers and expenses of Lands Tribunal)—...
15.In section 6(1) (compensation for loss of office) for “Lands...
16.In section 7(1) and (2) (savings, etc.) for “Lands Tribunal”,...
17.For section 9(1) to (3) (application to Northern Ireland) substitute—...
22.In section 3(1)(b) (roads and streets) for “Lands Tribunal” substitute...
23.In section 4(4) (drains and water-pipes) for “Lands Tribunal” substitute...
25.In section 10(5) (prevention of obstruction of airfields) for “Lands...
26.In section 18(5) (compensation in respect of wayleave orders and...
27.Omit section 22 (abolition and transfer of jurisdiction of General...
28.In section 25 (interpretation – general and in relation to...
29.In paragraph 3 of Schedule 4 (supplementary provisions as to...
32.In section 40(3) (claims for compensation payable by the Board)...
34.In paragraph 1 of Schedule 3 (provisions as to compensation...
37.In section 1 (tribunal for assessing compensation in respect of...
38.Omit sections 2 (procedure on references under section 1) and...
40.In section 5 (rules for assessing compensation), in rule (5)...
41.In section 5A(7) (relevant valuation date) for “Lands Tribunal” substitute...
42.In section 17(2) (certification of appropriate alternative development) for “Lands...
43.In section 31(2), (3), (4) and (6) (withdrawal of notices...
44.In section 35 (certificates of value) for “Lands Tribunal” substitute...
48.In section 48 (determination by Lands Tribunal of questions as...
50.In paragraph 4(3) of Schedule 2 (applications for grant of...
51.In paragraph 3 of Schedule 3 (provisions for rendering compulsory...
54.In section 10(3) and (4) (exclusion of double compensation), in...
55.In section 23 (assessment of compensation)— (a) in subsections (1),...
60.In section 5(2A)(d) and (2D) (notice to treat and untraced...
61.In section 6 (reference to Lands Tribunal) for “Lands Tribunal”,...
63.In section 10(1) (further provision as to compensation for injurious...
64.In section 11(3) (powers of entry) for “Lands Tribunal” substitute...
65.In section 15(1) (mortgage debt exceeding value of mortgaged land)...
66.In section 16(1) (acquisition of part of land subject to...
67.In section 17(2) (compensation where mortgage paid off before stipulated...
68.In section 18(1) and (2)(b) (rentcharges) for “Lands Tribunal” substitute...
69.In section 19(2) (apportionment of rent under leases) for “Lands...
70.In section 20(3) (tenants at will etc) for “Lands Tribunal”...
71.In paragraph 4(4) of Schedule 1 (valuation on purchase by...
73.In Schedule 4 (common land)— (a) in paragraph 5(4) for...
74.In Schedule 7 (consequential amendments of references to enactments), in...
76.In section 5(2)(b) (forestry dedication covenants and agreements) for “Lands...
77.In section 31(1)(a) (determination of matters arising under sections 11,...
80.In section 16(7) and (8) (compensation) for “Lands Tribunal” substitute...
81.In section 17(3) (acquisition of land, or rights in land,...
83.In section 20(4)(b) and (4A) (jurisdiction and special powers of...
84.In section 21 (jurisdiction of Lands Tribunal) in the heading...
85.In section 31(2)(a) (ecclesiastical property) for “Lands Tribunal” substitute “Upper...
86.In paragraph 8(1)(b) and (1A) of Schedule 2 (provisions supplementary...
88.In section 75(6)(b) (lands above mean high water level) for...
92.In section 21(7) and (8) (compensation) for “Lands Tribunal” substitute...
93.In section 22(6) (acquisition of land, or rights in land,...
94.In section 25(7)(c), (d) and (e) (further provisions as to...
96.In section 46D (questions to be determined by Lands Tribunal)—...
97.In section 47B(a) (special jurisdiction relating to Business Expansion Scheme)...
102.In section 3(5) (claims) for “Lands Tribunal in respect of...
103.In section 16(1) (disputes) for “Lands Tribunal” substitute “Upper Tribunal”....
104.In section 30(3) (amount of home loss payment in England...
105.In section 33A(4)(e) (basic loss payment) for “Lands Tribunal” substitute...
106.In section 33I(1) (payment) for “Lands Tribunal” substitute “Upper Tribunal”....
107.In section 38(4) (amount of disturbance payment) for “Lands Tribunal”...
108.In section 52ZC(10)(c) (land subject to mortgage: supplementary) for “Lands...
109.In section 54(1), (3) and (6)(b) (effect of counter-notice under...
110.In section 56(1) and (3)(d) (effect of counter-notice under section...
111.In section 58(1) (determination of material detriment where part of...
112.In section 61(2) (notice to quit part of agricultural holding:...
119.In section 15(6) (power of local authorities to survey land...
120.In section 24(5) (provisions supplementary to section 23)—
123.In section 6(1) and (2) (appeal) for “Lands Tribunal” substitute...
124.In section 7(1)(b) (effect of apportionment order) for “Lands Tribunal”...
125.In section 13(1) (interpretation), in the definition of “apportionment order”...
127.In section 8(4) (recovery of compensation on subsequent grant of...
128.In section 17(7) (agreement concerning ancient monuments and land in...
129.In section 47 (general provisions with respect to claims for...
135.In section 262(1)(b) and (2)(b) (assumptions to be made in...
136.In section 271(3) (provisions with respect to transfer of toll...
137.In section 307 (disputes as to compensation which are to...
140.In section 10 (president or other member of either Lands...
141.In section 16 (application of Part 2 and interpretation), in...
143.In paragraph 6 of Part 2 of Schedule 6 (modifications...
144.In Schedule 7 (assessment of compensation to statutory undertakers)—
146.In section 10(3) (acquiring authority’s liability arising on vesting of...
147.In section 11(4) (recovery of compensation overpaid) for the words...
150.In section 4(2) (assessment of compensation) for “Lands Tribunal”, in...
153.In section 44(6) (power to obtain rights over land) for...
154.In section 50(7) (power of entry for purposes of survey)...
155.In section 51(1) (special provisions for statutory undertakers) for “Lands...
156.In section 105 (general interpretation)— (a) in subsection (1)—
157.In paragraph 5 of Schedule 8 (provisions relating to orders...
161.In section 77(2) (general provisions concerning tribunal applications) after “in...
162.In Schedule 2 (Mental Health Review Tribunal for Wales), after...
169.In section 7(13) (power to enter former mining land etc.)—...
170.In section 8(11) (works on former mining land etc.) —...
172.In section 269(6)(a) and (b) (right of appeal against order)...
173.In section 296(3) (apparatus of statutory undertakers) for “Lands Tribunal”...
174.In section 550(2)(a) (compulsory purchase compensation to be made up...
175.In section 584B(6) (repayment on revocation of demolition or prohibition...
176.In paragraph 11(5B) of Schedule 5 (exceptions to the right...
181.In section 12D(4) (nominated persons: supplementary provisions) for “Lands Tribunal”...
182.In section 14(4) (withdrawal of nominated person from transaction) for...
183.In section 33(2)(a) (acquisition order where landlord cannot be found)...
184.In section 34(4) (discharge of acquisition order and withdrawal by...
186.In section 46 (determination of questions referred to arbitration) for...
187.In Part 3 of Schedule 5 (supplementary provisions as to...
194.In section 109(3)(a), (4) and (5) (apportionment of compensation for...
195.In section 118 (determination of claims for compensation)—
196.In section 146(1), (4) and (8)(b) (effect of counter-notice under...
197.In section 152(2)(b) (further counter-notices where certain proposals have come...
198.In section 153 (reference of objection to Lands Tribunal: general)—...
199.In section 154(1)(b), (3)(a), (4)(a) and (b) and (6)(b) (effect...
200.In section 155(1)(a) and (b) and (3)(b) and (c) (effect...
201.In section 156(1) (withdrawal of blight notice) for “Lands Tribunal”...
202.In section 159(3), (4) and (5) (objections to section 158...
203.In section 160(2)(a) and (4)(a) (effect of notices served by...
204.In section 163(2)(b)(i) (prohibition on service of simultaneous notices under...
205.In section 166(1)(b) and (2) (saving for claimant’s right to...
206.In section 186 (compensation for loss due to stop notice)—...
208.In section 223 (repayment of expense of removing prohibited advertisements)—...
209.In section 250 (compensation for orders under section 249)—
210.In section 280(4) and (5) (measure of compensation to statutory...
212.Planning (Listing Buildings and Conservation Areas) Act 1990
217.In section 6(4) and (6) (schedule of remedial works) for...
218.In section 40(1) (disputes: general) for “Lands Tribunal” substitute “appropriate...
219.In section 52 (interpretation) omit the definition of “the Lands...
221.In paragraph 11(3)(a) of Part 2 of Schedule 6 (supplemental...
222.In paragraph 4 of Schedule 9 (modification of compensation provisions...
223.In paragraph 8(6) of Schedule 11 (orders conferring compulsory works...
224.In paragraph 3(1) of Schedule 12 (compensation etc. in respect...
225.In paragraph 2(4) of Schedule 14 (mineral rights) for “Lands...
228.In section 61(5) (compensation where licence modified on direction of...
229.In section 62(5) (compensation for owner of fishing rights applying...
230.In section 63(4)(b) (Secretary of State to indemnify Agency in...
232.In paragraph 4 of Schedule 18 (modification of compensation provisions...
233.In paragraph 8(6) of Schedule 19 (orders conferring compulsory works...
234.In paragraph 6(3)(a) of Schedule 20 (supplemental provisions with respect...
235.In Schedule 21 (compensation etc. in respect of certain works...
236.In paragraph 2(4) of Schedule 23 (mineral rights) for “Lands...
238.In section 14(6) (general drainage powers of boards and local...
239.In section 22(7) (powers of ministers to authorise landowners to...
240.In section 29(6) (effect of order under section 28) for...
241.In section 46(6) (hearing and determination of appeals under section...
242.In section 64(5) (powers of entry for internal drainage boards...
245.In section 11(1) (appeals from certain tribunals) omit “, 44”....
246.In Part 1 of Schedule 1 (tribunals under direct supervision...
249.In Schedule 5 (retirement provisions: the relevant offices) in the...
250.In Schedule 7 (retirement dates: transitional provisions) in paragraph 5(2)(b)...
252.In paragraph 13(2) of Schedule 2 (works: supplementary – compensation)...
253.In paragraph 6(3) of Schedule 5 (temporary occupation and use...
254.In paragraphs 16(4) and 27(2) of Schedule 7 (groundwater damage...
257.In section 59(2)(e) (information to be kept confidential by the...
258.In paragraph 4 of Schedule 1B (modification of compensation provisions...
267.In paragraph 5(2) of Schedule 6 (further provisions relating to...
272.In section 42(4)(b)(i) and (ii) (recovery of expenses of taking...
273.In section 50(7)(a) (recovery of charge under section 49) for...
274.In section 143(4)(a) and (b) (appeals against overcrowding notices) for...
275.In section 181(3) (exceptions to the right to buy: determination...
276.In section 231 (appeals from residential property tribunals)—
277.In section 255(7)(a) and (b) (HMO declarations) for “Lands Tribunal”...
278.In paragraphs 19(2)(a) and (b) and 20(3)(a) and (b) of...
279.In paragraphs 14(2)(a) and (b) and 15(3)(a) and (b) of...
282.In paragraphs 27(3)(a) and (b) and 31(3)(a) and (b) of...
283.In paragraphs 29(3)(a) and (b) and 33(3)(a) and (b) of...
285.In Schedule 7 (protected functions of the Lord Chancellor) omit...
292.In section 53(8) (rights of entry) for “Lands Tribunal” substitute...
293.In section 152(4) (compensation in case where no right to...
294.In section 165 (rights of entry: supplementary provisions)—
295.In section 192(7) (tree preservation orders), in the provision to...
296.In section 219 (compensation) — (a) in subsection (6) for...
297.In paragraphs 6(6)(a) and 7(3)(d) of Schedule 6 (changes to,...
298.In Schedule 12 (application of Act to Scotland: modifications)—
Consequential amendments to secondary legislation
1.Lands Tribunal (Statutory Undertakers Compensation Jurisdiction) Order 1952
2.In article 3 (transfer of jurisdiction) for “Lands Tribunal” substitute...
3.In article 8 (provision for variation) for “Rules made under...
4.Landlord and Tenant (Determination of Rateable Value Procedure) Rules 1954
5.In rule 8 for “Lands Tribunal” substitute “Upper Tribunal”.
12.Town and Country Planning (Compensation and Certificates) Regulations 1974
13.In regulation 7 (claims for compensation under Part 7 of...
14.In regulation 12 (claims by rentcharge owners – disputes)—
15.In regulation 15 (contributions by Secretary of State under Part...
16.In paragraph 4(b)(ii) of Schedule 2 (provisions for determining rentcharge...
18.Internal Drainage Boards (Acquisition of New Interests and Rights) Regulations 1977
20.In rule 10(1) and (7) (light obstruction notices) for “Lands...
21.In Part 11 of Schedule 2 (particulars of registration) for...
23.Control of Off-Street Parking (England and Wales) Order 1978
24.Control of Off-Street Parking (England and Wales) (Metropolitan Districts) Order 1986
27.In rule 2(2) (interpretation)— (a) in the definition of “Court”...
28.In rule 7(3) (payment schedule) for “Lands Tribunal” substitute “Upper...
29.In rule 8(1) (preparation and amendment of schedules) for “Lands...
32.Valuation and Community Charge Tribunals Regulations 1989
33.In regulation 31(1)(d) (community charge appeals - review of decisions)...
34.In regulation 49(5)(c) (council tax appeals - review of decisions)...
35.Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989
37.Non-Domestic Rating (Payment of Interest) Regulations 1990
39.Ancient Monuments (Claims for Compensation) (England) Regulations 1991
42.Non-Domestic Rating Contributions (England) Regulations 1992
43.Council Tax (Alteration of Lists and Appeals) Regulations 1993
46.In regulation 16(4) (management agreements) for “Lands Tribunal” substitute “Upper...
47.In regulation 59(3) (planning permission: supplementary provisions as to compensation)...
48.In regulation 74(4) (consents under Electricity Act 1989: compensation for...
49.In regulation 78(4) (authorisations under the Pipe-lines Act 1962: compensation...
50.In regulation 82(4) (orders under the Transport and Works Act...
51.In regulation 92 (compensation: other supplementary provisions)—
52.In regulation 96(2) and (3) (compensation: England and Wales) for...
56.For rule 1 (citation and commencement) substitute— Citation, commencement and...
58.After rule 2 insert— Delegation to staff (1) Staff appointed under section 40(1) of the Tribunals, Courts...
60.In rule 5 (hearings to be held in public: exceptions)—...
62.In rule 5B(A) and (1) (interpretation) for “first-tier tribunal” substitute...
66.In rule 10 (notice of reference)— (a) in paragraph (4)(b)...
67.In rule 16 (suspension of proceedings)— (a) omit “the President...
71.In rule 26(f) (application of the Arbitration Act 1996) omit...
72.In rule 26A (application of the Arbitration Act 1996) omit...
73.In rule 28 (simplified procedure)— (a) in paragraph (1) for...
77.In rule 32(a) (application of Arbitration Act 1996) omit “Lands”....
80.In rule 38 (interlocutory applications)— (a) in paragraphs (1), (8),...
81.In rule 39(6) (pre-trial review) for “(11)” substitute “(10)”.
82.In rule 43 (preliminary issues)— (a) in paragraph (1) omit...
83.In rule 45 (withdrawal or dismissal of appeal etc, before...
86.In rule 50 (decision of tribunal)— (a) in paragraph (5)...
87.In rule 52 (costs)— (a) for the heading substitute “taxation...
88.In rule 54 (service of notices)— (a) omit paragraph (4);...
89.In rule 56 (substituted service) omit— (a) “President or the”;...
90.For Part 9 (transitional provisions) substitute— PART8A Permission to appeal...
91.In Schedule 1— (a) in Form 1 (application for certificate...
95.Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003
97.In regulation 5(3)(b) (determination of entitlement to compensation) for “Lands...
98.In regulation 6(3)(c) and (4)(b) (determination as to amount) for...
99.Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004
100.Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005
101.In regulation 4(1)(e) and (3)(b)(ii) and (c) (circumstances in which...
102.In regulation 8(10)(b)(i) and (ii) (invalid proposals) for “Lands Tribunal”...
103.In regulation 17(4)(b) and (5)(b)(i) and (ii) (notification of alteration)...
104.In regulation 35(2), (5)(c) and (9) (review of decisions) for...
105.In regulation 37 (appeals)— (a) in paragraphs (1), (5) and...
106.In regulation 39(1)(b), (3) and (4) (notification of further proceedings)...
108.Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
109.In regulation 11(1)(g) (registers of licences) for “Lands Tribunal” substitute...
110.In regulation 12(1)(g) (registers of temporary exemption notices) for “Lands...
111.In regulation 13(1)(f) (registers of management orders) for “Lands Tribunal”...
112.Residential Property Tribunal Procedure (England) Regulations 2006
114.Transport and Works (Model Clauses for Railways and Tramways) Order 2006
117.Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006
118.National Assembly for Wales (Disqualification) Order 2006
119.Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007
120.Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007
121.Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007
122.Environmental Permitting (England and Wales) Regulations 2007
124.In paragraph 26 of Schedule 5 (environmental permits – payment...
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