The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010

Functions of the Administrative Appeals Chamber U.K.

10.  To the Administrative Appeals Chamber are allocated all functions related to—

(a) an appeal—

(i) against a decision made by the First-tier Tribunal, except an appeal allocated to the Tax and Chancery Chamber by article 13(a) or the Immigration and Asylum Chamber of the Upper Tribunal by article 11(a);

(ii) under section 5 of the Pensions Appeal Tribunals Act 1943 M1 (appeals against assessment of extent of disablement) against a decision of the Pensions Appeal Tribunal in Northern Ireland established under paragraph 1(3) of the Schedule to the Pensions Appeal Tribunals Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) M2 ;

(iii) against a decision of the Pensions Appeal Tribunal in Scotland established under paragraph 1(2) of the Schedule to the Pensions Appeal Tribunals Act 1943;

(iv) against a decision of the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 M3 (Mental Health Review Tribunals);

(v) against a decision of the Special Educational Needs Tribunal for Wales;

(vi) under section 4 of the Safeguarding Vulnerable Groups Act 2006 M4 (appeals);

(vii) transferred to the Upper Tribunal from the First-tier Tribunal under Tribunal Procedure Rules, except an appeal allocated to the Tax and Chancery Chamber by article 13(1)(e);

[F1 (viii) against a decision in a road transport case;]

(b) an application, except an application allocated to another chamber by article 11(c)[F2 , (d) or (e)], 12(c) or 13(g), for the Upper Tribunal—

(i) to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal's “judicial review” jurisdiction);

(ii) to exercise the powers of review under section 21(2) of that Act (Upper Tribunal's “judicial review” jurisdiction: Scotland);

(c) a matter referred to the Upper Tribunal by the First-tier Tribunal—

(i) under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal), or

(ii) under Tribunal Procedure Rules relating to non-compliance with a requirement of the First-tier Tribunal,

except where the reference is allocated to another chamber by article 11(b) or 13(f);

(d) a determination or decision under section 4 of the Forfeiture Act 1982 M5 ;

(e) proceedings, or a preliminary issue, transferred under Tribunal Procedure Rules to the Upper Tribunal from the First-tier Tribunal, except those allocated to [F3 the Lands Chamber by article 12(cc) or to] the Tax and Chancery Chamber by article 13(1)(e).

Textual Amendments

F1 Art. 10(a)(viii) substituted (20.7.2012) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2012 (S.I. 2012/1673), arts. 1, 3

F2 Words in art. 10(b) substituted (1.11.2013) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 2) Order 2013 (S.I. 2013/2068), arts. 1, 3

F3 Words in art. 10(e) inserted (1.7.2013) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2013 (S.I. 2013/1187), arts. 1, 5

Marginal Citations

M1 1943 c. 39. Section 5 was amended by section 23 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), section 16(3) of the Social Security Act 1980 (c. 30) and by paragraphs 4 and 9 of Schedule 3 to the Transfer of Tribunal Functions Order (S.I. 2008/2833).

M2 Paragraph 1 was substituted by paragraphs 24 and 28 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

M3 1983 c. 20. Section 65 was amended by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and paragraphs 39 and 45 of Schedule 3 to the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833).

M4 2006 c. 47

M5 1982 c. 34. Relevant amendments to section 4 were made by section 76(2) of the Social Security Act 1986 (c. 50) and paragraph 38 of Schedule 3 to the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833).