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Statutory Instruments

2010 No. 2655

Tribunals And Inquiries

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

Made

28th October 2010

Laid before Parliament

2nd November 2010

Coming into force

29th November 2010

The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the power conferred by section 7(1) and (9) of the Tribunals, Courts and Enforcement Act 2007 M1.

Marginal Citations

Citation, commencement and revocationsU.K.

1.—(1) This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 and comes into force on 29th November 2010.

(2) The Orders listed in the first column of the Schedule to this Order are revoked to the extent specified in the second column.

First-tier Tribunal ChambersU.K.

2.  The First-tier Tribunal shall be organised into the following chambers—

(a)the General Regulatory Chamber;

(b)the Health, Education and Social Care Chamber;

(c)the Immigration and Asylum Chamber;

[F1(cc)the Property Chamber;]

(d)the Social Entitlement Chamber;

(e)the Tax Chamber;

(f)the War Pensions and Armed Forces Compensation Chamber.

Textual Amendments

Functions of the General Regulatory ChamberU.K.

3.  To the General Regulatory Chamber are allocated all functions related to—

(a)proceedings in respect of the decisions and actions of regulatory bodies which are not allocated to the Health, Education and Social Care Chamber by article 4 or to the Tax Chamber by article 7;

(b)[F2an application under section 324A of the Charities Act 2011 (power to authorise costs) or] matters referred to the First-tier Tribunal under [F3section 325 or 326 of that Act] (references to Tribunal);

(c)the determination of remuneration for carrying mail-bags in a ship or aircraft.

Textual Amendments

Functions of the Health, Education and Social Care ChamberU.K.

4.  To the Health, Education and Social Care Chamber are allocated all functions related to—

(a)an appeal against a decision related to children with special educational needs;

(b)a claim of disability discrimination in the education of a child;

(c)an application or an appeal against a decision or determination related to work with children or vulnerable adults;

(d)an appeal against a decision related to registration in respect of the provision of health or social care;

(e)an application in respect of, or an appeal against a decision related to, the provision of health care or health services;

(f)an appeal against a decision related to registration in respect of social workers and social care workers;

(g)an appeal against a decision related to the provision of childcare;

(h)an appeal against a decision related to an independent school or other independent educational institution;

(i)applications and references by and in respect of patients under the provisions of the Mental Health Act 1983 M2 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M3;

[F4(j)an appeal in relation to a decision to impose a financial penalty for breach of an adult social care information provision.]

Textual Amendments

Marginal Citations

Functions of the Immigration and Asylum Chamber of the First-tier TribunalU.K.

5.  To the Immigration and Asylum Chamber of the First-tier Tribunal are allocated all functions related to immigration and asylum matters, with the exception of matters allocated to—

(a)the Social Entitlement Chamber by article 6(a);

(b)the General Regulatory Chamber by article 3(a).

[F5Functions of the Property ChamberU.K.

5A.  To the Property Chamber are allocated all functions conferred on the First-tier Tribunal relating to—

(a)a reference by the Chief Land Registrar and any other application, matter or appeal under the Land Registration Act 2002;

(b)proceedings under any of the enactments referred to in section 6A(2) of the Agriculture (Miscellaneous Provisions) Act 1954 or the Hill Farming Act 1946;

(c) housing etc , under the Housing Act 2004;

(d)leasehold property;

(e)residential property;

(f)rents;

(g)the right to buy;

[F6(h)proceedings relating to mobile homes and caravan sites[F7;]]

[F8(i)proceedings for approval by the First-tier Tribunal of the exercise of a power of entry, made under paragraph 6B of Schedule 9 to the Local Government Finance Act 1988 or under section 25A of the Local Government Finance Act 1992.]

[F9(j)proceedings under Schedule 3A to the Communications Act 2003 (the Electronic Communications Code).]]

Textual Amendments

F9Art. 5A(j) inserted (6.4.2024 immediately after S.I. 2023/1220 comes into force) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024 (S.I. 2024/376), arts. 1, 2(2)

Functions of the Social Entitlement ChamberU.K.

6.  To the Social Entitlement Chamber are allocated all functions related to appeals—

(a)in cases regarding support for asylum seekers, failed asylum seekers, persons designated under section 130 of the Criminal Justice and Immigration Act 2008 M4, or the dependants of any such persons;

(b)in criminal injuries compensation cases;

(c)regarding entitlement to, payments of, or recovery or recoupment of payments of, social security benefits, child support, vaccine damage payments, health in pregnancy grant and tax credits, with the exception of—

(i)appeals under section 11 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 M5 (appeals against decisions of Her Majesty's Revenue and Customs);

(ii)appeals in respect of employer penalties or employer information penalties (as defined in section 63(11) and (12) of the Tax Credits Act 2002 M6);

(iii)appeals under regulation 28(3) of the Child Trust Funds Regulations 2004 M7;

(d)regarding saving gateway accounts with the exception of appeals against requirements to account for an amount under regulations made under section 14 of the Saving Gateway Accounts Act 2009 M8;

(e)regarding child trust funds with the exception of appeals against requirements to account for an amount under regulations made under section 22(4) of the Child Trust Funds Act 2004 M9 in relation to section 13 of that Act;

[F10(ea)appealable decisions within the meaning of section 56(3) of the Childcare Payments Act 2014;]

[F11(eb)under [F12the Childcare (Free of Charge for Working Parents) (England) Regulations 2022];]

(f)regarding payments in consequence of diffuse mesothelioma;

(g)regarding a certificate or waiver decision in relation to NHS charges;

(h)regarding entitlement to be credited with earnings or contributions;

(i)against a decision as to whether an accident was an industrial accident.

Textual Amendments

Marginal Citations

Functions of the Tax ChamberU.K.

7.  To the Tax Chamber are allocated all functions, except those functions allocated to the Social Entitlement Chamber by article 6 or to the Tax and Chancery Chamber of the Upper Tribunal by article 13, related to an appeal, application, reference or other proceeding in respect of—

(a)a function of the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs;

(b)the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 M10);

(c)the exercise by the Director of Border Revenue of functions under section 7 of the Borders, Citizenship and Revenue Act 2009 M11;

(d)a function of the Compliance Officer for the Independent Parliamentary Standards Authority.

[F13(e)a function of the Welsh Revenue Authority.]

[F14(f)the exercise by the Gambling Commission of functions under Part 3 of the Finance Act 2022 (economic crime (anti-money laundering) levy).]

Textual Amendments

F14Art. 7(f) inserted (6.4.2024 immediately after S.I. 2023/1220 comes into force) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024 (S.I. 2024/376), arts. 1, 2(3)

Marginal Citations

M102002 c. 29. Section 323 was amended by paragraph 59 of Schedule 1 to the Work and Families Act 2006 (c.18), and by paragraphs 3 and 15 of Schedule 22 and Part 5(1) of Schedule 27 to the Finance Act 2007 (c.11).

Functions of the War Pensions and Armed Forces Compensation ChamberU.K.

8.  To the War Pensions and Armed Forces Compensation Chamber are allocated all functions related to appeals under the War Pensions (Administrative Provisions) Act 1919 M12 and the Pensions Appeal Tribunals Act 1943 M13.

Marginal Citations

Upper Tribunal ChambersU.K.

9.  The Upper Tribunal shall be organised into the following chambers—

(a)the Administrative Appeals Chamber;

(b)the Immigration and Asylum Chamber of the Upper Tribunal;

(c)the Lands Chamber;

(d)the Tax and Chancery Chamber.

Functions of the Administrative Appeals ChamberU.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 M14 (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) M15;

(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 M16 (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 M17 (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);

[F15(viii)against a decision in a road transport case;]

(b)an application, except an application allocated to another chamber by article 11(c)[F16, (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 M18;

(e)proceedings, or a preliminary issue, transferred under Tribunal Procedure Rules to the Upper Tribunal from the First-tier Tribunal, except those allocated to [F17the Lands Chamber by article 12(cc) or to] the Tax and Chancery Chamber by article 13(1)(e).

Textual Amendments

Marginal Citations

M141943 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).

M15Paragraph 1 was substituted by paragraphs 24 and 28 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

M161983 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).

M181982 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).

Functions of the Immigration and Asylum Chamber of the Upper TribunalU.K.

11.  To the Immigration and Asylum Chamber of the Upper Tribunal are allocated all functions related to—

(a)an appeal against a decision of the First-tier Tribunal made in the Immigration and Asylum Chamber of the First-tier Tribunal;

(b)a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 or under Tribunal Procedure Rules by the Immigration and Asylum Chamber of the First-tier Tribunal;

[F18(c)an application for the Upper Tribunal to grant relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), or to exercise the power of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which is made by a person who claims to be a minor from outside the United Kingdom challenging a defendant’s assessment of that person’s age;

(d)an application for the Upper Tribunal to exercise the powers of review under section 21(2) of the Tribunals, Court and Enforcement Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which relates to a decision of the First-tier Tribunal mentioned in paragraph (a);

(e)an application for the Upper Tribunal to grant relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), which is designated as an immigration matter—

(i)in a direction made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 specifying a class of case for the purposes of section 18(6) of the Tribunals, Courts and Enforcement Act 2007; or

(ii)in an order of the High Court in England and Wales made under section 31A(3) of the Senior Courts Act 1981, transferring to the Upper Tribunal an application of a kind described in section 31A(1) of that Act.]

Textual Amendments

Functions of the Lands ChamberU.K.

12.  To the Lands Chamber are allocated—

(a)all functions related to—

(i)compensation and other remedies for measures taken which affect the ownership, value, enjoyment or use of land or water, or of rights over or property in land or water;

[F19(ii)appeals from decisions of—

(aa)the First-tier Tribunal made in the Property Chamber F20...;

(ab)leasehold valuation tribunals in Wales, residential property tribunals in Wales, rent assessment committees in Wales, the Agricultural Land Tribunal in Wales or the Valuation Tribunal for Wales;

(ac)the Valuation Tribunal for England;]

(iii)the determination of questions of the value of land or an interest in land arising in tax proceedings;

(iv)proceedings in respect of restrictive covenants, blight notices or the obstruction of light;

F21(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)proceedings under the Riot Compensation Act 2016.

(b)the Upper Tribunal's function as arbitrator under section 1(5) of the Lands Tribunal Act 1949 M19;

(c)an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal's “judicial review” jurisdiction) which relates to a decision of a tribunal mentioned in sub-paragraph (a)(ii);

[F22(cc)any case which may be transferred under Tribunal Procedure Rules to the Upper Tribunal from the Property Chamber of the First-tier Tribunal in relation to functions listed in article 5A(c) to (h) [F23and (j)];]

(d)any other functions transferred to the Upper Tribunal by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 M20.

Textual Amendments

F21Art. 12(a)(v) omitted (6.4.2024 immediately after S.I. 2023/1220 comes into force) by virtue of The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024 (S.I. 2024/376), arts. 1, 2(4)(a) (with art. 3)

F23Words in art. 12(cc) inserted (6.4.2024 immediately after S.I. 2023/1220 comes into force) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024 (S.I. 2024/376), arts. 1, 2(4)(b)

Marginal Citations

Functions of the Tax and Chancery ChamberU.K.

13.—(1) To the Tax and Chancery Chamber are allocated all functions related to—

(a)an appeal against a decision of the First-tier Tribunal made—

(i)in the Tax Chamber;

(ii)in the General Regulatory Chamber in a charities case;

(b)a reference or appeal in respect of—

(i)a decision of the [F24Financial Conduct Authority or the Prudential Regulation Authority];

(ii)a decision of the Bank of England;

(iii)a decision of a person related to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 M21;

(iv)a determination or dispute within the meaning of regulation 14(5) or 15 of the Financial Services and Management Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 M22;

[F25(ba)an appeal in respect of a decision of a Minister under section 147(4)(a) or (b) of the Policing and Crime Act 2017;]

(c)a reference in respect of a decision of the Pensions Regulator;

(d)an application under paragraph 50(1)(d) of Schedule 36 to the Finance Act 2008 M23;

(e)proceedings, or a preliminary issue, transferred to the Upper Tribunal under Tribunal Procedure Rules—

(i)from the Tax Chamber of the First-tier Tribunal;

(ii)from the General Regulatory Chamber of the First-tier Tribunal in a charities case;

(f)a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 or under Tribunal Procedure Rules relating to non-compliance with a requirement of the First-tier Tribunal—

(i)by the Tax Chamber of the First-tier Tribunal;

(ii)by the General Regulatory Chamber of the First-tier Tribunal in a charities case;

(g)an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal's “judicial review” jurisdiction), or to exercise the powers of review under section 21(2) of that Act (Upper Tribunal's “judicial review” jurisdiction: Scotland), which relates to—

(i)a decision of the First-tier Tribunal mentioned in paragraph (1)(a)(i) or (ii);

(ii)a function of the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, with the exception of any function in respect of which an appeal would be allocated to the Social Entitlement Chamber by article 6;

(iii)the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 M24), with the exception of any function in relation to which an appeal would be allocated to the Social Entitlement Chamber by article 6;

(iv)a function of the Charity Commission, or one of the bodies mentioned in sub-paragraph (b) or (c)[F26;

F27(h)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(i)an application under section 151, 181E or 181F of the Tax Collection and Management (Wales) Act 2016.]

(2) In this article “a charities case” means an appeal or application in respect of a decision, order or direction of the Charity Commission, [F29an application under section 324A of the Charities Act 2011,] or a reference under [F30section 325 or 326 of that Act].

Textual Amendments

F25Art. 13(1)(ba) inserted (27.7.2017 coming into force in accordance with art. 1) by The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2017 (S.I. 2017/722), arts. 1, 3

Marginal Citations

Resolution of doubt or dispute as to chamberU.K.

14.  If there is any doubt or dispute as to the chamber in which a particular matter is to be dealt with, the Senior President of Tribunals may allocate that matter to the chamber which appears to the Senior President of Tribunals to be most appropriate.

Re-allocation of a case to another chamberU.K.

15.  At any point in the proceedings, the Chamber President of the chamber to which a case or any issue in that case has been allocated by or under this Order may, with the consent of the corresponding Chamber President, allocate that case or that issue to another chamber within the same tribunal, by giving a direction to that effect.

Signed by the authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

I concur

Robert Carnwath

Senior President of Tribunals

article 1(2)

SCHEDULEU.K.Revocations

Orders revokedExtent to which revoked
The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008, SI 2008/2684.The whole Order.
The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2009, S.I. 2009/196.The whole Order, except for the purposes of article 9 (transitional provision).
The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 2) Order 2009, S.I. 2009/1021.The whole Order.
The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment (No. 3) Order 2009, S.I. 2009/1590.The whole Order.
The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2010 S.I. 2010/40.The whole Order.

Explanatory Note

(This note is not part of the Order)

This Order replaces and updates the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 as amended. As was the case with the 2008 Order, this Order organises the First-tier and Upper Tribunal into chambers and makes provision for the allocation of those tribunals' functions between the chambers. It provides a power for the Senior President of Tribunals to allocate a case to the most appropriate chamber in the event of doubt or dispute, and for a Chamber President to re-allocate a case to another chamber.

The Order also contains further new provision as regards allocation. Proceedings related to functions of the Compliance Officer for the Independent Parliamentary Standards Authority (concerned with MPs' expenses) are allocated to the Tax Chamber of the First-tier Tribunal. In the Upper Tribunal, any proceedings or a preliminary issue transferred under Tribunal Procedure Rules apart from those allocated to the Tax Chamber are allocated to the Administrative Appeals Chamber. The Order allocates to the appropriate chamber of the Upper Tribunal matters referred from the First-tier Tribunal to the Upper Tribunal for exercise of its enforcement powers. Certain judicial review applications which are within the jurisdiction of the Upper Tribunal are allocated to the Lands Chamber or to the Immigration and Asylum Chamber of the Upper Tribunal.