SCHEDULE 1Consequential provisions – primary legislation

PART 3Provisions consequential upon transfer of functions from and abolition of the Adjudicator to Her Majesty’s Land Registry

Superannuation Act 1972217

In the Superannuation Act 197294, in Schedule 1 (kinds of employment, etc, referred to in section 1), omit the entry relating to employment by the Adjudicator to Her Majesty’s Land Registry.

House of Commons Disqualification Act 1975218

In the House of Commons Disqualification Act 197595, in Schedule 1 (judicial offices disqualifying for membership), omit “Adjudicator to Her Majesty’s Land Registry”.

Northern Ireland Assembly Disqualification Act 1975219

In the Northern Ireland Assembly Disqualification Act 197596, in Schedule 1 (judicial offices disqualifying for membership), omit “Adjudicator to Her Majesty’s Land Registry”.

Tribunals and Inquiries Act 1992220

In the Tribunals and Inquiries Act 199297, in Schedule 1 (tribunals under general supervision of Council), omit the entry numbered 27B relating to Land Registration.

Judicial Pensions and Retirement Act 1993

221

The Judicial Pensions and Retirement Act 199398 is amended as follows.

222

In Part 2 of Schedule 199 (other appointments), omit the entries relating to—

a

the Adjudicator to Her Majesty’s Land Registry, and

b

persons authorised by the Adjudicator in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002.

223

In Schedule 5100 (retirement provisions: the relevant offices), omit the following entries—

a

“Adjudicator to Her Majesty’s Land Registry”;

b

“Persons authorised by the Adjudicator to Her Majesty’s Land Registry in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002 to carry out functions which are not of an administrative character”.

Law of Property (Miscellaneous Provisions) Act 1994224

In the Law of Property (Miscellaneous Provisions) Act 1994101, in section 17 (notices affecting land: absence of knowledge of intended recipient’s death), in subsection (3)(c), omit “or the Adjudicator to Her Majesty’s Land Registry”.

Land Registration Act 2002

225

The Land Registration Act 2002102 is amended as follows.

226

In section 73(7) (objections), for “adjudicator”, substitute “First-tier Tribunal”.

227

Omit section 107 (the adjudicator).

228

In section 108 (jurisdiction)—

a

in subsection (1), for “adjudicator”, substitute “First-tier Tribunal”;

b

in paragraph (a) of subsection (1), for “him” substitute “it”;

c

in subsection (2), for “adjudicator” substitute “First-tier Tribunal”;

d

after subsection (4) insert—

5

The Lord Chancellor may require the registrar to make payments towards expenses of the Lord Chancellor in support of the functions conferred on the First-tier Tribunal by this section.

229

Omit section 109 (procedure).

230

In section 110 (functions in relation to disputes)—

a

in subsection (1), for “adjudicator”, substitute “First-tier Tribunal” and omit “himself”;

b

in subsection (2)—

i

for “Rules” substitute “Tribunal Procedure Rules”;

ii

in paragraphs (a) and (b), for “adjudicator”, in both places, substitute “First-tier Tribunal”;

c

in subsection (3)—

i

for “Rules”, substitute “Tribunal Procedure Rules”;

ii

for “adjudicator”, in both places, substitute “First-tier Tribunal”;

iii

for “the rules”, substitute “Tribunal Procedure Rules”;

d

in subsection (4), for “adjudicator”, in both places, substitute “First-tier Tribunal”.

231

In section 111 (appeals)—

a

For subsections (1) and (2), substitute—

1

Subject to this section, a person aggrieved by a decision of the First-tier Tribunal under this Act may appeal to the Upper Tribunal.

2

An appeal may not be brought under subsection (1) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)).

2A

An appeal may not be brought under subsection (1) in the case of a decision under paragraph 4 of Schedule 5 (but this does not prevent an appeal on a point of law under section 11 of the Tribunals, Courts and Enforcement Act 2007).

2B

An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal).

2C

An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.

b

in subsection (3)—

i

after “under this section” insert “or under section 11 of the Tribunals, Courts and Enforcement Act 2007”;

ii

for “court” in both places, substitute “Upper Tribunal”;

c

after subsection (3) insert—

4

In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.

232

In section 112 (enforcement of orders etc) for “adjudicator” substitute “First-tier Tribunal”.

233

Omit section 113 (fees).

234

Omit section 114 (supplementary).

235

In section 128 (rules, regulations and orders)—

a

in subsection (4)(b), for “Part 11 or section 121”, substitute “section 121, or”;

b

omit subsection (4)(c).

236

In section 132 (general interpretation), in subsection (1), omit the entry relating to the adjudicator.

237

In Schedule 5, in paragraph 4 (land registry network: appeals)—

a

in sub-paragraph (1), for “adjudicator” substitute “First-tier Tribunal”;

b

in sub-paragraph (2)—

i

for “adjudicator” substitute “First-tier Tribunal”;

ii

for “he” substitute “the tribunal”;

iii

for “his” substitute “its”.

c

omit sub-paragraph (3).

238

Omit Schedule 9 (which makes further provision about the adjudicator).

Constitutional Reform Act 2005

239

The Constitutional Reform Act 2005103 is amended as follows.

240

In Schedule 7 (protected functions of the Lord Chancellor), in the entry relating to the Land Registration Act 2002, for the references to section 107(1) and to Schedule 9, substitute “Section 108(5)”.

241

In Part 3 of Schedule 14 (appointments by the Lord Chancellor: offices to which paragraph 12(2)(d) of Schedule 12 applies) omit the entry relating to the Adjudicator to Her Majesty’s Land Registry.