Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 26: 26: Clause 29 , page 23, line 9, at end insert— ““(aa) functions of the Consumer Credit Appeals Tribunal,”” The noble Baroness said: My Lords, in moving Amendment No. 26 I shall also speak to Amendments Nos. 28, 29, 30 and 96. These are technical measures to tidy up the transfer of tribunal function provisions in the Bill so they take proper account of devolution in Northern Ireland. These amendments cover the transfer of the consumer credit appeals tribunal to the new tribunals structure. Under Clause 29(5), the general rule is that functions of tribunals within the legislative competence of the Northern Ireland Assembly or Scottish Parliament may not be transferred to the first-tier or upper tribunal. Exceptions are made in respect of both Section 41 of the Consumer Credit Act 1974 and the Secretary of State’s function of deciding appeals under Section 7(1) of the Estate Agents Act 1979. Appeals under those provisions can therefore be transferred into the new structure. The need for government amendments arises because the Consumer Credit Act 1974 is being amended by the Consumer Credit Act 2006. The 2006 Act will ensure that appeals, which are currently heard by a panel nominated by the Secretary of State, will go to a new consumer credit appeals tribunal. The timetable for commencement of those provisions has not yet been settled, and the consumer credit appeals tribunal may not be up and running before the Bill receives Royal Assent. We therefore need to cater for both the current and future consumer credit appeal regimes. The current regime is catered for in the Bill, but the new one is catered for only in respect of England and Wales. Since in Northern Ireland consumer credit is a devolved matter and so within the competence of the Northern Ireland Assembly, Amendment No. 26 inserts a reference to the new consumer credit appeals tribunal in Clause 29(6) so that the transfer can take place. Consequential amendments are needed to Clauses 33 and 34, which will allow the transfer of the relevant functions and rule-making powers in respect of the Consumer Credit Act appeals, whether they are decided by the Secretary of State under the present system or by the new tribunal once the provisions are commenced. Amendments Nos. 28, 29 and 30 make these changes. Amendment No. 96 to Schedule 8 deals with the repeal that may be necessary, depending on when the Consumer Credit Act 2006 is brought into force. I beg to move. On Question, amendment agreed to.