Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009

I shall speak also to the draft Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009, the draft Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 and the draft Transfer of Functions of the Charity Tribunal Order 2009. These orders transfer the entire jurisdictions of the consumer credit appeals tribunal, the estate agents appeal panel, the charity tribunal and most of the jurisdiction of the transport tribunal into the first-tier tribunal and upper tribunal created by the Tribunals, Courts and Enforcement Act 2007. This is a further phase in a series of transfers. The need to re-examine the tribunals system was first set out in Sir Andrew Leggatt’s review Tribunals for Users—One System, One Service. Accepting his proposals, the Government created the Tribunals Service in 2006 and this was followed by the Tribunals, Courts and Enforcement Act 2007. It provided for the first-tier tribunal and upper tribunal, creating a unified appeal structure. In November 2008, three first-tier chambers commenced work: the social entitlement chamber, the health, education and social care chamber and the war pensions and Armed Forces compensation chamber. The administrative appeals chamber of the upper tribunal was also established. In April 2009 the first-tier tribunal tax chamber and the upper tribunal finance and tax chamber were established, and this was followed by the creation of the upper tribunal lands chamber this month. These transfer orders provide for the first transfers into the new general regulatory chamber of the first-tier tribunal, which will be established on 1 September 2009. Part of the jurisdiction of the transport tribunal will also transfer to the upper tribunal administrative appeals chamber. The jurisdiction of the charity tribunal will transfer in part to the finance and tax chamber of the upper tribunal, to be renamed the "tax and chancery chamber" to reflect its new remit. A separate order, which is subject to the negative resolution procedure, will amend the existing chambers order to establish the general regulatory chamber and assign functions to the chambers as appropriate. Each chamber under the Act is required to have a chamber president, whose role is the maintenance and improvement of the chamber’s expertise. The first-tier tribunal general regulatory chamber will have a chamber president selected by the Judicial Appointments Commission. An acting chamber president will be appointed by the senior president of tribunals under his powers in the Act until an appointment can be made. Each of the transfer orders provides for the transfer of existing judges and members to the first-tier tribunal or upper tribunal as appropriate, which is essential for ensuring that a good service is maintained and existing specialist expertise is protected. The provisions of the Act mean that judges and members can be invited to sit in another jurisdiction within the tribunal to which they have been transferred, but that will happen only if the individual has the necessary qualification, is acceptable to the chamber president and has undertaken any necessary training, and if there is a business need. Rules for the general regulatory chamber will be made by the tribunal procedure committee, which was created under the Act. The committee is chaired by a Lord Justice of Appeal, Lord Justice Elias, and includes representatives from a number of organisations, including the Administrative Justice and Tribunals Council, the Bar Pro Bono Unit and the Free Representation Unit. The rules are made with the agreement of the Lord Chancellor and laid before Parliament under the negative resolution procedure. Rules for the upper tribunal administrative appeals chamber are also made by the tribunal procedure committee and replace existing functions for the transport tribunal. Transitional provisions in each of the orders ensure that cases currently being heard by the transferring tribunals will not be adversely affected by the transfer. A hearing that has commenced but not completed will be completed by a panel comprising the same members. Directions and orders made by a transferring tribunal prior to each of these orders coming into force will continue in force as if they were directions or orders of the first-tier tribunal or upper tribunal, as appropriate. I turn to the detail of each order. I will take the consumer credit appeals tribunal and estate agents appeal panel together. Article 2 of the Consumer Credit Appeals Tribunal Order 2009 and the Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 transfers the jurisdictions in their entirety to the first-tier tribunal and abolishes the consumer credit appeals tribunal and the estate agents appeal panel. Article 3 of both orders provides for members of the tribunal and panel to be transferred to hold offices in the first-tier tribunal and, in the case of the president of the consumer credit appeals tribunal, in the upper tribunal. Article 4 of the consumer credit appeals tribunal order 2009 and Article 5 of the Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 provide for consequential amendments to and repeals and revocations of primary and secondary legislation, and transitional and saving provisions. These are set out in full in the schedules. Article 4 of the estate agents appeal panel order adds the London service permits appeals panel to the table in Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007. That brings the London service permits appeals panel within the scope of the Lord Chancellor’s power to transfer tribunal functions to the first-tier tribunal or the upper tribunal. The functions of the panel are transferred to the first-tier tribunal in the transport tribunal order. I move now to the draft Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009. Article 2 transfers part of the jurisdiction of the transport tribunal to the first-tier tribunal and part to the upper tribunal. That is in line with our proposals in our consultation Transforming Tribunals in 2007. The jurisdiction to hear appeals from decisions of traffic commissioners transfers to the upper tribunal administrative appeals chamber. Traffic commissioners are in effect an appeal body when they make a decision in cases that can be appealed to the transport tribunal and, in that capacity, are subject to the oversight of the Administrative Justice and Tribunals Council. It is therefore more appropriate to transfer appeals against decisions of traffic commissioners to the upper tribunal, to preserve the current status of the transport tribunal as a superior court of record when dealing with these types of appeals. The remaining jurisdiction transfers to the first-tier tribunal and generally deals with appeals from the Driving Standards Agency. Such appeals are appropriate for the first-tier tribunal, given its first-instance jurisdiction. Appeals to the London service permits appeals panel are also transferred to the first-tier tribunal. Unlike most other transfer orders, this order does not abolish the transport tribunal, as it is necessary to retain the tribunal to hear appeals under the Transport (Scotland) Act 2001. As a devolved matter, that function of the transport tribunal cannot be transferred in the order. An amendment by way of primary legislation is needed before that can be achieved. The Scottish Government will consider whether they wish to transfer the appeal route in the Transport (Scotland) Act 2001 to the upper tribunal when an appropriate legislative opportunity becomes available. Additionally, the transport tribunal will retain jurisdiction to hear appeals in relation to quality contract schemes introduced by the Transport Act 2000, as amended, which have yet to be brought into force. We are unable to transfer those provisions at this time as no decision has been taken on where the appeal should lie. A decision will be made after a forthcoming consultation has considered responses to the question. We intend to make an order transferring the functions of the transport tribunal in relation to quality contract schemes as soon as we are able, following completion of the consultation. A separate order will provide for this jurisdiction to be dealt with in the general regulatory chamber of the first-tier tribunal or the administrative appeals chamber of the upper tribunal, as the case may be, and for onward appeals from the first-tier tribunal in this jurisdiction to be heard in the administrative appeals chamber of the upper tribunal. Article 3 of this order provides for judges and members of the transport tribunal to be transferred to hold offices in the upper tribunal. Since all members of the London service permits appeals panel are also members of the transport tribunal, there is no need to transfer the members of that panel separately. Article 4 provides for consequential amendments to, and repeals and revocations of, primary and secondary legislation, and transitional and saving provisions. Those are set out in full in the schedules. I turn to the transfer of the charity tribunal. The jurisdiction will be transferred in part to the general regulatory chamber and in part to the finance and tax chamber of the upper tribunal. Cases will be heard in the first-tier tribunal except where it is decided by or under tribunal procedure rules that the upper tribunal is better suited to hear a particular case—for example, where the case raises complex or unusual issues or its importance merits it being dealt with in the upper tribunal, which is a superior court of record and can set precedent. Onward appeals from the charity tribunal are currently dealt with by the Chancery Division of the High Court. Onward appeals from the first-tier chamber will be dealt with in what is presently the finance and tax chamber of the upper tribunal. This chamber is headed by a judge from the Chancery Division, and other Chancery Division judiciary may sit in the chamber alongside upper tribunal judges. To reflect the extended remit of the chamber, it will be renamed as the "tax and chancery chamber" in the amendment to the chambers order that I referred to earlier. Onward appeals from the tax and chancery chamber, as with other chambers of the upper tribunal, are direct to the Court of Appeal. I turn to the detail of the order. Article 3 provides for members of the tribunal and panel to be transferred to hold offices in the first-tier tribunal and, in the case of the president of the charity tribunal, in the upper tribunal. Article 4 of the order provides for consequential amendments to, and repeals and revocations of, primary and secondary legislation, and transitional and saving provisions. These are set out in full in the schedules. The Government are committed to the ongoing transformation of our tribunals, placing the user at the very heart of the service. The unified system will have greater flexibility in absorbing new work and responding to fluctuations. The orders that I bring before the Committee today are another significant step towards achieving this. I commend these draft statutory instruments to the Committee. I beg to move.