Moved by
Lord Keen of Elie
12: The Schedule, page 18, line 27, after “paragraph” insert—
““function” does not include—
(a) any function so far as its exercise involves authorising a person’s committal to prison or arrest;
(b) any function of granting an injunction;”
13: The Schedule, page 18, line 28, at end insert—
“After paragraph 28 insert—
“Delegation of functions to staff: reconsideration of decisions
28A(1) Before making Rules that provide for the exercise of functions of the First-tier Tribunal or Upper Tribunal by authorised persons by virtue of paragraph 3, the Committee must take the following steps in relation to each of the functions in question.
(2) The Committee must consider whether the Rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.
(3) If the Committee considers that the rules should include such a right, it must include provision to that effect when it makes the Rules.
(4) If the Committee does not consider that the rules should include such a right, it must inform the Lord Chancellor of—
(a) its decision, and
(b) its reasons for reaching that decision.
(5) In this paragraph “authorised person” and “judicial office holder” have the same meanings as in Chapter 2A of Part 1 of this Act (see section 29A).””