Moved by
Lord Murray of Blidworth
115A: After Clause 48, insert the following new Clause—
“Procedure for Tribunal Procedure Rules
(1) The first time after the passing of this Act that Tribunal Procedure Rules are made for the purposes of any of sections 43 to 48 (appeals in relation to suspensive claims), the Rules may be made by the Lord Chancellor rather than by the Tribunal Procedure Committee.
(2) Before making Tribunal Procedure Rules by virtue of subsection (1), the Lord Chancellor must consult—
(a) the Senior President of Tribunals,
(b) the Lord Chief Justice of England and Wales,
(c) the Lord President of the Court of Session, and
(d) the Lord Chief Justice of Northern Ireland.
(3) The Lord Chancellor is not required to undertake any other consultation before making Tribunal Procedure Rules by virtue of subsection (1).
(4) A requirement to consult under subsection (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act.
(5) Tribunal Procedure Rules made by virtue of subsection (1) are to be made by statutory instrument.
(6) A statutory instrument containing Tribunal Procedure Rules made by virtue of subsection (1) must be laid before Parliament after being made.
(7) Tribunal Procedure Rules contained in a statutory instrument laid before Parliament under subsection (6) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(8) In calculating the period of 40 days, no account is to be taken of any whole days that fall within a period during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(9) If Tribunal Procedure Rules cease to have effect as a result of subsection (7)—
(a) that does not affect the validity of anything previously done under the Rules, and
(b) subsection (1) applies again as if the Rules had not been made.
(10) In this section “Tribunal Procedure Committee” means the committee of that name constituted under Part 2 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.”
Member’s explanatory statement
This new Clause provides for the first Tribunal Procedure Rules made after the passing of the Bill for the purposes of any of Clauses 43 to 48 to be made by the Lord Chancellor and to be subject to the made affirmative procedure.