Explanatory Note
(This note is not part of the Order)
This Order is made under the Tribunals, Courts and Enforcement Act 2007 ("the 2007 Act"). Part 1 of the 2007 Act creates a new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable existing tribunals to be transferred into the new structure. This Order effects the transfer into the new structure of various tribunal functions.
Transfer of functions and abolition of tribunals
Article 2 transfers the functions of various tribunals to the First-tier Tribunal and Upper Tribunal. Article 3 abolishes each of the tribunals whose functions are transferred, with the exception of the Pensions Regulator Tribunal. The functions of the Pensions Regulator Tribunal in Northern Ireland are not transferred, therefore the Pensions Regulator Tribunal is not abolished.
Transfer of members of tribunals
Article 4 provides for members of the tribunals whose functions are transferred to hold judicial offices in the First-tier Tribunal and Upper Tribunal. Schedule 1 sets out which tribunal members hold which offices in the new tribunals.
Consequential provisions
Paragraphs (1) to (3) of article 5 bring Schedules 2 to 4 into effect. Schedule 2 contains consequential amendments to primary legislation, Schedule 3 contains consequential amendments to secondary legislation, and Schedule 4 contains consequential repeals and revocations of legislation.