Reforming The Tribunal Sector

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Notes

1. It should be noted that the redistribution of power following devolution means that many of the proposals made in the White Paper relate predominantly to England and Wales.

2. As I write, it looks as if this title will be preserved and not that of the Secretary of State for Constitutional Affairs.

3. With a specific obligation placed upon Tribunals to abide by the Human Rights Act in section 6(3).

4. The exception to this will be the Employment Tribunal, where responsibility for the rules will remain with the Department for Trade and Industry.

5. Additional tribunals that will be included in the new Tribunals Service are the Adjudicator to HM Land Registry, Special Commissioners of Income Tax, VAT and Duties Tribunals, the Financial Services and Markets Tribunal, the Immigration Services Tribunal, General Commissioners of Income Tax, Information Tribunal, Pathogens Access Appeals Commission, Proscribed Organisations Appeals Commission, Special Immigration Appeals Commission and the Transport Tribunal. All of these tribunals are already based within the DCA.

6. These are the Exclusion Appeal Panels and Admission Appeal Panels, Valuation Tribunals, and the Parking Appeals Service in London, and the National Parking Adjudication Service outside London.

7. This particular aspiration has already begun, with the launch of the ‘Better Information Project’ by the DCA.

8. Lord Justice Carnwath has been appointed to this position in advance of legislation.

9. There will be some areas where, for different reasons, appeals will be direct to the Court of Appeal, e.g. the Financial Services and Market Appeals Tribunal, the Criminal Injuries Commission Appeal Panel and the Asylum and Immigration Tribunal.