Tribunals, Courts and Enforcement Act 2007

Part One (Tribunals and Inquiries) and Schedules 1 – 9 deal with changes to tribunals.  Provisions were implemented gradually in 2007 – 2009.  

Chapter One: Tribunal Judiciary

• Section 1: Independence
• Section 2: Senior President of Tribunals
• [Schedule 1]
• Appointment
• Terms of office and
• Certain functions of Senior President

Chapter Two: First-tier Tribunal and Upper Tribunal

• Section 3:  Establishment of First-tier Tribunal and Upper Tribunal
• Sections 4 - 6: Membership of First-tier Tribunal
• [Schedule 2]
• Appointment and terms of office of members of First-tier Tribunal
• Sections 5 - 6: Membership of Upper Tribunal
• [Schedule 3]
• Appointment and terms of office of members of Upper Tribunal
• Section 7: Division into Chambers, and Chamber Presidents
• [Schedule 4]
• Appointment, terms of office and role of Chamber Presidents
• Assignment of members to chambers and
• Assignment of members to particular cases within chambers
• Sections 9 -10: Review of decisions by First-tier Tribunal and Upper Tribunal
• Sections 11 – 12: Appeal from decision of First-tier Tribunal to Upper Tribunal
• Sections 13 – 14: Appeal from decision of Upper Tribunal to Court of Appeal
• Sections 15 – 21: Judicial Review jurisdiction of Upper Tribunal

Social Security Act 1998

Similarly to the Tribunals, Courts and Enforcement Act 2007 (above), this Act unified tribunals in the social security field.

Tribunals and Inquiries Act 1992

This Act was largely superseded by the Tribunals, Courts and Enforcement Act 2007. 

• Section 10 outlines the duty of tribunals to give reasons for their decisions, a continuation of a similar provision in the Tribunals and Inquiries Act 1958 (the TCEA 2007 does not mention reasons for decision).

Civil Procedure Rules 54.7A

• In order to deal with the implications of the decision in R (Cart) v Upper Tribunal [2011] UKSC28, the Civil Procedure Rules Committee created a rule (CPR54.7A) simplifying the judi­cial review process, for claims for judicial review of a refusal by the Upper Tribunal of permission to appeal against a decision of the First Tier Tribunal. Applications for permission must be made within 16 days of the Upper Tribunal decision. Permission is to be decided on the criteria set out in Cart: that there is an arguable case that the Upper Tribunal was wrong, and that ‘the claim raises an important point of principle or practice, or there is some other compelling reason to hear it’ (54.7A(7)). The process lacks the usual right to ask for an oral hearing on permission for judicial review. If per­mission for judicial review is given, the High Court will automatically quash the Upper Tribunal’s decision not to give permission to appeal, unless the Upper Tribunal or an interested party requests a hearing.