Section 37 — Tribunals, Courts and Enforcement Act 2007: Power to amend lists of tribunals in Schedule 6

Power to amend lists of tribunals in Schedule 6 37 1 The Lord Chancellor may by order amend Schedule 6—

a for the purpose of adding a tribunal to a list in the Schedule;

b for the purpose of removing a tribunal from a list in the Schedule;

c for the purpose of removing a list from the Schedule;

d for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.

2 The following rules apply to the exercise of power under subsection (1)—

a a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;

b a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;

c if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;

d a tribunal may be in more than one list.

3 In subsection (2)(c) “ relevant function ”, in relation to a tribunal, means a function which relates—

a to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or b to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

4 In subsection (1) “ tribunal ” does not include an ordinary court of law.

5 In this section “ enactment ” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).