Citation and commencement

1. This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 6 and Transitional Provisions) Order 2008.

2. Articles 4 and 6 come into force on 1st April 2009. All other provisions come into force on 3rd November 2008.

Transitional and savings provisions

3. Staff appointed to the following tribunals before the 3rd November 2008 are to be treated, for the purpose of any enactment, as if they had been appointed by the Lord Chancellor under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services)—

(a) a tribunal listed under Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 whose functions are transferred to the First-tier Tribunal or Upper Tribunal by order under section 30(1) of that Act on 3rd November 2008;

(b) the Employment Appeal Tribunal;

(c) the employment tribunals; and

(d) the Asylum and Immigration Tribunal.

4. Sections 2 to 3A of the Taxes Management Act 1970 shall continue to apply for the purpose of section 56 of the 1970 Act (statement of case for opinion of the High Court) arising from a decision of the General Commissioners made before 1st of April 2009 as if article 6(b)(i) and (c)(i) had not been commenced.

Provisions coming into force on 3rd November 2008

5. The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 3rd November 2008—

(a) sections 3 to 6, 7(2) to (8), 8, 9(1), (2) and (4) to (11), 10(1), (2) and (4) to (9), 11(1) to (4) and (5)(a) to (e), 12, 13(1) to (5), (7), (8)(a) to (e) and (11) to (13), 14 to 17, 18(1) to (9) and (12), 19, 20(1), (2), (4), (5) and (8), 21(1) to (5), 23 to 26, 28, 29, 43 and 47;

(b) section 46 to the extent that it is not already in force;

(c) section 48(1) to the extent that it relates to the following paragraphs of Schedule 8—

(i) paragraphs 6, 16, 28, 31(4) to (6), 33(3), 40, 41, 42, 44 to 48, 54, 64(b), and 66;

(ii) paragraph 25 to the extent that it relates to paragraph 7(b) of Schedule 1 of the Tribunals and Inquiries Act 1992( 2 );

(iii) paragraphs 4 and 5 to the extent that they are not already in force; and

(iv) paragraph 65(3) to the extent that it is not already in force;

(d) section 48(2) to the extent it relates to paragraphs 3 to 11, 12(1) and (3) to (7), and 13 to 19 of Schedule 9;

(e) paragraphs 12 to 14 of Schedule 1;

(f) Schedule 2;

(g) Schedule 3;

(h) paragraphs 1 to 14 of Schedule 4; and

(i) in Part 1 of Schedule 23, the entries relating to—

(i) the Consumer Credit Act 1974( 3 );

(ii) the Judicial Pensions and Retirement Act 1993( 4 );

(iii) the Employment Tribunals Act 1996( 5 );

(iv) the Justice (Northern Ireland) Act 2002( 6 );

(v) the Nationality, Immigration and Asylum Act 2002( 7 );

(vi) Schedule 4 of the Constitutional Reform Act 2005( 8 ); and

(vii) the Tribunals, Courts and Enforcement Act 2007( 9 ); and

(j) Part 2 of Schedule 23.

Provisions coming into force on 1st April 2009

6. The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 1st April 2009—

(a) sections 27(1) to (4) and 142;

(b) section 48(1) to the extent that it relates the following paragraphs of Schedule 8—

(i) paragraph 1; and

(ii) paragraphs 43 and 55; and

(c) in Part 1 of Schedule 23 the entries relating to—

(i) the Taxes Management Act 1970( 10 );

(ii) the Superannuation Act 1972( 11 );

(iii) the Finance Act 1972( 12 );

(iv) the Finance Act 1988( 13 );

(v) the Finance (No.2) Act 1992( 14 );

(vi) the Social Security Contributions (Transfer of Functions, etc. ) Act 1999( 15 );

(vii) the Access to Justice Act 1999( 16 );

(viii) the Social Security Contributions (Transfer of Functions, Etc.) (Northern Ireland) Order 1999( 17 );

(ix) the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999( 18 ); and

(x) Schedule 12 and Part 2 of Schedule 14 of the Constitutional Reform Act 2005( 19 ).