Administrative Justice and Tribunals Council
Encyclopedia


The Administrative Justice and Tribunals Council is a non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...

 in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, responsible for supervising and regulating administrative justice and tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....

s. It was created by the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...

, and came into being on the 1 November 2007, under the chairmanship of Baron Newton of Braintree.

Composition

The Council is composed of:
  • The Parliamentary Commissioner for Administration; and
  • Between ten and fifteen members who are appointed by the Lord Chancellor
    Lord Chancellor
    The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

    , the Scottish ministers and the Welsh Ministers
    Welsh Assembly Government
    The Welsh Government is the devolved government of Wales. It is accountable to the National Assembly for Wales, the legislature which represents the interests of the people of Wales and makes laws for Wales...

    .


There is a Scottish committee of the Council composed of:
  • The Parliamentary Commissioner for Administration;
  • The Scottish Public Services Ombudsman
    Scottish Public Services Ombudsman
    The Scottish Public Services Ombudsman was set up in 2002 as a 'one-stop-shop'. It replaced three previous offices - the Scottish Parliamentary and Health Service Ombudsman, the Local Government Ombudsman for Scotland and the Housing Association Ombudsman for Scotland...

    ;
  • Scottish members of the Council.


There is a Welsh committee of the Council composed of:
  • The Parliamentary Commissioner for Administration;
  • The Welsh Public Services Ombudsman;
  • Welsh members of the Council.

Administrative justice

The "administrative justice system” is the overall system by which decisions of an administrative or executive nature are made in relation to particular persons, including:
  • Procedures for making such decisions;
  • Law
    Law
    Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

     under which such decisions are made; and
  • Systems for resolving disputes and airing grievances in relation to such decisions.


The Council is to:
  • Keep the administrative justice system under review;
  • Consider ways to make the system accessible, fair and efficient;
  • Give advice on the development of the system to:
    • Lord Chancellor,
    • Scottish Ministers,
    • Welsh Ministers, and
    • Senior President of Tribunals
      Senior President of Tribunals
      The Senior President of Tribunals is a senior judge in the United Kingdom who presides over the UK tribunal system. The Senior President is appointed by the Queen on the recommendation of the Lord Chancellor. Lord Justice Carnwath was appointed as the first holder of the post on 12 November 2007...

      ;
  • Refer proposals for changes in the system to those persons; and
  • Make proposals for research into the system.


The Council can make reports on any of these issues it thinks appropriate.

Tribunals

The Council is to keep under review, and report on, the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 and working of the listed tribunals (the tribunals under its supervision), in general and individually. It is also to report on any other matter relating to the listed tribunals or referred to it by the Lord Chancellor, the Scottish and Welsh ministers. The Council may scrutinise and comment on legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

 relating to tribunals.

The listed tribunals will ultimately be the First-tier Tribunal
First-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...

 and Upper Tribunal
Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the...

 created under the 2007 Act but, during the transitional period 107 existing tribunals were transferred to the supervision of the Council on 1 November 2007.

Statutory inquiries

The Council is to keep under review, and report on, the constitution and working of statutory inquiries
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...

, any important matter that relates to statutory inquiries or which is referred to it.

Programme of work

In planning its programme of work, the Council must consider the work of:
  • The Civil Justice Council
    Civil Justice Council
    The Civil Justice Council is a UK non-departmental public body that advises the Lord Chancellor on civil justice and civil procedure in England and Wales...

    ;
  • The Social Security Advisory Committee
    Social Security Advisory Committee
    The Social Security Advisory Committee is a statutory body that provides impartial advice to the UK government on social security issues. When the SSAC reports on government proposals for regulations the report must be presented to Parliament together with the regulations and a statement from the...

    ; and
  • The Industrial Injuries Advisory Council.


The Council must publish an annual report
Annual report
An annual report is a comprehensive report on a company's activities throughout the preceding year. Annual reports are intended to give shareholders and other interested people information about the company's activities and financial performance...

.
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