§ Lord Avebury
asked Her Majesty's Government:
Whether they will list the tribunals from whose decisions there is no statutory right of appeal to the High Court on a point of law.
§ The Lord Chancellor (Lord Hailsham of Saint Marylebone)
The proceedings of all inferior tribunals are subject to judicial review under Order 53 of the Rules of the Supreme Court. The noble Lord's question, however, refers to statutory rights of appeal. Here the position is as follows. The tribunals which are subject to the supervision of the Council on Tribunals and in relation to whose decision there is no statutory right of appeal to the High Court on a point of law fall into the following categories:
and are listed in the tables that follow. It would not be possible, without disproportionate expense, to deal with the numerous tribunals which are not subject to the council's supervision.
- (a) Tribunals from which there is no statutory right of appeal;
- (b) Tribunals from which a statutory right of appeal on a point of law does not lie to the High Court; and
- (c) Tribunals from which a statutory right of appeal, not confined to a point of law, lies otherwise than to the High Court,
TABLE A TRIBUNALS FROM WHOSE DECISIONS THERE IS NO STATUTORY RIGHT OF APPEAL Arbitrators appointed under Schedule 6 to the Agricultural Holdings Act 1947, Civil Aviation Authority (cases other than air transport licensing cases), The Betting Levy Appeal Tribunal, Appeal Committees constituted in accordance with Schedule 2 to the Education Act 1980, Committees appointed in England and Wales for the purposes of Sections 20 or 21 of the Forestry Act 1967, The Immigration Appeal Tribunal, Persons appointed under Section 53(3) of the Justices of the Peace Act 1979, Tribunals constituted under Part II of the Food and Drugs Act 1955, The Misuse of Drugs Tribunal in England and Wales constituted under Part 1 of Schedule 3 to the Misuse of Drugs Act 1971, The Board of Referees appointed for the purposes of Section 26 of the Capital Allowances Act 1968, The Tribunal established under section 4 of the Vaccine Damage Payments Act 1979.
TABLE B TRIBUNALS FROM WHOSE DECISIONS THERE IS A STATUTORY RIGHT OF APPEAL ON A POINT OF LAW WHICH IS NOT TO THE HIGH COURT Tribunal Appeal on a point of law to The Aircraft and Shipbuilding Industries Arbitration Tribunal Court of Appeal Arbitration Tribunals established under Schedule 3 to the Industry Act 1975 Court of Appeal Industrial Tribunals Employment Appeal Tribunal
The Iron and Steel Arbitration Tribunal Court of Appeal The Lands Tribunal Court of Appeal The Social Security Commissioners Court of Appeal Medical Appeal Tribunals constituted for the purposes of Part III of the Social Security Social Security Act 1975 Commissioners Supplementary Benefit Appeal Social Security Tribunals Commissioners The Transport Tribunal Court of Appeal
TABLE C TRIBUNALS FROM WHOSE DECISIONS THERE IS A STATUTORY RIGHT OF APPEAL WHICH IS NOT CONFINED TO A POINT OF LAW AND WHICH IS NOT TO THE HIGH COURT Tribunal Appeal to The Civil Aviation Authority (air transport licensing cases) Secretary of State The adjudicators established under Immigration Appeal Section 12 of the Immigration Act 1971 Tribunal Family Practitioner Committees and Service Committees of Family Practitioner Committees established under the National Health Service Act 1977 Secretary of State The Controller of Plant Variety Plant Varieties and Rights Seeds Tribunal Local Valuation Courts constituted in accordance with Section 88 of the General Rate Act 1967 Lands Tribunal Rent Assessment Committees established as Leasehold Valuation Tribunal in accordance with Section 142 of the Housing Act 1980 Lands Tribunal The Licensing Authorities appointed under Part V of the Transport Act 1968 Transport Tribunal The Traffic Commissioners appointed under the Public Passenger Vehicles Act 1981 Secretary of State National Insurance Local Tribunals Social Security Commissioners The Comptroller-General of Patents, Designs and Trademarks Patents Court