Part 2: Legislative and executive competence: further provision Part 3: Welsh Tribunals Section 61: Directions as to practice and procedure
One of the key functions of the President is to issue practice and procedural directions for the Welsh Tribunals, this power is conferred by Subsection 1. This power is to be exercised concurrently with that of the president or chair of an individual Welsh tribunal (Subsection 2). Subsection 3 describes the kind of directions which may be given and Subsection 4 states that such directions can only be given with the approval of Welsh Ministers, unless any of the exceptions in subsection 5 applies. Such exceptions include directions about the application of the law or how decisions are to be made by tribunals. These cover judicial functions and so it would be inappropriate for them to be approved by the executive (Welsh Ministers). Subsection 6 provides a carve out to the exceptions so that where the directions relate to the criteria for determining which members of the tribunals may be chosen to decide particular categories of matter the Welsh Ministers should be consulted but do not need to approve them. Subsection 7 provides that the President of Welsh Tribunals must consult the president or chair of an individual tribunal before making directions which affect that tribunal. Similarly, subsection 8 creates a reciprocal duty so that the president or chair of an individual tribunal must consult the President of Welsh Tribunals before issuing any practice or procedure directions. Subsection 9 requires the publication of directions without specifying the means.