Commentary on Sections: Part 2 Section 12: The Claims Management Services Tribunal
92.Section 12 establishes the Claims Management Services Tribunal and makes provision about its constitution and proceedings.
93.Subsection 2 provides that the Tribunal will consist of members of an existing Tribunal – the Financial Services and Markets Tribunal. It provides that members of the Financial Services and Markets Tribunal shall also be members of the Claims Management Services Tribunal; that the President and Deputy President of the Financial Services and Markets Tribunal shall also be the President and Deputy President respectively of the Claims Management Services Tribunal; and that the panel of Chairmen of the Financial Services and Markets Tribunal shall also be the panel of Chairmen of the Claims Management Services Tribunal.
94.Subsection 3 sets out the arrangements for hearings. Hearings will be by a member of the panel of Chairmen, selected in accordance with arrangements made by the President. Hearings may be before a member of the panel of Chairmen sitting alone, or with one or two members of the lay panel. It is anticipated that routine hearings will be heard by a Chairman and two lay members, although in certain circumstances (such as in an emergency) a Chairman might sit alone. In the event that a Chairman sits with one other member, the Chairman will have the casting vote.
95.Subsection 4 gives the Lord Chancellor the power to make rules about the proceedings of the Tribunal. The rules will be made by statutory instrument subject to the negative resolution procedure.
96.Subsection 5 gives effect to various provisions of Schedule 13 of the Financial Services and Markets Act 2000 in relation to the Claims Management Services Tribunal. These include provisions about the remuneration of members of the Tribunal, the appointment of staff and procedural matters including practice directions, evidence and decisions.
97.Subsection 6 amends the Tribunals and Inquiries Act 1992 to add the Claims Management Services Tribunal to the list of Tribunals under the general supervision of the Council on Tribunals.