Administrative Tribunals

Administrative tribunals exercise judicial functions separate from the courts. Generally, they are set up under statutory powers, which govern their constitution, functions and procedure. Compared with the courts, they tend to be more accessible, less formal and less expensive. They also have expert knowledge in their particular jurisdictions.

The expansion of the tribunal system in the United Kingdom is com­paratively recent, most tribunals having been set up since 1945. Inde­pendent of the Government, tribunals rule on certain rights and obliga­tions of private citizens towards one another or towards a government department of other public authority. A number of important tribunals decide disputes between private citizens — for example, industrial tribu­nals have a major part to play in employment disputes. Some (such as those concerned with social security) resolve claims by private citizens against public authorities. A further group (including tax tribunals) de­cide disputed claims by public authorities against private citizens, while others decide issues and disputes which do not directly affect financial rights and liabilities (such as the right to enter or visit the United King­dom).

Tribunal members are normally appointed by the minister concerned with the subject, but other authorities have the power of appointment in some cases. For example, the Lord Chancellor (and, in Scotland, the Lord President of the Court of Session) makes most appointments where a lawyer chairman or member is required.

In many tribunal jurisdictions, a two-tier system operates with an initial right of appeal to a lower tribunal and a final right of appeal, usually on a point of law, to a higher tribunal. Appeals on a point of law only from some of the higher tribunals may be made to the High Court in England and Wales, to the Court of Session in Scotland, and to the Court of Appeal in Northern Ireland. There are a few exceptions including, for example, im­migration appeals where there is no right of appeal directly from the Immi­gration Appeals Tribunal to the courts.

The Council on Tribunals (an independent body established in 1958) exercises general supervision over most tribunals, advising on draft legis­lation and rules of procedure, monitoring their activities and reporting on particular matters, A Scottish Committee of the Council exercises the same function in Scotland. The Council has a similar responsibility with regard to public inquires.