The Tribunal System and its Costs

Dairy Produce Quota Tribunal

Ministry of Agriculture, Fisheries and Foods

The tribunal last met in 1994. The Ministry of Agriculture, Fisheries and Food is therefore conducting a review of the tribunal with a view to abolishing it on 31 March 2001.

Controller of Plant Variety Rights
(Functions under paragraph 3 of Schedule 1 of the Plant varieties Act 1997)
Ministry of Agriculture, Fisheries and Foods

The Controller is in charge of the Plant Variety Rights Office, and paragraph 24 of the Plant Varieties Act 1997 provides for interested parties to make representations to the Controller, and to be heard by him or her (or by an appointed person) for plant breeders rights' decisions prior to a Tribunal.
The Ministry of Agriculture, Fisheries and Foods have queried this with the Council on Tribunals, and are in the process of determining whether the Controller has any judicial functions and, if so, what they are, and whether they can be untangled from the Controller's other functions for statistical purposes.

Sea Fish Licence Tribunal

Ministry of Agriculture, Fisheries and Foods

This tribunal was set up to hear appeals from individual fishermen against their "days at sea" allocations. At the time, however, the then Ministers decided not to proceed with the "days at sea" programme, and, consequently, the tribunal has never convened.

Agricultural Lands Tribunals (England)

Ministry of Agriculture, Fisheries and Foods

K1 Brief description of the tribunal's business. Settles disputes and other issues between agricultural landlords and tenants under the Agricultural Holdings Act 1986.

K2 Cases received:
Total disposals in the year:
     disputes resolved:
     otherwise disposed of:
Pending at the end of the year:

Total Succession on Death Succession on retirement Non Succession

249 133 87 29

261 148 62 51

57 21 26 10

204 127 36 41

392 254 91 47

K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. No records available for time taken to process an application.
Tribunal determines deadlines for implementation of its decisions as appropriate.

K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable.

K5 Managerial structures for the tribunal administration: Minister for Agriculture provides Secretary and other administrative staff. Secretaries and support staff are regional staff - all working part-time for the tribunal.
Rural and Marine Environment Division (RMED) Land Tenure Branch has general policy responsibility.. Technical reports are provided by the Farming and Rural Conservation Agency (FRCA).

K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Any decisions of note are circulated to other tribunals.
No mechanisms for providing feedback to MAFF.

K7 Nature and scope of current ICT systems, and any major plans for improvement. Each tribunal has e-mail access, through dedicated ALT mailbox.
Application and response forms held electronically by some tribunals.
Impact of MAFF regional reorganisation next year will need careful handling.

K8 How the tribunal(s) fit in the department's Modernising Government strategy. Work is in hand to revise and update ALT rules of procedure.

K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 7xHEO - part-time administrative support to tribunals
7XAO - part-time administrative support to tribunals

K12 Performance and user satisfaction measures in the tribunal. No performance or user satisfaction measures within ALTs. Secretary's job plans include ALT performance-related work objective.

K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is not available.
Chairmen and secretaries would be careful to ensure users who are not represented are given guidance on procedures and the law.

K14 Arrangements for providing hearings (including their locations). Arrangements for hearings are made by the Tribunal Secretary.

K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements. All Chairmen and Deputies have attended ECHR training.

K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Appointments are made by the Lord Chancellor from nominations made by:
Country Landowners Association - Landowners' Panel;
The National Farmers' Union- Farmers Panel; and
the Environment Agency - Drainage Panel.

Chairman and Deputy Chairmen must be barristers or solicitors of seven years standing.

Initial appointment is for five years and can be renewed subject to satisfactory performance.

K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time; and rates of pay. 6 Chairmen - (Ł280 per day)

12 Deputy Chairman - (Ł280 per day)

192 Members (expenses only)

K18 Arrangements for training tribunal members, and the approach to and content of training. New chairmen and Deputies attend a JSB "Tribunals Skills Development" course.
Lay members receive guidance from chairmen before sitting on tribunals. Where possible, they also attend hearings as observers.

K19 Arrangements for staff training. Varies. Normally on-the-job and written 'desk instructions'.

K20 Resources expended on:

a member salaries and expenses Ł30,922.33 - includes training and accommodation costs.

b staff salaries and expenses Ł150,000

c system administration Ł10,000 (notional)

d accommodation; see 'a', above

e tribunal member training see 'a', above

f staff training Not available.

TOTAL: Ł190,922.33 (approximately)

Plant Variety and Seeds Tribunal

Ministry of Agriculture, Fisheries and Foods

K1 Brief description of the tribunal's business. Hears appeals against decisions of the Controller of Plant Variety Rights on Plant Breeders Rights matters; against decisions of the Agriculture Ministers on National List and Seeds matters; and against the decisions of the Forestry Commissioners on matters concerning forest reproduction materials.

K2 Cases received:
Total disposals in the year:
     disputes resolved:
     otherwise disposed of:
Pending at the end of the year: Last sat 1984.

K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Not applicable: last sat in 1984.

K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable: last sat in 1984.

K5 Managerial structures for the tribunal administration: Not applicable: last sat in 1984.

K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Not applicable: last sat in 1984.

K7 Nature and scope of current ICT systems, and any major plans for improvement. Not applicable: last sat in 1984.

K8 How the tribunal(s) fit in the department's Modernising Government strategy. Not applicable: last sat in 1984.

K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. Not applicable: last sat in 1984.

K12 Performance and user satisfaction measures in the tribunal. Not applicable: last sat in 1984.

K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Not applicable: last sat in 1984.

K14 Arrangements for providing hearings (including their locations). Not applicable: last sat in 1984.

K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. Not applicable.

K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Three part-time Chairmen. Chairman for E+W appointed by Lord Chancellor. Scotland: Lord President of the Court of Session; NI by Lord Chief Justice of Northern Ireland..

K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. Each tribunal consists of a chairman and two members drawn from specialist panels.
Chairmen (Ł379 - silk; Ł310 - non silk)
Members (Ł144)

K18 Arrangements for training tribunal members, and the approach to and content of training. Not applicable. Last sat in 1984.

K19 Arrangements for staff training. Not applicable. Last sat in 1984.

K20 Resources expended on:

a tribunal member salaries and expenses Ł0

b staff salaries and expenses Ł0

c system administration Ł1,000 (approximately)

d accommodation; Ł0

e tribunal member training Ł0

f staff training Ł0

TOTAL: Ł1,000 (approximately)

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K1	Brief description of the tribunal's business.	Hears appeals against decisions of the Controller of Plant Variety Rights on Plant Breeders Rights matters; against decisions of the Agriculture Ministers on National List and Seeds matters; and against the decisions of the Forestry Commissioners on matters concerning forest reproduction materials.
K2	Cases received: Total disposals in the year: disputes resolved: otherwise disposed of: Pending at the end of the year:	Last sat 1984.
K3	Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision.	Not applicable: last sat in 1984.
K4	For appeal tribunals, the percentage of appeals which succeed.	Not applicable: last sat in 1984.
K5	Managerial structures for the tribunal administration:	Not applicable: last sat in 1984.
K6	How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery?	Not applicable: last sat in 1984.
K7	Nature and scope of current ICT systems, and any major plans for improvement.	Not applicable: last sat in 1984.
K8	How the tribunal(s) fit in the department's Modernising Government strategy.	Not applicable: last sat in 1984.
K9	Numbers and grades of staff engaged on providing administrative support to the tribunal.	Not applicable: last sat in 1984.
K12	Performance and user satisfaction measures in the tribunal.	Not applicable: last sat in 1984.
K13	Arrangements for assistance for users, legal or otherwise (including legal aid).	Not applicable: last sat in 1984.
K14	Arrangements for providing hearings (including their locations).	Not applicable: last sat in 1984.
K15	The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified.	Not applicable.
K16	Arrangements for appointing tribunal members, both legally and otherwise qualified.	Three part-time Chairmen. Chairman for E+W appointed by Lord Chancellor. Scotland: Lord President of the Court of Session; NI by Lord Chief Justice of Northern Ireland..
K17	Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay.	Each tribunal consists of a chairman and two members drawn from specialist panels. Chairmen (Ł379 - silk; Ł310 - non silk) Members (Ł144)
K18	Arrangements for training tribunal members, and the approach to and content of training.	Not applicable. Last sat in 1984.
K19	Arrangements for staff training.	Not applicable. Last sat in 1984.
K20	Resources expended on:
a	tribunal member salaries and expenses	Ł0
b	staff salaries and expenses	Ł0
c	system administration	Ł1,000 (approximately)
d	accommodation;	Ł0
e	tribunal member training	Ł0
f	staff training	Ł0
	TOTAL:	Ł1,000 (approximately)