(1)The IIAA adjudicators are responsible for exercising the primary function of the IIAA but are not responsible for exercising any of the other functions of the IIAA (subject to subsection (4)).
(2)The Chief Executive is responsible for ensuring that IIAA adjudicators receive adequate training and support.
(3)The Chief Appeals Officer is responsible for—
(a)the allocation of cases to IIAA adjudicators,
(b)organising a system of legal support for IIAA adjudicators,
(c)overseeing the quality of decisions made by IIAA adjudicators, and
(d)developing a quality assurance mechanism.
(4)The Chief Appeals Officer may delegate any of the functions mentioned in subsection (3) to a senior adjudicator.
(5)A delegation of a function under subsection (4) —
(a)may be made subject to restrictions or conditions;
(b)does not prevent the Chief Appeals Officer from exercising the function.
(6)The Professional Standards Officer—
(a)is responsible for setting standards required of IIAA adjudicators and ensuring that the standards are maintained, and
(b)must prepare and publish a code of conduct for IIAA adjudicators.
(7)The Chief Executive may send to the Secretary of State written representations on matters that the Chief Executive considers to be of importance relating—
(a)to IIAA members, or
(b)otherwise to the administration of justice by the IIAA,
and the Secretary of State must lay any such representations before Parliament.
Explanatory Notes · published by the Government with the Bill
66. Clause 3 sets out the governance structure of the IIAA, including the separation of adjudicative, operational and oversight functions. It provides that adjudicators alone have the authority to decide appeals, and will be trained and recruited independently by the IIAA. Adjudicators will not be responsible for exercising the other functions of the IIAA set out in this section.
67. The CE is responsible for the training of IIAA adjudicators and their appointment. This role is given a power to send written representations to the Secretary of State on matters relating to IIAA members and the IIAA’s operations that the Secretary of State must lay before Parliament. The CE may use this power to raise matters relating to the operations or independence of the IIAA with the Secretary of State and Parliament.
68. The CAO is to be considered the head of the adjudicative profession and will be responsible for the quality of legal decision making in the IIAA. They are responsible for overseeing the quality of decisions made by IIAA adjudicators at a macro level. They have no authority to intervene in an adjudicator’s decision, as only adjudicators have the authority to perform the IIAA’s primary function.
69. The CAO can delegate any of their powers to a senior adjudicator. Given their legal expertise, it is anticipated that senior adjudicators would have a role in allocating cases to the IIAA’s adjudicators, as well as identifying individual training needs of the adjudicators in their area. Senior adjudicators, as adjudicators, can still make decisions on appeals, in addition to these other delegated powers.
70. The PSO is to be responsible for setting the professional standards required of IIAA adjudicators, in addition to preparing the code of conduct for the profession. As a non-executive member, the office holder will operate separately from operational delivery within the IIAA and act as an internal guarantor of the standards they set. In practice, they will establish the initial framework for the training of adjudicators, in line with their responsibility for setting professional standards. They will also hold the CE to account for ensuring recruitment processes align with the Code of Conduct.
Amendments tabled 2 · 1 would remove the whole clause · 2 decided
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 2 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 3, line 24, leave out Clause 3
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Adds words
Withdrawn
Explanatory statement · what it would do, in the words of Blake Stephenson
This probing amendment would require the IIAA to publish annual data on the quality of its decisions, including data on onward appeals, decisions set aside by the Upper Tribunal and internal reviews.
Effect on the clause · the printed text with this amendment applied
3:33(c) overseeing the quality of decisions made by IIAA adjudicators, and
3:34(d) developing a quality assurance mechanism.
(3A) The Chief Appeals Officer must, for each financial year, publish—
(a) the number of applications for permission to appeal to the Upper Tribunal against decisions of the IIAA, and the number of such applications granted;
(b) the number and proportion of decisions of the IIAA set aside by the Upper Tribunal; and
(c) the number of decisions reviewed under section 6, and the outcome of those reviews.
3:35(4) The Chief Appeals Officer may delegate any of the functions mentioned in
The amendment · as tabled, addressed to the printed Bill
Clause 3, page 3, line 34, at end insert—
“(3A) The Chief Appeals Officer must, for each financial year, publish—
(a) the number of applications for permission to appeal to the Upper Tribunal against decisions of the IIAA, and the number of such applications granted;
(b) the number and proportion of decisions of the IIAA set aside by the Upper Tribunal; and
(c) the number of decisions reviewed under section 6, and the outcome of those reviews.”
This amendment was withdrawn after debate and no decision was taken on it.