133Modifications of certain functions, powers and procedures, &c.

133 Modifications of certain functions, powers and procedures, &c.

[Section 133 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  Despite section 132 , the following provisions apply in relation to transferred proceedings:

(a) the Magistrates Court is to be constituted as provided by or under the Magistrates Court (Civil Division) Act 1992 instead of as provided by or under another Act;

(b) subject to the provisions of a relevant Act and the rules of the Court, a party to the proceedings is entitled to be represented by a legal practitioner or, with leave of the Magistrates Court, by another person, but only in the circumstances that the Tribunal would be permitted to allow if the proceedings were before the Tribunal;

(c) the law applicable to reviews of, or appeals against, decisions of the Magistrates Court applies to decisions of the Court in the transferred proceedings instead of Part 10 , but the Court may make an order staying the operation of the relevant decision, including the decision of a relevant decision-maker, until the proceedings are finally decided, on the conditions, if any, specified in the order;

(d) the Magistrates Court may make orders giving effect to any settlement reached by the parties even if that settlement was reached before the commencement day or before proceedings were transferred to the Court under this Part.

(2)  Despite section 132  –

(a) the Magistrates Court may award costs in transferred proceedings only in the circumstances that the Tribunal would be permitted to award them; and

(b) costs in transferred proceedings are to be assessed in the same way as they would be if the proceedings were before the Tribunal; and

(c) the Magistrates Court may direct the Tribunal to determine the costs to be awarded by the Magistrates Court in transferred proceedings and, if so directed, the Tribunal is to determine the costs accordingly and advise the Court of the costs.

(3)  The Magistrates Court –