Employment Tribunals Act 1996

Prospective

[F1 5D Judicial assistance E+W+S

(1) Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

(2) The provision has effect only if—

(a) the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

(b) its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

(c) its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

(d) its operation as respects a particular relevant judge requires—

(i) the consent of the relevant judge, and

(ii) the appropriate consent (see subsection (3)), and

(e) it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of chairmen of employment tribunals.

(3) In subsection (2)(d)(ii) “the appropriate consent” means—

(a) the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

(i) an ordinary judge of the Court of Appeal in England and Wales,

(ii) a puisne judge of the High Court in England and Wales,

(iii) a circuit judge,

(iv) a district judge in England and Wales, or

(v) a District Judge (Magistrates' Courts);

(b) the consent of the Lord President of the Court of Session where the relevant judge is—

(i) a judge of the Court of Session, or

(ii) a sheriff;

(c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

(i) a Lord Justice of Appeal in Northern Ireland,

(ii) a puisne judge of the High Court in Northern Ireland,

(iii) a county court judge in Northern Ireland, or

(iv) a district judge in Northern Ireland.

(4) In this section—

(a) “relevant tribunal judge” means—

(i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii) a transferred-in judge of the First-tier Tribunal,

(iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv) a transferred-in judge of the Upper Tribunal,

(v) a deputy judge of the Upper Tribunal, or

(vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

(b) “relevant judge” means a person who—

(i) is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(ii) is a Lord Justice of Appeal in Northern Ireland,

(iii) is a judge of the Court of Session,

(iv) is a puisne judge of the High Court in England and Wales or Northern Ireland,

(v) is a circuit judge,

(vi) is a sheriff in Scotland,

(vii) is a county court judge in Northern Ireland,

(viii) is a district judge in England and Wales or Northern Ireland, or

(ix) is a District Judge (Magistrates' Courts).

(5) References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 5A-5D inserted (prosp.) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40