Paragraph 1: Membership of the Tribunal
378.This paragraph determines the membership of the Tribunal.
379.Sub-paragraph (1) ensures that members of the Tribunal may be drawn from the legal profession in all parts of the United Kingdom.
“High Judicial Office” is defined in Section 25 of the Appellate Jurisdiction Act 1876 as follows:
“‘High Judicial Office’ means any of the following offices; that is to say
The office of Lord Chancellor of Great Britain… or of Judge of one of Her Majesty’s superior courts of Great Britain and Ireland:
‘Superior courts of Great Britain and Ireland’ means and includes
As to England, Her Majesty’s High Court of Justice and Her Majesty’s Court of Appeal; and
As to Northern Ireland, Her Majesty’s High Court of Justice in Northern Ireland and Her Majesty’s Court of Appeal in Northern Ireland; and
As to Scotland, the Court of Session.”
The Appellate Jurisdiction Act of 1887 amended the term ‘High Judicial Office’ in Section 5 to include the office of a Lord of Appeal in Ordinary and the office of a member of the Judicial Committee of the Privy Council.
The requirement of ten years’ standing means that only those eligible for appointment to the judiciary can serve.
The Courts and Legal Services Act 1990 states that a person has a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the Supreme Court, or all proceedings in county courts or magistrates’ courts.
380.Sub-paragraph (3) limits the term of office to five years. A member whose term of office expires is eligible for reappointment. Were he to serve a second time he would have to be re-appointed by further Letters Patent. There is no retirement age.
381.Sub-paragraph (4) provides the means whereby a member may resign.