Tribunals, Courts and Enforcement Act 2007

Certain judges neither appointed under paragraph 1(1) nor transferred in E+W+S+N.I.

6 (1) In this paragraph “judge by request of the Upper Tribunal” means a person who is a judge of the Upper Tribunal but— E+W+S+N.I.

(a) is not the Senior President of Tribunals,

(b) is not a judge of the Upper Tribunal appointed under paragraph 1(1),

(c) is not a transferred-in judge of the Upper Tribunal,

(d) is not a judge of the Upper Tribunal by virtue of section 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal),

(e) is not a deputy judge of the Upper Tribunal, and

(f) is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the Upper Tribunal.

(2) A judge by request of the Upper Tribunal may act as a judge of the Upper Tribunal only if requested to do so by the Senior President of Tribunals.

(3) Such a request made to a person who is a judge of the Upper Tribunal by virtue of section 5(1)(g) may be made only with—

(a) the concurrence of the Lord Chief Justice of England and Wales where the person 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 concurrence of the Lord President of the Court of Session where the person is—

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

(ii) a sheriff;

(c) the concurrence of the Lord Chief Justice of Northern Ireland where the person 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) The Lord Chancellor may pay to a judge by request of the Upper Tribunal, or a person who is a judge of the Upper Tribunal by virtue of section 5(1)(d), such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.