Search Legislation

Tribunals, Courts and Enforcement Act 2007

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

SCHEDULES

Section 2

SCHEDULE 1E+W+S+N.I.Senior President of Tribunals

Part 1 E+W+S+N.I.Recommendations for appointment

Duty to fill vacanciesE+W+S+N.I.

1(1)If there is a vacancy in the office of Senior President of Tribunals, the Lord Chancellor must recommend a person for appointment to that office.E+W+S+N.I.

(2)Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice of England and Wales agrees that it may remain unfilled.

The two routes to a recommendation: agreement under this paragraph or selection under Part 2E+W+S+N.I.

2(1)Before the Lord Chancellor may recommend a person for appointment to the office of Senior President of Tribunals, the Lord Chancellor must consult—E+W+S+N.I.

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

(2)Sub-paragraphs (3) and (4) apply if—

(a)the outcome of consultation under sub-paragraph (1) is agreement between—

(i)the Lord Chancellor,

(ii)the Lord Chief Justice of England and Wales,

(iii)the Lord President of the Court of Session, and

(iv)the Lord Chief Justice of Northern Ireland,

as to the person to be recommended, and

(b)the person is—

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

(ii)a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court, or

(iii)a Lord Justice of Appeal in Northern Ireland.

(3)The Lord Chancellor must recommend the person for appointment to the office of Senior President of Tribunals, subject to sub-paragraph (4).

(4)Where the person—

(a)declines to be recommended, or does not agree within a time specified to him for that purpose, or

(b)is otherwise not available within a reasonable time to be recommended,

the Lord Chancellor must, instead of recommending the person for appointment, consult afresh under sub-paragraph (1).

(5)If the Lord Chancellor has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, the Lord Chancellor must make a request to the Judicial Appointments Commission for a person to be selected for recommendation for appointment to the office of Senior President of Tribunals.

Part 2 E+W+S+N.I.Selection by the Judicial Appointments Commission

Eligibility for selectionE+W+S+N.I.

3A person is eligible for selection in pursuance of a request under paragraph 2(5) only if—E+W+S+N.I.

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis,

(b)he is an advocate or solicitor in Scotland of at least seven years' standing, or

(c)he is a barrister or solicitor in Northern Ireland of at least seven years' standing.

The selection processE+W+S+N.I.

4In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (appointments), after section 75 insert—E+W+S+N.I.

Senior President of TribunalsE+W+S+N.I.
75ASections 75B to 75G apply where request made for selection

(1)Sections 75B to 75G apply where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).

(2)Those sections are subject to section 95 (withdrawal and modification of requests).

75BSelection process

(1)On receiving a request the Commission must appoint a selection panel.

(2)The panel must —

(a)determine the selection process to be applied,

(b)apply the selection process, and

(c)make a selection accordingly.

(3)As part of the selection process the panel must consult—

(a)the Lord Chief Justice, if not a member of the panel,

(b)the Lord President of the Court of Session, if not a member of the panel, and

(c)the Lord Chief Justice of Northern Ireland, if not a member of the panel.

(4)One person only must be selected for the recommendation to which a request relates.

(5)Subsection (4) applies to selection under this section and to selection under section 75G.

(6)A selection panel is a committee of the Commission.

75CSelection panel

(1)The selection panel must consist of four members.

(2)The first member is the Lord Chief Justice, or his nominee.

(3)The second member is a person designated by the Lord Chief Justice.

(4)Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.

(5)The fourth member is a lay member of the Commission designated by the third member.

(6)Subsection (7) applies if—

(a)there is no chairman of the Commission, or

(b)the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

(7)In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

(8)A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.

(9)The person designated under subsection (3) must be—

(a)a person who holds, or has held, the office of Senior President of Tribunals,

(b)a person who holds, or has held, office as a Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, or

(c)a person who holds, or has held, an office that, in the opinion of the Lord Chief Justice, is such that a holder of it would acquire knowledge or experience of tribunals broadly similar to that which would be acquired by—

(i)a person who holds the office of Senior President of Tribunals, or

(ii)a person who holds office as a Chamber President of a chamber of the First-tier Tribunal, or

(iii)a person who holds office as a Chamber President of a chamber of the Upper Tribunal.

(10)Before designating a person under subsection (3), the Lord Chief Justice must consult—

(a)the Lord President of the Court of Session, and

(b)the Lord Chief Justice of Northern Ireland.

(11)A person may not be appointed to the panel if he is willing to be considered for selection.

(12)A person may not be appointed to the panel as the nominee of more than one person.

(13)A person appointed to the panel otherwise than as a nominee may not be a nominee.

(14)The first member is the chairman of the panel.

(15)On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

75DReport

(1)After complying with section 75B(2) the selection panel must submit a report to the Lord Chancellor.

(2)The report must—

(a)state who has been selected;

(b)contain any other information required by the Lord Chancellor.

(3)The report must be in a form approved by the Lord Chancellor.

(4)After submitting the report the panel must provide any further information the Lord Chancellor may require.

75EThe Lord Chancellor's options

(1)This section refers to the following stages—

Stage 1:where a person has been selected under section 75B
Stage 2:where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:where a person has been selected following a rejection or reconsideration at stage 2

(2)At stage 1 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection;

(c)require the selection panel to reconsider the selection.

(3)At stage 2 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1;

(c)require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

(5)If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.

75FExercise of powers to reject or require reconsideration

(1)The power of the Lord Chancellor under section 75E to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion, the person selected is not suitable for the office of Senior President of Tribunals.

(2)The power of the Lord Chancellor under section 75E to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion—

(a)there is not enough evidence that the person is suitable for the office of Senior President of Tribunals, or

(b)there is evidence that the person is not the best candidate on merit.

(3)The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.

75GSelection following rejection or requirement to reconsider

(1)If under section 75F the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the selection panel—

(a)may not select the person rejected, and

(b)where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the selection panel—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.

(5)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.

Withdrawal and modification of requests under paragraph 2(5)E+W+S+N.I.

5(1)Section 95 of the Constitutional Reform Act 2005 (c. 4) (withdrawal and modification of requests) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (application of section), after “87” insert “ or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 ”.

(3)In subsection (4) (limitation on withdrawal of request under subsection (2)(c)), after “73(2),” insert “ 75E(2), ”.

Part 3 E+W+S+N.I.Terms of office

Tenure, removal, resignation etc.E+W+S+N.I.

6(1)If—E+W+S+N.I.

(a)a person appointed to the office of Senior President of Tribunals is appointed on terms that provide for him to retire from the office at a particular time specified in those terms (“the end of the fixed-term”), and

(b)the end of the fixed-term is earlier than the time at which the person is required by the 1993 Act to retire from the office,

the person shall, if still holding the office at the end of the fixed-term, vacate the office at the end of the fixed-term.

(2)Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of Senior President of Tribunals shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.

(3)It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2).

(4)In this paragraph “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

7(1)Sub-paragraph (2) applies to a person appointed to the office of Senior President of Tribunals on a recommendation made under paragraph 2(3).E+W+S+N.I.

(2)The person ceases to be Senior President of Tribunals if he ceases to fall within paragraph 2(2)(b).

8A person who holds the office of Senior President of Tribunals may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.E+W+S+N.I.

9(1)The Lord Chancellor, if satisfied by means of a medical certificate that a person holding the office of Senior President of Tribunals—E+W+S+N.I.

(a)is disabled by permanent infirmity from the performance of the duties of the office, and

(b)is for the time being incapacitated from resigning the office,

may, subject to sub-paragraph (2), by instrument under his hand declare the person to have vacated the office; and the instrument shall have the like effect for all purposes as if the person had on the date of the instrument resigned the office.

(2)A declaration under sub-paragraph (1) with respect to a person shall be of no effect unless it is made with the concurrence of—

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

Remuneration, allowances and expensesE+W+S+N.I.

10The Lord Chancellor may pay to the Senior President of Tribunals such amounts (if any) as the Lord Chancellor may determine by way of—E+W+S+N.I.

(a)remuneration;

(b)allowances;

(c)expenses.

OathsE+W+S+N.I.

11(1)A person appointed to the office of Senior President of Tribunals must take the required oaths in the presence of—E+W+S+N.I.

(a)the Lord Chief Justice of England and Wales, or

(b)another holder of high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4)) who is nominated by the Lord Chief Justice of England and Wales for the purpose of taking the oaths from the person.

(2)Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office.

(3)In this paragraph “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

Part 4 E+W+S+N.I.Certain functions of the Senior President

Meaning of “tribunal member”E+W+S+N.I.

12(1)For the purposes of this Part of this Schedule, each of the following is a “tribunal member”—E+W+S+N.I.

(a)a judge, or other member, of the First-tier Tribunal or Upper Tribunal,

(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a member of a panel of members of employment tribunals (whether or not a panel of chairmen),

(d)a judge, or other member, of the Employment Appeal Tribunal, and

(e)a person who is, or is a member of, a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

(2)In this Part of this Schedule “tribunals” means—

(a)the First-tier Tribunal,

(b)the Upper Tribunal,

(c)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)employment tribunals,

(e)the Employment Appeal Tribunal, and

(f)any tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

Annotations: Help about Annotation
Close

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)

Representations to ParliamentE+W+S+N.I.

13The Senior President of Tribunals may lay before Parliament written representations on matters that appear to him to be matters of importance relating—E+W+S+N.I.

(a)to tribunal members, or

(b)otherwise to the administration of justice by tribunals.

Representation of views of tribunal membersE+W+S+N.I.

14The Senior President of Tribunals is responsible for representing the views of tribunal members to Parliament, to the Lord Chancellor and to Ministers of the Crown generally.E+W+S+N.I.

Section 4

SCHEDULE 2E+W+S+N.I.Judges and other members of the First-tier Tribunal

Power to appoint judges of First-tier TribunalE+W+S+N.I.

1(1)The Lord Chancellor may appoint a person to be one of the judges of the First-tier Tribunal.E+W+S+N.I.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person—

(a)satisfies the judicial-appointment eligibility condition on a 5-year basis,

(b)is an advocate or solicitor in Scotland of at least five years' standing,

(c)is a barrister or solicitor in Northern Ireland of at least five years' standing, or

(d)in the Lord Chancellor's opinion, has gained experience in law which makes the person as suitable for appointment as if the person satisfied any of paragraphs (a) to (c).

(3)Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the Lord Chancellor instead of to the relevant decision-maker.

Power to appoint other members of First-tier TribunalE+W+S+N.I.

2(1)The Lord Chancellor may appoint a person to be one of the members of the First-tier Tribunal who are not judges of the tribunal.E+W+S+N.I.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.

Appointed and transferred-in judges and other members: removal from officeE+W+S+N.I.

3(1)This paragraph applies to any power by which—E+W+S+N.I.

(a)a person appointed under paragraph 1(1) or 2(1),

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

(c)a transferred-in other member of the First-tier Tribunal,

may be removed from office.

(2)If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland.

(4)If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

Terms of appointmentE+W+S+N.I.

4(1)This paragraph applies—E+W+S+N.I.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the First-tier Tribunal, and

(c)to a transferred-in other member of the First-tier Tribunal.

(2)If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on the ground of inability or misbehaviour.

(3)Subject to sub-paragraph (2) (and to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office in accordance with the terms of his appointment.

Remuneration, allowances and expensesE+W+S+N.I.

5(1)Sub-paragraph (2) applies—E+W+S+N.I.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the First-tier Tribunal, and

(c)to a transferred-in other member of the First-tier Tribunal.

(2)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

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

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

(a)is not the Senior President of Tribunals,

(b)is not a judge of the First-tier Tribunal appointed under paragraph 1(1),

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

(d)is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal,

(e)is not a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal),

(f)F3. . . and

(g)is not a judge of the First-tier tribunal by virtue of section 4(2) (criminal injuries compensation adjudicator appointed by the Scottish Ministers).

(2)A judge by request of the First-tier Tribunal may act as a judge of the First-tier 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 First-tier Tribunal by virtue of the combination of sections 4(1)(c) and 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)Sub-paragraph (5) applies—

(a)to a judge by request of the First-tier Tribunal,[F4 and]

(b)to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal), F5. . .

(c)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Annotations: Help about Annotation
Close

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)

Other members neither appointed under paragraph 2(1) nor transferred inE+W+S+N.I.

7(1)In this paragraph “ex officio member of the First-tier Tribunal” means a person who is a member of the First-tier Tribunal by virtue of—E+W+S+N.I.

(a)section 4(3)(d) (members of employment tribunals who are not chairmen),[F6 or]

(b)the combination of sections 4(3)(c) and 5(2)(c) (members of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996),F7. . .

(c)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Lord Chancellor may pay to an ex officio member of the First-tier Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Annotations: Help about Annotation
Close

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)

Training etc.E+W+S+N.I.

8The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the First-tier Tribunal (in their capacities as such judges and other members).E+W+S+N.I.

OathsE+W+S+N.I.

9(1)Sub-paragraph (2) applies to a person (“J”)—E+W+S+N.I.

(a)who is appointed under paragraph 1(1) or 2(1), or

(b)who becomes a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal and has not previously taken the required oaths after accepting another office.

(2)J must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

(3)A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(5)Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the First-tier Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

(a)the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b)the affirmation and declaration as set out in section 19(3) of that Act.

Section 5

SCHEDULE 3E+W+S+N.I.Judges and other members of the Upper Tribunal

Power to appoint judges of Upper TribunalE+W+S+N.I.

1(1)Her Majesty, on the recommendation of the Lord Chancellor, may appoint a person to be one of the judges of the Upper Tribunal.E+W+S+N.I.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person—

(a)satisfies the judicial-appointment eligibility condition on a 7-year basis,

(b)is an advocate or solicitor in Scotland of at least seven years' standing,

(c)is a barrister or solicitor in Northern Ireland of at least seven years' standing, or

(d)in the Lord Chancellor's opinion, has gained experience in law which makes the person as suitable for appointment as if the person satisfied any of paragraphs (a) to (c).

(3)Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the Lord Chancellor instead of to the relevant decision-maker.

Power to appoint other members of Upper TribunalE+W+S+N.I.

2(1)The Lord Chancellor may appoint a person to be one of the members of the Upper Tribunal who are not judges of the tribunal.E+W+S+N.I.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.

Appointed and transferred-in judges and other members: removal from officeE+W+S+N.I.

3(1)This paragraph applies to any power by which—E+W+S+N.I.

(a)a person appointed under paragraph 1(1) or 2(1),

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

(c)a transferred-in other member of the Upper Tribunal,

may be removed from office.

(2)If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland.

(4)If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

Terms of appointmentE+W+S+N.I.

4(1)This paragraph applies—E+W+S+N.I.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the Upper Tribunal, and

(c)to a transferred-in other member of the Upper Tribunal.

(2)If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on the ground of inability or misbehaviour.

(3)Subject to sub-paragraph (2) (and to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office as a judge, or other member, of the Upper Tribunal in accordance with the terms of his appointment.

Remuneration, allowances and expensesE+W+S+N.I.

5(1)Sub-paragraph (2) applies—E+W+S+N.I.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the Upper Tribunal, and

(c)to a transferred-in other member of the Upper Tribunal.

(2)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Certain judges neither appointed under paragraph 1(1) nor transferred inE+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)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations: Help about Annotation
Close

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)

Deputy judges of the Upper TribunalE+W+S+N.I.

7(1)The Lord Chancellor may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate.E+W+S+N.I.

(2)A person is eligible for appointment under sub-paragraph (1) only if he is eligible to be appointed under paragraph 1(1) (see paragraph 1(2)).

(3)Sub-paragraphs (4) and (5) apply—

(a)to a person appointed under sub-paragraph (1), and

(b)to a person who becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2).

(4)A person to whom this sub-paragraph applies is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the terms of his appointment (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)).

(5)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Other members neither appointed under paragraph 2(1) nor transferred inE+W+S+N.I.

8(1)In this paragraph “ex officio member of the Upper Tribunal” means—E+W+S+N.I.

(a)a person who is a member of the Upper Tribunal by virtue of section 5(2)(c) (member of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17)),F9. . .

(b)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Lord Chancellor may pay to an ex officio member of the Upper Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Annotations: Help about Annotation
Close

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)

Training etc.E+W+S+N.I.

9The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the Upper Tribunal (in their capacities as such judges and other members).E+W+S+N.I.

OathsE+W+S+N.I.

10(1)Sub-paragraph (2) applies to a person (“J”)—E+W+S+N.I.

(a)who is appointed under paragraph 1(1), 2(1) or 7(1), or

(b)who—

(i)becomes a transferred-in judge, or a transferred-in other member, of the Upper Tribunal, or

(ii)becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2),

and has not previously taken the required oaths after accepting another office.

(2)J must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

(3)A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(5)Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the Upper Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

(a)the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b)the affirmation and declaration as set out in section 19(3) of that Act.

Section 7

SCHEDULE 4E+W+S+N.I.Chambers and Chamber Presidents: further provision

Part 1 E+W+S+N.I.Chamber Presidents: appointment, delegation, deputies and further provision

Eligibility for appointment as Chamber President by Lord ChancellorE+W+S+N.I.

1A person is eligible for appointment under section 7(7) only if—E+W+S+N.I.

(a)he is a judge of the Upper Tribunal, or

(b)he does not fall within paragraph (a) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

Appointment as Chamber President by Lord Chancellor: consultation and nominationE+W+S+N.I.

2(1)The Lord Chancellor must consult the Senior President of Tribunals before the Lord Chancellor appoints under section 7(7) a person within—E+W+S+N.I.

  • section 6(1)(a) (ordinary judge of Court of Appeal in England and Wales),

  • section 6(1)(b) (Lord Justice of Appeal in Northern Ireland),

  • section 6(1)(c) (judge of the Court of Session), or

  • section 6(1)(d) (puisne judge of the High Court in England and Wales or Northern Ireland).

(2)If the Lord Chancellor, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Lord Chancellor must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(3)If the Lord Chancellor, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Lord Chancellor must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(4)If the Lord Chancellor, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Lord Chancellor must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

(5)If a judge is nominated under sub-paragraph (2), (3) or (4) in response to a request under that sub-paragraph, the Lord Chancellor must appoint the nominated judge as Chamber President of the chamber concerned.

Chamber Presidents: duration of appointment, remuneration etc.E+W+S+N.I.

3(1)A Chamber President is to hold and vacate office as a Chamber President in accordance with the terms of his appointment as a Chamber President (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)).E+W+S+N.I.

(2)The Lord Chancellor may pay to a Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Delegation of functions by Chamber PresidentsE+W+S+N.I.

4(1)The Chamber President of a chamber of the First-tier Tribunal or Upper Tribunal may delegate any function he has in his capacity as the Chamber President of the chamber—E+W+S+N.I.

(a)to any judge, or other member, of either of those tribunals;

(b)to staff appointed under section 40(1).

(2)A delegation under sub-paragraph (1) is not revoked by the delegator's becoming incapacitated.

(3)Any delegation made by a person under sub-paragraph (1) that is in force immediately before the person ceases to be the Chamber President of a chamber continues in force until subsequently varied or revoked by another holder of the office of Chamber President of that chamber.

(4)The delegation under sub-paragraph (1) of a function shall not prevent the exercise of the function by the Chamber President of the chamber concerned.

(5)In this paragraph “delegate” includes further delegate.

Deputy Chamber PresidentsE+W+S+N.I.

5(1)The Lord Chancellor may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber.E+W+S+N.I.

(2)The Senior President of Tribunals may appoint a person who is a Deputy Chamber President of a chamber to be instead, or to be also, a Deputy Chamber President of another chamber.

(3)The power under sub-paragraph (1) is exercisable in any particular case only if the Lord Chancellor—

(a)has consulted the Senior President of Tribunals about whether a Deputy Chamber President should be appointed for the chamber concerned, and

(b)considers, in the light of the consultation, that a Deputy Chamber President of the chamber should be appointed.

(4)A person is eligible for appointment under sub-paragraph (1) only if—

(a)he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,

(b)he is a transferred-in judge of the Upper Tribunal (see section 31(2)),

(c)he is a judge of the Upper Tribunal by virtue of—

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • section 5(1)(e) (Social Security Commissioner for Northern Ireland),

  • section 5(1)(g) (certain judges of courts in the United Kingdom), or

  • section 5(1)(h) (deputy judge of the Upper Tribunal), or

(d)he falls within none of paragraphs (a) to (c) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

(5)If the Lord Chancellor, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Lord Chancellor must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(6)If the Lord Chancellor, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Lord Chancellor must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(7)If the Lord Chancellor, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Lord Chancellor must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

(8)If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the Lord Chancellor must appoint the nominated judge as a Deputy Chamber President of the chamber concerned.

(9)A Deputy Chamber President is to hold and vacate office as a Deputy Chamber President in accordance with the terms of his appointment (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)).

(10)The Lord Chancellor may pay to a Deputy Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

(11)In sub-paragraphs (1) and (2) “chamber” means chamber of the First-tier Tribunal or chamber of the Upper Tribunal.

Annotations: Help about Annotation
Close

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)

Acting Chamber PresidentsE+W+S+N.I.

6(1)If in the case of a particular chamber of the First-tier Tribunal or Upper Tribunal there is no-one appointed under section 7 to preside over the chamber, the Senior President of Tribunals may appoint a person to preside over the chamber during the vacancy.E+W+S+N.I.

(2)A person appointed under sub-paragraph (1) is to be known as an Acting Chamber President.

(3)A person who is the Acting Chamber President of a chamber is to be treated as the Chamber President of the chamber for all purposes other than—

(a)the purposes of this paragraph of this Schedule, and

(b)the purposes of the Judicial Pensions and Retirement Act 1993 (c. 8).

(4)A person is eligible for appointment under sub-paragraph (1) only if he is eligible for appointment as a Chamber President.

(5)An Acting Chamber President is to hold and vacate office as an Acting Chamber President in accordance with the terms of his appointment.

(6)The Lord Chancellor may pay to an Acting Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

GuidanceE+W+S+N.I.

7The Chamber President of a chamber of the First-tier Tribunal or the Upper Tribunal is to make arrangements for the issuing of guidance on changes in the law and practice as they relate to the functions allocated to the chamber.E+W+S+N.I.

OathsE+W+S+N.I.

8(1)Sub-paragraph (2) applies to a person (“the appointee”)—E+W+S+N.I.

(a)appointed under section 7(7) as a Chamber President,

(b)appointed under paragraph 5(1) as a Deputy Chamber President of a chamber, or

(c)appointed as an Acting Chamber President.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)Sub-paragraph (2) does not apply to the appointee if he has previously taken the required oaths in compliance with a requirement imposed on him under paragraph 9 of Schedule 2 or paragraph 10 of Schedule 3.

(5)In this paragraph “the required oaths” means (subject to sub-paragraph (6))—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(6)Where it appears to the Lord Chancellor that the appointee will carry out functions under his appointment wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to the appointee “the required oaths” means—

(a)the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b)the affirmation and declaration as set out in section 19(3) of that Act.

Part 2 E+W+S+N.I.Judges and other members of chambers: assignment and jurisdiction

Assignment is function of Senior President of TribunalsE+W+S+N.I.

9(1)The Senior President of Tribunals has—E+W+S+N.I.

(a)the function of assigning judges and other members of the First-tier Tribunal (including himself) to chambers of the First-tier Tribunal, and

(b)the function of assigning judges and other members of the Upper Tribunal (including himself) to chambers of the Upper Tribunal.

(2)The functions under sub-paragraph (1) are to be exercised in accordance with the following provisions of this Part of this Schedule.

Deemed assignment of Chamber Presidents and Deputy Chamber PresidentsE+W+S+N.I.

10(1)The Chamber President, or a Deputy Chamber President, of a chamber—E+W+S+N.I.

(a)is to be taken to be assigned to that chamber;

(b)may be assigned additionally to one or more of the other chambers;

(c)may be assigned under paragraph (b) to different chambers at different times.

(2)Paragraphs 11(1) and (2) and 12(2) and (3) do not apply to assignment of a person who is a Chamber President or a Deputy Chamber President.

(3)In sub-paragraph (1) “chamber” means chamber of the First-tier Tribunal or the Upper Tribunal.

Assigning members of First-tier Tribunal to its chambersE+W+S+N.I.

11(1)Each person who is a judge or other member of the First-tier Tribunal by virtue of appointment under paragraph 1(1) or 2(1) of Schedule 2 or who is a transferred-in judge, or transferred-in other member, of the First-tier Tribunal—E+W+S+N.I.

(a)is to be assigned to at least one of the chambers of the First-tier Tribunal, and

(b)may be assigned to different chambers of the First-tier Tribunal at different times.

(2)A judge or other member of the First-tier Tribunal to whom sub-paragraph (1) does not apply—

(a)may be assigned to one or more of the chambers of the First-tier Tribunal, and

(b)may be assigned to different chambers of the First-tier Tribunal at different times.

(3)The Senior President of Tribunals may assign a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence—

(a)of the Chamber President of the chamber, and

(b)of the judge or other member.

(4)The Senior President of Tribunals may end the assignment of a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence of the Chamber President of the chamber.

(5)Sub-paragraph (3)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the First-tier Tribunal.

(6)Sub-paragraphs (3)(a) and (4) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(7)Sub-paragraphs (3) and (4) do not apply where the judge concerned is the Senior President of Tribunals himself.

Assigning members of Upper Tribunal to its chambersE+W+S+N.I.

12(1)Sub-paragraph (2) applies to a person if—E+W+S+N.I.

(a)he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3, or

(b)he is a transferred-in judge of the Upper Tribunal, or

(c)he is a deputy judge of the Upper Tribunal, or

(d)he is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3, or

(e)he is a transferred-in other member of the Upper Tribunal.

(2)Each person to whom this sub-paragraph applies—

(a)is to be assigned to at least one of the chambers of the Upper Tribunal, and

(b)may be assigned to different chambers of the Upper Tribunal at different times.

(3)A judge or other member of the Upper Tribunal to whom sub-paragraph (2) does not apply—

(a)may be assigned to one or more of the chambers of the Upper Tribunal, and

(b)may be assigned to different chambers of the Upper Tribunal at different times.

(4)The Senior President of Tribunals may assign a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence—

(a)of the Chamber President of the chamber, and

(b)of the judge or other member.

(5)The Senior President of Tribunals may end the assignment of a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence of the Chamber President of the chamber.

(6)Sub-paragraph (4)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the Upper Tribunal.

(7)Sub-paragraphs (4)(a) and (5) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(8)Sub-paragraphs (4) and (5) do not apply where the judge concerned is the Senior President of Tribunals himself.

Policy of Senior President of Tribunals as respects assigning members to chambers etc.E+W+S+N.I.

13(1)The Senior President of Tribunals must publish a document recording the policy adopted by him in relation to—E+W+S+N.I.

(a)the assigning of persons to chambers in exercise of his functions under paragraph 9,

(b)F11. . . and

(c)the nominating of persons to act as members of panels of members of employment tribunals in exercise of his functions under any such provision as is mentioned in section 5D(1) of the Employment Tribunals Act 1996 (c. 17).

(2)That policy must be such as to secure—

(a)that appropriate use is made of the knowledge and experience of the judges and other members of the First-tier Tribunal and Upper Tribunal, and

(b)that, in the case of a chamber (of the First-tier Tribunal or Upper Tribunal) whose business consists of, or includes, cases likely to involve the application of the law of Scotland or Northern Ireland, sufficient knowledge and experience of that law is to be found among persons assigned to the chamber.

(3)No policy may be adopted by the Senior President of Tribunals for the purposes of sub-paragraph (1) unless the Lord Chancellor concurs in the policy.

(4)The Senior President of Tribunals must keep any policy adopted for the purposes of sub-paragraph (1) under review.

Annotations: Help about Annotation
Close

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)

Choosing members to decide casesE+W+S+N.I.

14(1)The First-tier Tribunal's function, or the Upper Tribunal's function, of deciding any matter in a case before the tribunal is to be exercised by a member or members of the chamber of the tribunal to which the case is allocated.E+W+S+N.I.

(2)The member or members must be chosen by the Senior President of Tribunals.

(3)A person choosing under sub-paragraph (2)—

(a)must act in accordance with any provision under paragraph 15;

(b)may choose himself.

(4)In this paragraph “member”, in relation to a chamber of a tribunal, means a judge or other member of the tribunal who is assigned to the chamber.

Composition of tribunalsE+W+S+N.I.

15(1)The Lord Chancellor must by order make provision, in relation to every matter that may fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter.E+W+S+N.I.

(2)Where an order under sub-paragraph (1) provides for a matter to be decided by a single member of a tribunal, the order—

(a)must make provision for determining whether the matter is to be decided by one of the judges, or by one of the other members, of the tribunal, and

(b)may make provision for determining, if the matter is to be decided by one of the other members of the tribunal, what qualifications (if any) that other member must have.

(3)Where an order under sub-paragraph (1) provides for a matter to be decided by two or more members of a tribunal, the order—

(a)must make provision for determining how many (if any) of those members are to be judges of the tribunal and how many (if any) are to be other members of the tribunal, and

(b)may make provision for determining—

(i)if the matter is to be decided by persons who include one or more of the other members of the tribunal, or

(ii)if the matter is to be decided by two or more of the other members of the tribunal,

what qualifications (if any) that other member or any of those other members must have.

(4)A duty under sub-paragraph (1), (2) or (3) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals, or a Chamber President, in accordance with any provision made under that sub-paragraph.

(5)Power under paragraph (b) of sub-paragraph (2) or (3) to provide for the determination of anything may be exercised by giving, to the Senior President of Tribunals or a Chamber President, power to determine that thing in accordance with any provision made under that paragraph.

(6)Where under sub-paragraphs (1) to (4) a matter is to be decided by two or more members of a tribunal, the matter may, if the parties to the case agree, be decided in the absence of one or more (but not all) of the members chosen to decide the matter.

(7)Where the member, or any of the members, of a tribunal chosen to decide a matter does not have any qualification that he is required to have under sub-paragraphs (2)(b), or (3)(b), and (5), the matter may despite that, if the parties to the case agree, be decided by the chosen member or members.

(8)Before making an order under this paragraph, the Lord Chancellor must consult the Senior President of Tribunals.

(9)In this paragraph “qualification” includes experience.

Section 22

SCHEDULE 5E+W+S+N.I.Procedure in First-tier Tribunal and Upper Tribunal

Part 1 E+W+S+N.I.Tribunal Procedure Rules

IntroductoryE+W+S+N.I.

1(1)This Part of this Schedule makes further provision about the content of Tribunal Procedure Rules.E+W+S+N.I.

(2)The generality of section 22(1) is not to be taken to be prejudiced by—

(a)the following paragraphs of this Part of this Schedule, or

(b)any other provision (including future provision) authorising or requiring the making of provision by Tribunal Procedure Rules.

(3)In the following paragraphs of this Part of this Schedule “Rules” means Tribunal Procedure Rules.

Concurrent functionsE+W+S+N.I.

2Rules may make provision as to who is to decide, or as to how to decide, which of the First-tier Tribunal and Upper Tribunal is to exercise, in relation to any particular matter, a function that is exercisable by the two tribunals on the basis that the question as to which of them is to exercise the function is to be determined by, or under, Rules.E+W+S+N.I.

Delegation of functions to staffE+W+S+N.I.

3(1)Rules may provide for functions—E+W+S+N.I.

(a)of the First-tier Tribunal, or

(b)of the Upper Tribunal,

to be exercised by staff appointed under section 40(1).

(2)In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Rules may (in particular)—

(a)provide for the function to be exercisable by a member of staff only if the member of staff is, or is of a description, specified in exercise of a discretion conferred by Rules;

(b)provide for the function to be exercisable by a member of staff only if the member of staff is approved, or is of a description approved, for the purpose by a person specified in Rules.

Time limitsE+W+S+N.I.

4Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the First-tier Tribunal or the Upper Tribunal.E+W+S+N.I.

Repeat applicationsE+W+S+N.I.

5Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made.E+W+S+N.I.

Tribunal acting of its own initiativeE+W+S+N.I.

6Rules may make provision about the circumstances in which the First-tier Tribunal, or the Upper Tribunal, may exercise its powers of its own initiative.E+W+S+N.I.

HearingsE+W+S+N.I.

7Rules may—E+W+S+N.I.

(a)make provision for dealing with matters without a hearing;

(b)make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public.

Proceedings without noticeE+W+S+N.I.

8Rules may make provision for proceedings to take place, in circumstances described in Rules, at the request of one party even though the other, or another, party has had no notice.E+W+S+N.I.

RepresentationE+W+S+N.I.

9Rules may make provision conferring additional rights of audience before the First-tier Tribunal or the Upper Tribunal.E+W+S+N.I.

Evidence, witnesses and attendanceE+W+S+N.I.

10(1)Rules may make provision about evidence (including evidence on oath and administration of oaths).E+W+S+N.I.

(2)Rules may modify any rules of evidence provided for elsewhere, so far as they would apply to proceedings before the First-tier Tribunal or Upper Tribunal.

(3)Rules may make provision, where the First-tier Tribunal has required a person—

(a)to attend at any place for the purpose of giving evidence,

(b)otherwise to make himself available to give evidence,

(c)to swear an oath in connection with the giving of evidence,

(d)to give evidence as a witness,

(e)to produce a document, or

(f)to facilitate the inspection of a document or any other thing (including any premises),

for the Upper Tribunal to deal with non-compliance with the requirement as though the requirement had been imposed by the Upper Tribunal.

(4)Rules may make provision for the payment of expenses and allowances to persons giving evidence, producing documents, attending proceedings or required to attend proceedings.

Use of informationE+W+S+N.I.

11(1)Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the First-tier Tribunal or Upper Tribunal.E+W+S+N.I.

(2)Rules may make provision for imposing reporting restrictions in circumstances described in Rules.

Costs and expensesE+W+S+N.I.

12(1)Rules may make provision for regulating matters relating to costs, or (in Scotland) expenses, of proceedings before the First-tier Tribunal or Upper Tribunal.E+W+S+N.I.

(2)The provision mentioned in sub-paragraph (1) includes (in particular)—

(a)provision prescribing scales of costs or expenses;

(b)provision for enabling costs to undergo detailed assessment in England and Wales by a county court or the High Court;

(c)provision for taxation in Scotland of accounts of expenses by an Auditor of Court;

(d)provision for enabling costs to be taxed in Northern Ireland in a county court or the High Court;

(e)provision for costs or expenses—

(i)not to be allowed in respect of items of a description specified in Rules;

(ii)not to be allowed in proceedings of a description so specified;

(f)provision for other exceptions to either or both of subsections (1) and (2) of section 29.

Set-off and interestE+W+S+N.I.

13(1)Rules may make provision for a party to proceedings to deduct, from amounts payable by him, amounts payable to him.E+W+S+N.I.

(2)Rules may make provision for interest on sums awarded (including provision conferring a discretion or provision in accordance with which interest is to be calculated).

ArbitrationE+W+S+N.I.

14Rules may provide for [F12any of the provisions of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 (which extends to Scotland) or] Part 1 of the Arbitration Act 1996 (c. 23) (which extends to England and Wales, and Northern Ireland, but not Scotland) not to apply, or not to apply except so far as is specified in Rules, where the First-tier Tribunal, or Upper Tribunal, acts as arbitrator.E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

Correction of errors and setting-aside of decisions on procedural groundsE+W+S+N.I.

15(1)Rules may make provision for the correction of accidental errors in a decision or record of a decision.E+W+S+N.I.

(2)Rules may make provision for the setting aside of a decision in proceedings before the First-tier Tribunal or Upper Tribunal—

(a)where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative,

(b)where a document relating to the proceedings was not sent to the First-tier Tribunal or Upper Tribunal at an appropriate time,

(c)where a party to the proceedings, or a party's representative, was not present at a hearing related to the proceedings, or

(d)where there has been any other procedural irregularity in the proceedings.

(3)Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be prejudiced by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs.

Ancillary powersE+W+S+N.I.

16Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such ancillary powers as are necessary for the proper discharge of its functions.E+W+S+N.I.

Rules may refer to practice directionsE+W+S+N.I.

17Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under section 23.E+W+S+N.I.

PresumptionsE+W+S+N.I.

18Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification).E+W+S+N.I.

Differential provisionE+W+S+N.I.

19Rules may make different provision for different purposes or different areas.E+W+S+N.I.

Part 2 E+W+S+N.I.Tribunal Procedure Committee

MembershipE+W+S+N.I.

20The Tribunal Procedure Committee is to consist of—E+W+S+N.I.

(a)the Senior President of Tribunals or a person nominated by him,

(b)the persons currently appointed by the Lord Chancellor under paragraph 21,

(c)the persons currently appointed by the Lord Chief Justice of England and Wales under paragraph 22,

(d)the person currently appointed by the Lord President of the Court of Session under paragraph 23, and

(e)any person currently appointed under paragraph 24 at the request of the Senior President of Tribunals.

Lord Chancellor's appointeesE+W+S+N.I.

21(1)The Lord Chancellor must appoint—E+W+S+N.I.

(a)three persons each of whom must be a person with experience of—

(i)practice in tribunals, or

(ii)advising persons involved in tribunal proceedings, and

(b)one person nominated by the Administrative Justice and Tribunals Council.

(2)Before making an appointment under sub-paragraph (1), the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

(3)Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in sub-paragraph (1)(b) is to be read as a reference to the Council on Tribunals; and if, when the Administrative Justice and Tribunals Council first has ten members so appointed, the person appointed under sub-paragraph (1)(b) is a nominee of the Council on Tribunals, that person ceases to be a member of the Tribunal Procedure Committee at that time.

Lord Chief Justice's appointeesE+W+S+N.I.

22(1)The Lord Chief Justice of England and Wales must appoint—E+W+S+N.I.

(a)one of the judges of the First-tier Tribunal,

(b)one of the judges of the Upper Tribunal, and

(c)one person who is a member of the First-tier Tribunal, or is a member of the Upper Tribunal, but is not a judge of the First-tier Tribunal and is not a judge of the Upper Tribunal.

(2)Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.

Lord President's appointeeE+W+S+N.I.

23(1)The Lord President of the Court of Session must appoint one person with experience in and knowledge of the Scottish legal system.E+W+S+N.I.

(2)Before making an appointment under sub-paragraph (1), the Lord President of the Court of Session must consult the Lord Chancellor.

Persons appointed at request of Senior President of TribunalsE+W+S+N.I.

24(1)At the request of the Senior President of Tribunals, an appropriate senior judge may appoint a person or persons with experience in and knowledge of—E+W+S+N.I.

(a)a particular issue, or

(b)a particular subject area in relation to which the First-tier Tribunal or the Upper Tribunal has, or is likely to have, jurisdiction,

for the purpose of assisting the Committee with regard to that issue or subject area.

(2)In sub-paragraph (1) “an appropriate senior judge” means any of—

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

(3)The total number of persons appointed at any time under sub-paragraph (1) must not exceed four.

(4)Before making an appointment under sub-paragraph (1), the person making the appointment must consult the Lord Chancellor.

(5)The terms of appointment of a person appointed under sub-paragraph (1) may (in particular) authorise him to act as a member of the Committee only in relation to matters specified by those terms.

Power to amend paragraphs 20 to 24E+W+S+N.I.

25(1)The Lord Chancellor may by order—E+W+S+N.I.

(a)amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and

(b)make consequential amendments in any other provision of paragraphs 21 to 24 or in paragraph 28(7).

(2)The making of an order under this paragraph—

(a)requires the concurrence of the Lord Chief Justice of England and Wales,

(b)if the order amends paragraph 23(1), requires also the concurrence of the Lord President of the Court of Session, and

(c)if the order amends paragraph 24(1), requires also the concurrence of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

Committee members' expensesE+W+S+N.I.

26The Lord Chancellor may reimburse members of the Tribunal Procedure Committee their travelling and out-of-pocket expenses.E+W+S+N.I.

Part 3 E+W+S+N.I.Making of Tribunal Procedure Rules by Tribunal Procedure Committee

Meaning of “Rules” and “the Committee”E+W+S+N.I.

27In the following provisions of this Part of this Schedule—E+W+S+N.I.

  • the Committee” means the Tribunal Procedure Committee;

  • Rules” means Tribunal Procedure Rules.

Process for making RulesE+W+S+N.I.

28(1)Before the Committee makes Rules, the Committee must—E+W+S+N.I.

(a)consult such persons (including such of the Chamber Presidents) as it considers appropriate,

(b)consult the Lord President of the Court of Session if the Rules contain provision relating to proceedings in Scotland, and

(c)meet (unless it is inexpedient to do so).

(2)Rules made by the Committee must be—

(a)signed by a majority of the members of the Committee, and

(b)submitted to the Lord Chancellor.

(3)The Lord Chancellor may allow or disallow Rules so made.

(4)If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so.

(5)Rules so made and allowed—

(a)come into force on such day as the Lord Chancellor directs, and

(b)are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.

Power of Lord Chancellor to require Rules to be madeE+W+S+N.I.

29(1)This paragraph applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Rules to include provision that would achieve a purpose specified in the notice.E+W+S+N.I.

(2)The Committee must make such Rules, in accordance with paragraph 28, as it considers necessary to achieve the specified purpose.

(3)Those Rules must be made—

(a)within such period as may be specified by the Lord Chancellor in the notice, or

(b)if no period is so specified, within a reasonable period after the Lord Chancellor gives the notice to the Committee.

Part 4 E+W+S+N.I.Power to amend legislation in connection with Tribunal Procedure Rules

Lord Chancellor's powerE+W+S+N.I.

30(1)The Lord Chancellor may by order amend, repeal or revoke any enactment to the extent he considers necessary or desirable—E+W+S+N.I.

(a)in order to facilitate the making of Tribunal Procedure Rules, or

(b)in consequence of—

(i)section 22,

(ii)Part 1 or 3 of this Schedule, or

(iii)Tribunal Procedure Rules.

(2)In this paragraph “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Sections 30 to 37

SCHEDULE 6E+W+S+N.I.Tribunals for the purposes of sections 30 to 36

Part 1 E+W+S+N.I.Tribunals for the purposes of sections 30, 35 and 36

TribunalEnactment
Appeal tribunalChapter 1 of Part 1 of the Social Security Act 1998 (c. 14)
Child Support CommissionerSection 22 of the Child Support Act 1991 (c. 48)
The Secretary of State as respects his function of deciding appeals under:Section 41 of the Consumer Credit Act 1974 (c. 39)
The Secretary of State as respects his function of deciding appeals under:Section 7(1) of the Estate Agents Act 1979 (c. 38)
Foreign Compensation CommissionSection 1 of the Foreign Compensation Act 1950 (c. 12)
Commissioner for the general purposes of the income taxSection 2 of the Taxes Management Act 1970 (c. 9)
Information TribunalSection 6 of the Data Protection Act 1998 (c. 29)
Meat Hygiene Appeals TribunalRegulation 6 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539)
Meat Hygiene Appeals TribunalRegulation 6 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/540)
Meat Hygiene Appeals TribunalRegulation 5 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/2148)
Mental Health Review Tribunal for a region of EnglandSection 65(1) and (1A)(a) of the Mental Health Act 1983 (c. 20)
Reinstatement CommitteeParagraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
Reserve forces appeal tribunalSection 88 of the Reserve Forces Act 1996 (c. 14)
Sea Fish Licence TribunalSection 4AA of the Sea Fish (Conservation) Act 1967 (c. 84)
Social Security CommissionerSchedule 4 to the Social Security Act 1998 (c. 14)
Special Educational Needs and Disability TribunalSection 333 of the Education Act 1996 (c. 56)
Transport TribunalSchedule 4 to the Transport Act 1985 (c. 67)
Umpire or deputy umpireParagraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985
VAT and duties tribunalSchedule 12 to the Value Added Tax Act 1994 (c. 23)

Part 2 E+W+S+N.I.Tribunals for the purposes of sections 30 and 35

TribunalEnactment
AdjudicatorSection 5 of the Criminal Injuries Compensation Act 1995 (c. 53)

Part 3 E+W+S+N.I.Tribunals for the purposes of sections 30 and 36

TribunalEnactment
Adjudicator to Her Majesty's Land RegistrySection 107 of the Land Registration Act 2002 (c. 9)
Charity TribunalSection 2A of the Charities Act 1993 (c. 10)
Consumer Credit Appeals TribunalSection 40A of the Consumer Credit Act 1974 (c. 39)
Financial Services and Markets TribunalSection 132 of the Financial Services and Markets Act 2000 (c. 8)
Gambling Appeals TribunalSection 140 of the Gambling Act 2005 (c. 19)
Immigration Services TribunalSection 87 of the Immigration and Asylum Act 1999 (c. 33)
Lands TribunalSection 1(1)(b) of the Lands Tribunal Act 1949 (c. 42)
Pensions Appeal Tribunal in England and WalesParagraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Pensions Regulator TribunalSection 102 of the Pensions Act 2004 (c. 35)
Commissioner for the special purposes of the Income Tax ActsSection 4 of the Taxes Management Act 1970 (c. 9)

Part 4 E+W+S+N.I.Tribunals for the purposes of section 30

TribunalEnactment
Agricultural Land TribunalSection 73 of the Agriculture Act 1947 (c. 48)
Aircraft and Shipbuilding Industries Arbitration TribunalSection 42 of the Aircraft and Shipbuilding Industries Act 1977 (c. 3)
Antarctic Act TribunalRegulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490)
Appeal tribunalPart 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters' Pension Scheme Order 1992 (S.I. 1992/129)
[F13Asylum and Immigration TribunalSection 81 of the Nationality, Immigration and Asylum Act 2002]
Asylum Support AdjudicatorSection 102 of the Immigration and Asylum Act 1999
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for EnglandSection 76 of the Local Government Act 2000 (c. 22)
[F14 Claims Management Services TribunalSection 12 of the Compensation Act 2006 (c.29)]
Family Health Services Appeal AuthoritySection 49S of the National Health Service Act 1977 (c. 49)
[F15Gender Recognition PanelSection 1(3) of the Gender Recognition Act 2004 (c.7)]
Insolvency Practitioners TribunalSection 396(1) of the Insolvency Act 1986 (c. 45)
Appeals TribunalPart 3 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483)
Plant Varieties and Seeds TribunalSection 42 of the Plant Varieties Act 1997 (c. 66)
[F16PanelSection 189(6) of the Greater London Authority Act 1999]
TribunalRule 6 of the model provisions with respect to appeals as applied with modifications by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030)
TribunalHealth Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
TribunalSection 706 of the Income and Corporation Taxes Act 1988 (c. 1)
[F17TribunalSection 704 of the Income Tax Act 2007 (c.3)]
TribunalSection 150 of the Mines and Quarries Act 1954 (c. 70)
TribunalPart 1 of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)
TribunalRegulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257)
TribunalSection 9 of the Protection of Children Act 1999 (c. 14)
Annotations: Help about Annotation
Close

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)

F13Sch. 6 Pt. 4: entry inserted (14.2.2010) by The Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2010 (S.I. 2010/20), art. 2

Part 5 E+W+S+N.I.Tribunals for the purposes of sections 35 and 36

TribunalEnactment
Employment Appeal TribunalSection 20 of the Employment Tribunals Act 1996 (c. 17)

Part 6 E+W+S+N.I.Tribunals for the purposes of section 35

TribunalEnactment
Employment tribunalSection 1 of the Employment Tribunals Act 1996

Part 7 E+W+S+N.I.Tribunals for the purposes of section 32(3)

TribunalEnactment
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for WalesSection 76 of the Local Government Act 2000 (c. 22)
Appeals TribunalLocal Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (S.I. 2001/2281)
Mental Health Review Tribunal for WalesSection 65(1) and (1A)(b) of the Mental Health Act 1983 (c. 20)
Special Educational Needs Tribunal for WalesSection 336ZA of the Education Act 1996 (c. 56)
TribunalSection 27 of, and Schedule 3 to, the Education Act 2005 (c. 18)

Section 44

SCHEDULE 7E+W+S+N.I.Administrative Justice and Tribunals Council

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

Part 1 E+W+S+N.I.Members and committees

MembershipE+W+S+N.I.

1(1)The Council is to consist of—E+W+S+N.I.

(a)the Parliamentary Commissioner for Administration, and

(b)not more than fifteen nor fewer than ten appointed members.

(2)Of the appointed members—

(a)either two or three are to be appointed by the Scottish Ministers with the concurrence of the Lord Chancellor and the Welsh Ministers,

(b)either one or two are to be appointed by the Welsh Ministers with the concurrence of the Lord Chancellor and the Scottish Ministers, and

(c)the others are to be appointed by the Lord Chancellor with the concurrence of the Scottish Ministers and the Welsh Ministers.

Chairman of the CouncilE+W+S+N.I.

2(1)After consultation with the Scottish Ministers and the Welsh Ministers, the Lord Chancellor must nominate one of the appointed members to be chairman of the Council.E+W+S+N.I.

(2)The chairman of the Council is to hold and vacate that office in accordance with the terms of his nomination, but—

(a)may resign that office by giving written notice to the Lord Chancellor, and

(b)ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2).

Term of office of appointed members of CouncilE+W+S+N.I.

3(1)Subject to the following provisions of this paragraph, a person appointed under paragraph 1(2) is to hold and vacate office in accordance with the terms of his appointment.E+W+S+N.I.

(2)A person appointed under paragraph 1(2)(a) may resign by giving written notice to the Scottish Ministers.

(3)A person appointed under paragraph 1(2)(b) may resign by giving written notice to the Welsh Ministers.

(4)A person appointed under paragraph 1(2)(c) may resign by giving written notice to the Lord Chancellor.

(5)The Lord Chancellor may remove a person appointed under paragraph 1(2) on the ground of inability or misbehaviour.

(6)The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(a) may be exercised only with the concurrence of the Scottish Ministers.

(7)The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(b) may be exercised only with the concurrence of the Welsh Ministers.

Scottish CommitteeE+W+S+N.I.

4(1)There is to be a Scottish Committee of the Council (referred to in this Schedule as “the Scottish Committee”) for the purpose of exercising the functions conferred on it by any statutory provision.E+W+S+N.I.

(2)The Scottish Committee is to consist of—

(a)the Parliamentary Commissioner for Administration,

(b)the Scottish Public Services Ombudsman,

(c)the members of the Council appointed under paragraph 1(2)(a), and

(d)either three or four other persons, not being members of the Council, appointed by the Scottish Ministers.

Chairman of the Scottish CommitteeE+W+S+N.I.

5(1)The Scottish Ministers must nominate one of the members mentioned in paragraph 4(2)(c) to be chairman of the Scottish Committee.E+W+S+N.I.

(2)The chairman of the Scottish Committee is to hold and vacate that office in accordance with the terms of his nomination, but—

(a)may resign that office by giving written notice to the Scottish Ministers, and

(b)ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(a).

Term of office of appointed members of Scottish CommitteeE+W+S+N.I.

6(1)Subject to the following provisions of this paragraph, a person appointed under paragraph 4(2)(d) is to hold and vacate office in accordance with the terms of his appointment.E+W+S+N.I.

(2)The person may resign by giving written notice to the Scottish Ministers.

(3)The Scottish Ministers may remove the person on the ground of inability or misbehaviour.

Welsh CommitteeE+W+S+N.I.

7(1)There is to be a Welsh Committee of the Council (referred to in this Schedule as “the Welsh Committee”) for the purpose of exercising the functions conferred on it by any statutory provision.E+W+S+N.I.

(2)The Welsh Committee is to consist of—

(a)the Parliamentary Commissioner for Administration,

(b)the Public Services Ombudsman for Wales,

(c)the members of the Council appointed under paragraph 1(2)(b), and

(d)either two or three other persons, not being members of the Council, appointed by the Welsh Ministers.

Chairman of Welsh CommitteeE+W+S+N.I.

8(1)The Welsh Ministers must nominate one of the members mentioned in paragraph 7(2)(c) to be chairman of the Welsh Committee.E+W+S+N.I.

(2)The chairman of the Welsh Committee is to hold and vacate that office in accordance with the terms of his nomination, but—

(a)may resign that office by giving written notice to the Welsh Ministers, and

(b)ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(b).

Term of office of Committee membersE+W+S+N.I.

9(1)Subject to the following provisions of this paragraph, a person appointed under paragraph 7(2)(d) is to hold and vacate office in accordance with the terms of his appointment.E+W+S+N.I.

(2)The person may resign by giving written notice to the Welsh Ministers.

(3)The Welsh Ministers may remove the person on the ground of inability or misbehaviour.

Remuneration of Council and Committee membersE+W+S+N.I.

10(1)The Lord Chancellor must pay such remuneration as he may determine to each of the following—E+W+S+N.I.

(a)the chairman of the Council;

(b)the chairman of the Scottish Committee;

(c)the chairman of the Welsh Committee.

(2)The Lord Chancellor may pay such fees as he may determine to—

(a)members of the Council other than the chairman;

(b)members of the Scottish Committee other than the chairman;

(c)members of the Welsh Committee other than the chairman.

(3)The Lord Chancellor may pay such expenses as he may determine to—

(a)members of the Council;

(b)members of the Scottish Committee;

(c)members of the Welsh Committee.

(4)In sub-paragraph (3) “expenses” includes (in particular) subsistence allowances and travelling expenses.

Annotations: Help about Annotation
Close

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.

Commencement Information

I1Sch. 7 para. 10 wholly in force at 1.6.2008; Sch. 7 para. 10 not in force at Royal Assent see s. 148; Sch. 7 para. 10(1)(a)(b)(2)(a)(b)(3)(a)(b)(4) in force at 1.11.2007 and Sch. 7 para. 10 in force at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(c)(i), 6(a)

Status of Council and CommitteesE+W+S+N.I.

11The Council, the Scottish Committee and the Welsh Committee are not to be regarded—E+W+S+N.I.

(a)as agents or servants of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

Annotations: Help about Annotation
Close

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.

Commencement Information

I2Sch. 7 para. 11 wholly in force at 1.6.2008; Sch. 7 para. 11 not in force at Royal Assent see s. 148; Sch. 7 para. 11 in force for certain purposes at 1.11.2007 and 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(c)(ii), 6(a)

Part 2 E+W+S+N.I.Functions

IntroductoryE+W+S+N.I.

12The Council has the functions conferred on it by this Schedule or any other statutory provision.E+W+S+N.I.

Functions with respect to the administrative justice systemE+W+S+N.I.

13(1)The Council is to—E+W+S+N.I.

(a)keep the administrative justice system under review,

(b)consider ways to make the system accessible, fair and efficient,

(c)advise the persons mentioned in sub-paragraph (2) on the development of the system,

(d)refer proposals for changes in the system to those persons, and

(e)make proposals for research into the system.

(2)Those persons are—

(a)the Lord Chancellor,

(b)the Scottish Ministers,

(c)the Welsh Ministers, and

(d)the Senior President of Tribunals.

(3)The Council may make such reports as it considers appropriate on any of the matters mentioned in sub-paragraph (1).

(4)In this paragraph “the administrative justice system” means the overall system by which decisions of an administrative or executive nature are made in relation to particular persons, including—

(a)the procedures for making such decisions,

(b)the law under which such decisions are made, and

(c)the systems for resolving disputes and airing grievances in relation to such decisions.

General functions with respect to tribunalsE+W+S+N.I.

14(1)The Council is to—E+W+S+N.I.

(a)keep under review, and report on, the constitution and working—

(i)of listed tribunals in general, and

(ii)of each listed tribunal,

(b)consider, and report on, any other matter—

(i)that relates to listed tribunals in general or to a particular listed tribunal, and

(ii)that the Council determines to be of special importance, and

(c)consider, and report on, any particular matter referred to the Council—

(i)that relates to tribunals in general or to any particular tribunal, and

(ii)whose referral to the Council falls within paragraph 16.

(2)The Council may scrutinise and comment on legislation, existing or proposed, relating to tribunals or to any particular tribunal.

(3)The Council must—

(a)consult the Scottish Committee before exercising the power conferred by sub-paragraph (2) with respect to legislation, existing or proposed, that relates to at least one tribunal with jurisdiction in cases arising in Scotland;

(b)consult the Welsh Committee before exercising that power with respect to legislation, existing or proposed, that relates to at least one tribunal with jurisdiction in cases arising in Wales.

(4)In sub-paragraphs (1)(c), (2) and (3)—

  • legislation” includes procedural rules;

  • tribunal” includes a proposed tribunal.

Annotations: Help about Annotation
Close

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.

Commencement Information

I3Sch. 7 para. 14 wholly in force at 1.6.2008; Sch. 7 para. 14 not in force at Royal Assent see s. 148; Sch. 7 para. 14(1)(2)(3)(a)(4) in force at 1.11.2007 and Sch. 7 para. 14 in force at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(c)(i), 6(a)

General functions with respect to statutory inquiriesE+W+S+N.I.

15The Council is to—E+W+S+N.I.

(a)keep under review, and report on, the constitution and working of statutory inquiries, both in general and by reference to statutory provisions under which statutory inquiries of different descriptions may be held,

(b)consider, and report on, any other matter—

(i)that relates to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii)that the Council determines to be of special importance, and

(c)consider, and report on, any particular matter referred to the Council—

(i)that relates to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii)whose referral to the Council falls within paragraph 16.

Referral of matters to the Council under paragraphs 14 and 15E+W+S+N.I.

16(1)This paragraph has effect for the purposes of paragraphs 14(1)(c) and 15(c).E+W+S+N.I.

(2)The referral of any matter falls within this paragraph if it is referred to the Council jointly by—

(a)the Lord Chancellor,

(b)the Welsh Ministers, and

(c)the Scottish Ministers.

(3)In addition—

(a)the referral of a matter that relates only to Wales falls within this paragraph if it is referred to the Council by the Welsh Ministers,

(b)the referral of a matter that relates only to Scotland falls within this paragraph if it is referred to the Council by the Scottish Ministers, and

(c)the referral of a matter that—

(i)does not relate to Scotland, and

(ii)if it relates to Wales, does not relate only to Wales,

falls within this paragraph if it is referred to the Council by the Lord Chancellor.

Reports by the Council under paragraphs 14 and 15E+W+S+N.I.

17(1)A report by the Council on a matter referred to it under paragraph 14(1)(c) or 15(c) must be made to the authority or authorities who referred the matter.E+W+S+N.I.

(2)Any other report by the Council under paragraph 14 or 15—

(a)must be made to the Lord Chancellor,

(b)if it relates to Wales, must be made also to the Welsh Ministers, and

(c)if it relates to Scotland, must be made also to the Scottish Ministers.

(3)The Lord Chancellor must lay before each House of Parliament every report made by the Council to him under this paragraph, other than a report that relates only to matters within sub-paragraph (4).

(4)Matters are within this sub-paragraph if legislation providing for them would be within the legislative competence of the Scottish Parliament if the legislation were included in an Act of that Parliament.

(5)The Scottish Ministers must lay before the Scottish Parliament every report made by the Council to them under this paragraph.

(6)The Welsh Ministers must lay before the National Assembly for Wales every report made by the Council to them under this paragraph.

(7)Where—

(a)a report is required by this paragraph to be made to one or more, but not all, of—

(i)the Lord Chancellor,

(ii)the Welsh Ministers, and

(iii)the Scottish Ministers, and

(b)the Council considers that the report could be relevant to matters that are the responsibility of another of those authorities,

the Council must send a copy of the report to the other authority.

Referral of matters to, and reports by, the Scottish CommitteeE+W+S+N.I.

18(1)The Council may not make a report on any matter relating only to Scotland until the Council—E+W+S+N.I.

(a)has referred the matter of the report for consideration, and report to the Council, by the Scottish Committee, and

(b)has considered the report of the Committee.

(2)Where the Council proposes to make a report on a matter that relates to Scotland but not only to Scotland, the Council must give the Scottish Committee details of the matter.

(3)The Scottish Committee may of its own motion make a report to the Council on any of the following matters so far as relating to Scotland—

(a)any matter relating to the administrative justice system,

(b)the constitution or working—

(i)of listed tribunals in general or of a particular listed tribunal, or

(ii)of statutory inquiries in general or of statutory inquiries of a particular description,

(c)any other matter—

(i)that relates to listed tribunals in general, to a particular listed tribunal, to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii)that the Scottish Committee determines to be of special importance, and

(d)any matter referred to the Council under paragraph 14(1)(c) or 15(c).

(4)If—

(a)the Council does not make a report on matters dealt with in a report made by the Scottish Committee under sub-paragraph (1) or (3), or

(b)in making a report on those matters, the Council does not adopt the report made by the Scottish Committee without modification,

the Scottish Committee may submit its report to the Scottish Ministers.

(5)Where the Scottish Committee—

(a)submits a report to the Scottish Ministers under sub-paragraph (4), and

(b)considers that the report could be relevant to matters that are the responsibility of the Lord Chancellor or the Welsh Ministers,

the Council must send a copy of the report to the Lord Chancellor or (as the case may be) the Assembly.

(6)The Scottish Ministers must lay before the Scottish Parliament any report submitted to them under sub-paragraph (4).

(7)In sub-paragraph (3)(a) “the administrative justice system” has the meaning given by paragraph 13(4).

Referral of matters to, and reports by, the Welsh CommitteeE+W+S+N.I.

19(1)The Council may not make a report on any matter relating only to Wales until the Council—E+W+S+N.I.

(a)has referred the matter of the report for consideration, and report to the Council, by the Welsh Committee, and

(b)has considered the report of the Committee.

(2)Where the Council proposes to make a report on a matter that relates to Wales but not only to Wales, the Council must give the Welsh Committee details of the matter.

(3)The Welsh Committee may of its own motion make a report to the Council on any of the following matters so far as relating to Wales—

(a)any matter relating to the administrative justice system,

(b)the constitution or working—

(i)of listed tribunals in general or of a particular listed tribunal, or

(ii)of statutory inquiries in general or of statutory inquiries of a particular description,

(c)any other matter—

(i)that relates to listed tribunals in general, to a particular listed tribunal, to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and

(ii)that the Welsh Committee determines to be of special importance, and

(d)any matter referred to the Council under paragraph 14(1)(c) or 15(c).

(4)If—

(a)the Council does not make a report on matters dealt with in a report made by the Welsh Committee under sub-paragraph (1) or (3), or

(b)in making a report on those matters, the Council does not adopt the report made by the Welsh Committee without modification,

the Welsh Committee may submit its report to the Welsh Ministers.

(5)Where the Welsh Committee—

(a)submits a report to the Welsh Ministers under sub-paragraph (4), and

(b)considers that the report could be relevant to matters that are the responsibility of the Lord Chancellor or the Scottish Ministers,

the Council must send a copy of the report to the Lord Chancellor or (as the case may be) the Scottish Ministers.

(6)The Welsh Ministers must lay before the National Assembly for Wales any report submitted to them under sub-paragraph (4).

(7)In sub-paragraph (3)(a) “the administrative justice system” has the meaning given by paragraph 13(4).

The Council's programme of workE+W+S+N.I.

20(1)The Council must formulate, in general terms, a programme of the work that the Council plans to undertake in carrying out its functions.E+W+S+N.I.

(2)The Council must—

(a)keep the programme under review, and

(b)revise it when appropriate.

(3)In discharging its duties under sub-paragraphs (1) and (2), the Council must have regard to—

(a)the work of the Civil Justice Council,

(b)the work of the Social Security Advisory Committee, and

(c)the work of the Industrial Injuries Advisory Council.

(4)The Council must send a copy of the programme, and a copy of any significant revisions to the programme, to—

(a)the Lord Chancellor,

(b)the Welsh Ministers, and

(c)the Scottish Ministers.

Annual reportsE+W+S+N.I.

21(1)The Council must make an annual report on the proceedings of the Council to—E+W+S+N.I.

(a)the Lord Chancellor,

(b)the Scottish Ministers, and

(c)the Welsh Ministers.

(2)The Scottish Committee must make an annual report to the Scottish Ministers on the proceedings of the Scottish Committee.

(3)The Welsh Committee must make an annual report to the Welsh Ministers on the proceedings of the Welsh Committee.

(4)The Lord Chancellor must lay before each House of Parliament a copy of any report made under sub-paragraph (1).

(5)The Scottish Ministers must lay before the Scottish Parliament a copy of any report made under sub-paragraph (1) or (2).

(6)The Welsh Ministers must lay before the National Assembly for Wales a copy of any report made under sub-paragraph (1) or (3).

Annotations: Help about Annotation
Close

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.

Commencement Information

I4Sch. 7 para. 21 wholly in force at 1.6.2008; Sch. 7 para. 21 not in force at Royal Assent see s. 148; Sch. 7 para. 21(1)(2)(4)(5) in force and Sch. 7 para. 21(6) in force for certain purposes at 1.11.2007 and Sch. 7 para. 21 in force at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(i)(iii), 6(a)

Right to attend proceedingsE+W+S+N.I.

22(1)A member of any of—E+W+S+N.I.

(a)the Council,

(b)the Scottish Committee, and

(c)the Welsh Committee,

may attend (as observer) proceedings of a listed tribunal or of a statutory inquiry.

(2)The right under sub-paragraph (1) applies even in respect of proceedings—

(a)taking the form of a hearing held in private, or

(b)not taking the form of a hearing.

(3)The right under sub-paragraph (1) is subject to any statutory provision by which members of the Council, members of the Scottish Committee or members of the Welsh Committee are expressly excluded from proceedings.

Annotations: Help about Annotation
Close

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.

Commencement Information

I5Sch. 7 para. 22 wholly in force at 1.6.2008; Sch. 7 para. 22 not in force at Royal Assent see s. 148; Sch. 7 para. 22(1)(a)(b)(2) in force and Sch. 7 para. 22(3) in force for certain purposes at 1.11.2007 and Sch. 7 para. 22 in force at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(c)(i), 6(a)

Application to Northern IrelandE+W+S+N.I.

23Nothing in paragraphs 13 to 15 authorises or requires the Council to deal with a matter if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly.E+W+S+N.I.

Part 3 E+W+S+N.I.Council to be consulted on rules for listed tribunals

24(1)The power of a Minister of the Crown, the Welsh Ministers or the Scottish Ministers to make, approve, confirm or concur in procedural rules for any listed tribunal is exercisable only after consultation with the Council.E+W+S+N.I.

(2)Sub-paragraph (1) does not apply with respect to any procedural rules made or to be made for a listed tribunal by the Tribunal Procedure Committee.

(3)The Council must consult the Scottish Committee in relation to the exercise of its function under sub-paragraph (1) with respect to any tribunal having jurisdiction in relation to Scotland.

(4)The Council must consult the Welsh Committee in relation to the exercise of its function under sub-paragraph (1) with respect to any tribunal having jurisdiction in relation to Wales.

Part 4 E+W+S+N.I.Interpretation

Meaning of “listed tribunal”E+W+S+N.I.

25(1)The following are listed tribunals for the purposes of this Schedule—E+W+S+N.I.

(a)the First-tier Tribunal, and

(b)the Upper Tribunal.

(2)In addition, an authority may by order provide for a tribunal to be a listed tribunal for the purposes of this Schedule if, or to the extent that, the tribunal is one for which the authority is responsible.

(3)For the purposes of sub-paragraph (2)—

(a)each of the following is an authority—

(i)the Lord Chancellor,

(ii)the Scottish Ministers, and

(iii)the Welsh Ministers, and

(b)the Lord Chancellor is the authority responsible for a tribunal unless, or except to the extent that, paragraph 26 or 27 provides for the Scottish Ministers or the Welsh Ministers to be the authority responsible for the tribunal.

(4)An order under sub-paragraph (2) may include—

(a)provision for a tribunal to be a listed tribunal only for the purposes of provisions of this Schedule specified in the order;

(b)provision for a tribunal to be a listed tribunal for the purposes of this Schedule, or for the purposes of provisions of this Schedule specified in the order, only in so far as it exercises functions so specified.

(5)The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule so far as it exercises functions with respect to relevant Northern Ireland matters; and for this purpose a matter is a “relevant Northern Ireland matter” if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly.

(6)The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule if the tribunal is established otherwise than by or under a statutory provision.

(7)Sub-paragraph (4) is not to be taken to prejudice the generality of section 49(3).

Annotations: Help about Annotation
Close

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.

Commencement Information

I6Sch. 7 para. 25 wholly in force at 1.11.2007; Sch. 7 para. 25 not in force at Royal Assent see s. 148; Sch. 7 para. 25(2)-(7) in force at 19.9.2007 and Sch. 7 para. 25(1) in force at 1.11.2007 by S.I. 2007/2709, arts. 2(k), 3(c)(i)

Responsible authorities for purposes of paragraph 25: ScotlandE+W+S+N.I.

26(1)This paragraph applies for the purposes of paragraph 25.E+W+S+N.I.

(2)The Scottish Ministers are the authority responsible for a tribunal if—

(a)all of the tribunal's functions are exercisable only in relation to Scotland, and

(b)at least one of the powers referred to in sub-paragraph (3) is exercisable as mentioned in sub-paragraph (6).

(3)Those powers are—

(a)power to appoint the members of the tribunal;

(b)power to make procedural rules for the tribunal.

(4)In the case of a tribunal that exercises functions in relation to Scotland and also exercises those or other functions in relation to somewhere other than Scotland, the Scottish Ministers are the authority responsible for the tribunal to the extent that it exercises functions in relation to Scotland if at least one of the powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-paragraph (6).

(5)Those powers are—

(a)power to appoint the members of tribunal who exercise the tribunal's functions in relation to Scotland;

(b)power to make procedural rules for the exercise of the tribunal's functions in relation to Scotland.

(6)Power is exercisable as mentioned in this sub-paragraph if it is exercisable—

(a)by the Scottish Ministers, or

(b)by the Lord President of the Court of Session,

and is not exercisable by them or him jointly or concurrently with a Minister of the Crown.

Responsible authorities for purposes of paragraph 25: WalesE+W+S+N.I.

27(1)This paragraph applies for the purposes of paragraph 25.E+W+S+N.I.

(2)The Welsh Ministers are the authority responsible for a tribunal if—

(a)all of the tribunal's functions are exercisable only in relation to Wales, and

(b)at least one of the powers referred to in sub-paragraph (3) is exercisable as mentioned in sub-paragraph (6).

(3)Those powers are—

(a)power to appoint the members of the tribunal;

(b)power to make procedural rules for the tribunal.

(4)In the case of a tribunal that exercises functions in relation to Wales and also exercises those or other functions in relation to somewhere other than Wales, the Welsh Ministers are the authority responsible for the tribunal to the extent that it exercises functions in relation to Wales if at least one of the powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-paragraph (6).

(5)Those powers are—

(a)power to appoint the members of the tribunal who exercise the tribunal's functions in relation to Wales;

(b)power to make procedural rules for the exercise of the tribunal's functions in relation to Wales.

(6)Power is exercisable as mentioned in this sub-paragraph if it is exercisable by the Welsh Ministers and is not exercisable by the Welsh Ministers jointly or concurrently with a Minister of the Crown.

Other definitionsE+W+S+N.I.

28(1)In this Schedule—E+W+S+N.I.

  • enactment” includes an Act of the Scottish Parliament;

  • the Council” means the Administrative Justice and Tribunals Council;

  • Minister of the Crown” has the meaning given in the Ministers of the Crown Act 1975 (c. 26);

  • procedural rules”, in relation to a tribunal, includes any statutory provision relating to the practice or procedure of the tribunal;

  • the Scottish Committee” means the Scottish Committee of the Council;

  • statutory inquiry” means a 1992 Act inquiry held, or to be held, by or on behalf of—

    (a)

    a Minister of the Crown,

    (b)

    the Scottish Ministers, or

    (c)

    the Welsh Ministers;

  • statutory provision” means a provision contained in, or having effect under, any enactment;

  • tribunal” does not include an ordinary court of law;

  • the Welsh Committee” means the Welsh Committee of the Council;

(2)References in this Schedule to members of tribunals include references to the person constituting a tribunal consisting of one person.

(3)In sub-paragraph (1) “1992 Act inquiry” means—

(a)an inquiry or hearing within paragraph (a) of the definition of “statutory inquiry” in section 16(1) of the Tribunals and Inquiries Act 1992 (c. 53), or

(b)an inquiry or hearing that is a statutory inquiry for the purposes of that Act by virtue of an order under section 16(2) of that Act (including such an order made after the coming into force of this Schedule).

Section 48(1)

SCHEDULE 8E+W+S+N.I.Tribunals and Inquiries: consequential and other amendments

Taxes Management Act 1970 (c. 9)E+W+S+N.I.

1(1)The following offices are abolished—E+W+S+N.I.

  • General Commissioner;

  • clerk to the General Commissioners for a division;

  • assistant clerk to the General Commissioners for a division.

(2)In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect.

(3)In this paragraph—

  • division” has the meaning given by section 2(1) and (6) of that Act;

  • General Commissioner” means a Commissioner for the general purposes of the income tax.

Chronically Sick and Disabled Persons Act 1970 (c. 44)E+W+S+N.I.

2In section 21(7E) of the Chronically Sick and Disabled Persons Act 1970 (procedural regulations in connection with appeals against refusal of application for disabled person's badge), for “Council on Tribunals” substitute “ Administrative Justice and Tribunals Council ”.E+W+S+N.I.

Health and Safety at Work etc. Act 1974 (c. 37)E+W+S+N.I.

3In section 44 of the Health and Safety at Work etc. Act 1974 (appeals in connection with licensing provisions), after subsection (4) insert—E+W+S+N.I.

(4A)A hearing held by a person appointed in pursuance of subsection (2) above shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

4In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

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.

Commencement Information

I7Sch. 8 para. 4 wholly in force at 3.11.2008; Sch. 8 para. 4 not in force at Royal Assent see s. 148(5); Sch. 8 para. 4 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), {(6)(b)(i)} and Sch. 8 para. 4 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

5In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

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.

Commencement Information

I8Sch. 8 para. 5 wholly in force at 3.11.2008; Sch. 8 para. 5 not in force at Royal Assent see s. 148(5); Sch. 8 para. 5 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(i) and Sch. 8 para. 5 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)E+W+S+N.I.

6(1)The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows.E+W+S+N.I.

(2)In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word “or” at the end of paragraph (b) insert—

(ba)before the First-tier Tribunal or the Upper Tribunal,.

(3)In section 1(4) (meaning of “rules of court”), before the word “and” at the end of paragraph (b) insert—

(ba)in relation to the First-tier Tribunal or the Upper Tribunal, means Tribunal Procedure Rules,.

Race Relations Act 1976 (c. 74)E+W+S+N.I.

7F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

Commencement Information

I9Sch. 8 para. 7 wholly in force at 1.6.2008; Sch. 8 para. 7 not in force at Royal Assent see s. 148(5); Sch. 8 para. 7 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Estate Agents Act 1979 (c. 38)E+W+S+N.I.

8Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.).E+W+S+N.I.

Town and Country Planning Act 1990 (c. 8)E+W+S+N.I.

9The Town and Country Planning Act 1990 is amended as follows.E+W+S+N.I.

10In paragraph 8 of Schedule 6 (appeals determined by appointed persons: supplementary provision), after sub-paragraph (1) insert—E+W+S+N.I.

(1A)A local inquiry or hearing held in pursuance of this Schedule shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

11In paragraph 8 of Schedule 7 (objections to simplified planning zone schemes), after sub-paragraph (6) insert—E+W+S+N.I.

(7)A local inquiry or other hearing held under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

12In paragraph 5 of Schedule 8 (local inquiries held by Planning Inquiry Commission), after sub-paragraph (3) insert—E+W+S+N.I.

(3A)An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

Prospective

Food Safety Act 1990 (c. 16)E+W+S+N.I.

13(1)The Food Safety Act 1990 is amended as follows.E+W+S+N.I.

(2)In section 26(2)(e) (regulations may provide for appeals, including appeals to a tribunal set up by the regulations)—

(a)after “to the sheriff,” insert “ or to the First-tier Tribunal or the Upper Tribunal, ” and

(b)omit “or to a tribunal constituted in accordance with the regulations,”.

(3)In section 37(2) (subsection (1)(c) does not apply where appeal may be made to a tribunal set up by regulations under Part 2), for the words from “provide for an appeal” onwards substitute provide for an appeal—

(a)to a tribunal constituted in accordance with the regulations, or

(b)to the First-tier Tribunal or the Upper Tribunal.

Courts and Legal Services Act 1990 (c. 41)E+W+S+N.I.

14The Courts and Legal Services Act 1990 is amended as follows.E+W+S+N.I.

15In section 119(1) (interpretation), in the definition of “court”, for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute—E+W+S+N.I.

(a)a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council);.

16In Schedule 11 (full-time judges etc barred from legal practice), at the end insert— Judge or other member of the First-tier Tribunal— E+W+S+N.I.

(a)appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or

(b)who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act)

Judge or other member of the Upper Tribunal—

(a)appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or

(b)who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act)

Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal .

Social Security Administration Act 1992 (c. 5)E+W+S+N.I.

17The Social Security Administration Act 1992 is amended as follows.E+W+S+N.I.

18In Schedule 4 (persons employed in social security administration or adjudication), in paragraph 3(b) of Part 2, for “Council on Tribunals or the” substitute “ Administrative Justice and Tribunals Council or the Welsh or ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

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.

Commencement Information

I10Sch. 8 para. 18 wholly in force at 1.6.2008; Sch. 8 para. 18 not in force at Royal Assent see s. 148(5); Sch. 8 para. 18 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(iii), 6(b)(ii)

19In Schedule 7 (regulations not requiring prior submission), in paragraphs 9 and 14, for the words from “Council on Tribunals” onwards substitute “ Administrative Justice and Tribunals Council is required by paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007. ”E+W+S+N.I.

Transport and Works Act 1992 (c. 42)E+W+S+N.I.

20The Transport and Works Act 1992 is amended as follows.E+W+S+N.I.

21In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for “1971” substitute “ 1992 ”.E+W+S+N.I.

22(1)Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows.E+W+S+N.I.

(2)In subsection (9)—

(a)for “1971” substitute “ 1992 ”, and

(b)for “section 12(1)” substitute “ section 10(1) ”.

(3)After that subsection insert—

(9A)A local inquiry or other hearing held by a person appointed under this section shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

Tribunals and Inquiries Act 1992 (c. 53)E+W+S+N.I.

23The Tribunals and Inquiries Act 1992 is amended as follows.E+W+S+N.I.

Prospective

24Omit section 5 (recommendations of Council as to appointment of members of tribunals).E+W+S+N.I.

25In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect.E+W+S+N.I.

Annotations: Help about Annotation
Close

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.

Commencement Information

I11Sch. 8 para. 25 partly in force; Sch. 8 para. 25 not in force at Royal Assent see s. 148(5); Sch. 8 para. 25 in force for certain purposes at 3.11.2008 by S.I. 2008/2696, art. 5(c)(ii)

26F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

27Omit section 8 (procedural rules for tribunals).E+W+S+N.I.

Annotations: Help about Annotation
Close

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.

Commencement Information

I12Sch. 8 para. 27 partly in force; Sch. 8 para. 27 not in force at Royal Assent see s. 148(5); Sch. 8 para. 27 in force for certain purposes by S.I. 2008/1653, art. 2(a) (with arts. 3, 4)

28In section 9 (power of Lord Chancellor, after consulting the Council, to make rules of procedure for statutory inquiries), after subsection (3) insert—E+W+S+N.I.

(3A)The Council, in exercising their functions under this section in relation to inquiries to be held in Wales, shall consult with the Welsh Committee.

Prospective

29In section 14(1) (restricted application of Act in relation to certain tribunals)—E+W+S+N.I.

(a)for “the working or a decision of, or procedural rules for,” substitute “ a decision of ”, and

(b)for “working, decisions or procedure” substitute “ decisions ”.

30In section 16(1) (interpretation)—E+W+S+N.I.

(a)for the definition of “Council” substitute—

Council” means the Administrative Justice and Tribunals Council,

(b)after the definition of “Council” insert—

enactment” includes an Act of the Scottish Parliament,

(c)for the definition of “Scottish Committee” substitute—

Scottish Committee” means the Scottish Committee of the Administrative Justice and Tribunals Council, and

(d)after the definition of “statutory provision” insert—

Welsh Committee” means the Welsh Committee of the Administrative Justice and Tribunals Council.

Annotations: Help about Annotation
Close

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.

Commencement Information

I13Sch. 8 para. 30 wholly in force at 1.6.2008; Sch. 8 para. 30 not in force at Royal Assent see s. 148; Sch. 8 para. 30(a)-(c) in force at 1.11.2007 and Sch. 8 para. 30(d) in force at 1.6.2008 by S.I. 2007/2709, art. 3(b)(i)

Judicial Pensions and Retirement Act 1993 (c. 8)E+W+S+N.I.

31(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.E+W+S+N.I.

(2)In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows.

(3)In paragraph (f), for the words from “(persons” to the end substitute “ (holders of relevant office); ”.

(4)After paragraph (g) insert—

(ga)hold office as a deputy judge of the Upper Tribunal if—

(i)section 94B of the Constitutional Reform Act 2005 applied to the appointment, and

(ii)his corresponding qualifying office was listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007;.

(5)In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for purposes of the pensions provisions), at the end of the part dealing with the members of tribunals insert— “Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

(6)In Schedule 5 (retirement provisions: the relevant offices), at the end insert— “ Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007Senior President of TribunalsDeputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Actj011sDeputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007Clauses.rtf_j012aChamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I14Sch. 8 para. 31 wholly in force at 3.11.2008; Sch. 8 para. 31 not in force at Royal Assent see s. 148; Sch. 8 para. 31(1)-(3) in force at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i); Sch. 8 para. 31(4)-(6) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Pension Schemes Act 1993 (c. 48)E+W+S+N.I.

32In section 185(8) of the Pension Schemes Act 1993 (consultation about regulations), for “Council on Tribunals” substitute “ Administrative Justice and Tribunals Council ”.E+W+S+N.I.

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)E+W+S+N.I.

33(1)Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows.E+W+S+N.I.

(2)For paragraph (b) substitute—

(b)any tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council), or.

(3)For “within the meaning of section 8 of the Tribunals and Inquiries Act 1992” substitute “ within the meaning given by paragraph 28 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I15Sch. 8 para. 33 wholly in force at 3.11.2008; Sch. 8 para. 33 not in force at Royal Assent see s. 148; Sch. 8 para. 33(1)(2) in force at 1.11.2007 by S.I. 2007/2709, art. 3(b)(i); Sch. 8 para. 33(3) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Prospective

Criminal Injuries Compensation Act 1995 (c. 53)E+W+S+N.I.

34In the Criminal Injuries Compensation Act 1995, after section 5 insert—E+W+S+N.I.

5AOaths to be taken by adjudicators

(1)A person appointed as an adjudicator under section 5 (“the adjudicator”) must take—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

(2)The adjudicator must take the oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the adjudicator.

(3)A person is eligible for the purposes of subsection (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)In relation to a person who is an adjudicator appointed before the coming into force of this section, the requirement in subsection (1) applies from the coming into force of this section.

Employment Tribunals Act 1996 (c. 17)E+W+S+N.I.

35The Employment Tribunals Act 1996 is amended as follows.E+W+S+N.I.

36Before section 4 insert—E+W+S+N.I.

3AMeaning of “Employment Judge”

A person who is a member of a panel of chairmen of employment tribunals which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.

37In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after “the person mentioned in subsection (1)(a) alone” insert “ or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal ”.E+W+S+N.I.

38In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “ and the Lord Chancellor, acting jointly, ”.E+W+S+N.I.

39In section 5(1) (pay), for paragraph (c) substitute—E+W+S+N.I.

(c)any person who is an Employment Judge on a full-time basis, and.

40After section 5 insert—E+W+S+N.I.

5ATraining etc.

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of chairmen).

5BMembers of employment tribunals: removal from office

(1)Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(2)Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)Any power by which a member of a panel may be removed from membership of the panel—

(a)may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b)may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(4)In subsection (3) “panel” means—

(a)a panel of chairmen of employment tribunals, or

(b)any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(6)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

5COaths

(1)Subsection (2) applies to a person (“the appointee”)—

(a)who is appointed—

(i)as President of the Employment Tribunals (England and Wales),

(ii)as President of the Employment Tribunals (Scotland), or

(iii)as a member of a panel (as defined in section 5B(4)), and

(b)who has not previously taken the required oaths after accepting another office.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(5)In this section “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

5DJudicial assistance

(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.

41(1)Section 7A (practice directions) is amended as follows.E+W+S+N.I.

(2)Before subsection (1) insert—

(A1)The Senior President of Tribunals may make directions about the procedure of employment tribunals.

(3)In subsection (1)—

(a)in paragraph (a), before “President” insert “ territorial ”, and

(b)in paragraphs (b) and (c), for “such directions” substitute “ directions under subsection (A1) or paragraph (a) ”.

(4)In subsection (2), for “by the President” substitute “ under subsection (A1) or (1)(a) ”.

(5)After subsection (2) insert—

(2A)The power under subsection (A1) includes—

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes (including different provision for different areas).

(2B)Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C)Directions under subsection (1)(a) may not be made without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(2D)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of an employment tribunal.

(2E)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.

(6)In subsection (3), after “references to the” insert “ territorial ”.

42After section 7A insert—E+W+S+N.I.

7BMediation

(1)Employment tribunal procedure regulations may include provision enabling practice directions to provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2)The provision that may be included in employment tribunal procedure regulations by virtue of subsection (1) includes provision for enabling practice directions to provide for a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3)Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4)Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5)Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult the Advisory, Conciliation and Arbitration Service.

(6)In this section—

  • member” means a member of a panel of members of employment tribunals (whether or not a panel of chairmen);

  • practice direction” means a direction under section 7A;

  • proceedings” means proceedings before an employment tribunal.

43In section 15(1) (enforcement in England and Wales as an order of a county court), for the words from “shall, if a county court so orders,” to the end substitute “ shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court. ”E+W+S+N.I.

44After section 24 insert—E+W+S+N.I.

24ATraining etc. of members of Appeal Tribunal

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges, and other members, of the Appeal Tribunal (in their capacities as members of the Appeal Tribunal).

24BOaths

(1)Subsection (2) applies to a person (“the appointee”)—

(a)who is appointed under section 22(1)(c) or 23(3), or

(b)who is appointed under section 24(1A) and—

(i)falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and

(ii)has not previously taken the required oaths after accepting another office.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(5)In this section “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

45In section 27(1)(a) (payment of appointed members of Employment Appeal Tribunal), after “members,” insert “ and ”.E+W+S+N.I.

46(1)Section 28 (composition of Employment Appeal Tribunal) is amended as follows.E+W+S+N.I.

(2)In subsection (4) (appeals from employment tribunal consisting of chairman alone), for the words from “question” to “section 4(1)(a) alone” substitute “ chairman-alone question ”.

(3)After subsection (4) insert—

(4A)In subsection (4) “chairman-alone question” means—

(a)a question arising from any decision of an employment tribunal that is a decision of—

(i)the person mentioned in section 4(1)(a) acting alone, or

(ii)any Employment Judge acting alone, or

(b)a question arising in any proceedings before an employment tribunal that are proceedings before—

(i)the person mentioned in section 4(1)(a) alone, or

(ii)any Employment Judge alone.

47After section 29 insert—E+W+S+N.I.

29APractice directions

(1)Directions about the procedure of the Appeal Tribunal may be given—

(a)by the Senior President of Tribunals, or

(b)by the President of the Appeal Tribunal.

(2)A power under subsection (1) includes—

(a)power to vary or revoke directions given in exercise of the power, and

(b)power to make different provision for different purposes.

(3)Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor.

(4)Directions under subsection (1)(b) may not be given without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(5)Subsection (1) does not prejudice any power apart from that subsection to give directions about the procedure of the Appeal Tribunal.

(6)Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(7)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of the Appeal Tribunal.

(8)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

(9)Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only.

(10)Subsection (6) does not apply to directions under section 28(1).

48In section 30(3) (Employment Appeal Tribunal to regulate its own procedure, subject to procedure rules), after the words “Appeal Tribunal procedure rules” insert “ and directions under section 28(1) or 29A(1) ”.E+W+S+N.I.

Town and Country Planning (Scotland) Act 1997 (c. 8)E+W+S+N.I.

49The Town and Country Planning (Scotland) Act 1997 is amended as follows.E+W+S+N.I.

50In paragraph 5 of Schedule 6 (local inquiries held by Planning Inquiry Commission), after sub-paragraph (4) insert—E+W+S+N.I.

(4A)An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

51In paragraph 8 of Schedule 7 (local inquiries held by Joint Planning Inquiry Commission), after sub-paragraph (4) insert—E+W+S+N.I.

(4A)A local inquiry held by a joint commission shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

Greater London Authority Act 1999 (c. 29)E+W+S+N.I.

52In section 338 of the Greater London Authority Act 1999 (spatial development strategy: examination in public), for subsection (10) substitute—E+W+S+N.I.

(10)An examination in public shall constitute a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council).

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

53In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public bodies and offices), insert in the appropriate places— “ The Administrative Justice and Tribunals Council. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

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.

Commencement Information

I16Sch. 8 para. 53 wholly in force at 1.6.2008; Sch. 8 para. 53 not in force at Royal Assent see s. 148(5); Sch. 8 para. 53 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Prospective

Nationality, Immigration and Asylum Act 2002 (c. 41)E+W+S+N.I.

54F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

Courts Act 2003 (c. 39)E+W+S+N.I.

55(1)Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (registrable orders etc.), after paragraph (e) insert—

(f)a decision or award of—

(i)the First-tier Tribunal,

(ii)the Upper Tribunal,

(iii)an employment tribunal, or

(iv)the Employment Appeal Tribunal,

in pursuance of which any sum is payable.

(3)In subsection (3) (regulations)—

(a)in each of paragraphs (a) and (b) (exemption), after “orders” insert “ , decisions, awards ”, and

(b)in paragraph (d) (power to provide for certain sums only to be registered), after “magistrates' court” insert “ or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f) ”.

Title Conditions (Scotland) Act 2003 (asp 9)E+W+S+N.I.

56The Title Conditions (Scotland) Act 2003 is amended as follows.E+W+S+N.I.

57In section 104(1) (rules as to when certain orders of Lands Tribunal take effect), for “Council on Tribunals” substitute “ Administrative Justice and Tribunals Council ”.E+W+S+N.I.

58In section 126 (rules as to fees chargeable by Lands Tribunal in relation to functions under Act), for “Council on Tribunals” substitute “ Administrative Justice and Tribunals Council ”.E+W+S+N.I.

Planning and Compulsory Purchase Act 2004 (c. 5)E+W+S+N.I.

59In section 8 of the Planning and Compulsory Purchase Act 2004 (regional spatial strategy: examination in public), for subsection (7) substitute—E+W+S+N.I.

(7)An examination in public—

(a)is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council), but

(b)is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992.

Gender Recognition Act 2004 (c. 7)E+W+S+N.I.

60In paragraph 6(5) of Schedule 1 to the Gender Recognition Act 2004 (directions about practice and procedure of Gender Recognition Panels), for “Council on Tribunals” substitute “ Administrative Justice and Tribunals Council ”.E+W+S+N.I.

Civil Contingencies Act 2004 (c. 36)E+W+S+N.I.

61In section 25 of the Civil Contingencies Act 2004 (consultation in connection with establishment of tribunal), in each of subsections (1), (2)(b), (3) and (6), for “Council on Tribunals” substitute “ Administrative Justice and Tribunals Council ”.E+W+S+N.I.

Constitutional Reform Act 2005 (c. 4)E+W+S+N.I.

62The Constitutional Reform Act 2005 is amended as follows.E+W+S+N.I.

63In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—E+W+S+N.I.

(da)Senior President of Tribunals;.

64In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—E+W+S+N.I.

(a)omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and

(b)omit the entry for paragraph 7(4) of Schedule 5 to that Act.

Annotations: Help about Annotation
Close

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.

Commencement Information

I17Sch. 8 para. 64 partly in force; Sch. 8 para. 64 not in force at Royal Assent see s. 148; Sch. 8 para. 64(b) in force at 3.11.2008 by S.I. 2007/2696, art. 5(c)

65(1)In Schedule 12 (the Judicial Appointments Commission), paragraph 2 (members) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2)(d) (one member must be holder of an office listed in Part 3 of Schedule 14), after “listed in Part 3 of Schedule 14” insert “ or of an office listed in sub-paragraph (2A) ”.

(3)After sub-paragraph (2) insert—

(2A)The offices referred to in sub-paragraph (2)(d) are—

(a)Senior President of Tribunals;

(b)judge of the Upper Tribunal appointed under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(c)transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act);

(d)deputy judge of the Upper Tribunal under section 31(2) of that Act;

(e)member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996.

Annotations: Help about Annotation
Close

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.

Commencement Information

I18Sch. 8 para. 65 wholly in force at 3.11.2008; Sch. 8 para. 65 not in force at Royal Assent see s. 148; Sch. 8 para. 65(1)(2) in force and Sch. 8 para. 65(3) in force for certain purposes at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i)(ii) and Sch. 8 para. 65(3) in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iv)

66(1)Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.E+W+S+N.I.

(2)In Part 1 (appointments by Her Majesty), at the end insert—

Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

(3)In Part 3 (appointments by Lord Chancellor to offices to which paragraph 2(2)(d) of Schedule 12 applies), at the end insert—

Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that ActSection 7(7) of the Tribunals, Courts and Enforcement Act 2007
Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007

Section 48(2)

SCHEDULE 9E+W+S+N.I.Tribunals: transitional provision

Part 1 E+W+S+N.I.General and miscellaneous

IntroductoryE+W+S+N.I.

1The following provisions of this Schedule are to be taken not to prejudice the generality of sections 31(9) and 145(1).E+W+S+N.I.

Membership of Tribunal Procedure CommitteeE+W+S+N.I.

2(1)The Lord Chancellor may by order make provision for a person—E+W+S+N.I.

(a)who is a scheduled tribunal, or

(b)who is a member of a scheduled tribunal,

to be treated for the purposes of sub-paragraph (1) of paragraph 22 of Schedule 5 as falling within paragraph (a), (b) or (c) of that sub-paragraph.

(2)In sub-paragraph (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

(3)The power under sub-paragraph (1) may not be exercised so as to provide for the Secretary of State to be treated as mentioned in that sub-paragraph.

Part 2 E+W+S+N.I.Judges and other members of First-Tier and Upper Tribunals: retirement dates

Interpretation of Part 2 of ScheduleE+W+S+N.I.

3(1)For the purposes of this Part of this Schedule—E+W+S+N.I.

(a)relevant judicial office” means—

(i)the office of transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2)),

(ii)an office to which a person is appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 (judge, or other member, of the First-tier Tribunal or of the Upper Tribunal),

(iii)the office of deputy judge of the Upper Tribunal (whether under section 31(2) or under paragraph 7 of Schedule 3),

(iv)the office of Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of the Upper Tribunal, or

(v)the office of Senior President of Tribunals;

(b)relevant day”, in relation to a person who holds a relevant judicial office, means the day when he was appointed to that office or, if he holds that office as the latest in an unbroken succession of different relevant judicial offices, the day when he was appointed to the first of the offices in that succession;

(c)an office is a “qualifying office” at any particular time (but see sub-paragraph (2)) if—

(i)the office is that of member of a tribunal which at that time is in a list in Schedule 6, or

(ii)the office itself is at that time in a list in Schedule 6,

and (in either case) the list has effect at that time for the purposes of section 30;

(d)the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

(2)Where—

(a)a person held two or more qualifying offices (“the actual offices”) immediately before the relevant day, and

(b)at that time the person held at least one of the actual offices on a salaried basis and held at least one of the actual offices on a non-salaried basis,

the person shall be treated for the purposes of paragraphs 6 and 7 as not having held immediately before the relevant day any of the actual offices that the person held on a non-salaried basis at that time.

(3)For the purposes of sub-paragraph (2)—

(a)a person holds an office on a salaried basis at any particular time if, at that time, the person's service in the office is remunerated by payment of a salary, and

(b)a person holds an office on a non-salaried basis at any particular time if, at that time, the person's service in the office—

(i)is remunerated by the payment of fees,

(ii)is remunerated by the payment of a supplement to the salary payable to him in respect of his service in another office, or

(iii)is unremunerated.

Retirement from First-tier and Upper Tribunals: application of paragraphs 5 to 8E+W+S+N.I.

4Paragraphs 5 to 8 apply where a person holds a relevant judicial office.E+W+S+N.I.

Retirement later than age 70 in certain cases where office previously held in another tribunalE+W+S+N.I.

5(1)Subject to paragraph 8(1) (persons who held certain judicial offices on 30th March 1995), sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7.E+W+S+N.I.

(2)In sub-paragraphs (3) and (4) and paragraph 8(1) and (2)—

(a)if the person has a personal retirement date under just one of paragraphs 6 and 7 or has the same personal retirement date under each of those paragraphs, “the special date” means that date;

(b)if the person has a personal retirement date under each of those paragraphs and those dates are different, “the special date” means the later of those dates.

(3)Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date.

(4)The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person's case.

Cases where retirement from existing office would be after age 70E+W+S+N.I.

6(1)Sub-paragraphs (2) and (3) apply where, immediately before the relevant day, the person—E+W+S+N.I.

(a)held a qualifying office, and

(b)was required to vacate the qualifying office on a day later than the day on which he attains the age of 70.

(2)The person's personal retirement date under this paragraph is the later day mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3).

(3)If—

(a)there are two or more qualifying offices each of which is one that, immediately before the relevant day, the person—

(i)held, and

(ii)was required to vacate on a day later than the day on which he attains the age of 70, and

(b)the later day mentioned in paragraph (a)(ii) is not the same for each of those offices,

the person's personal retirement date under this paragraph is the latest (or later) of those later days.

Cases where no requirement to retire from existing officeE+W+S+N.I.

7(1)Sub-paragraph (2) applies where—E+W+S+N.I.

(a)immediately before the relevant day, the person held, on an unlimited basis, a qualifying office or two or more qualifying offices, and

(b)the relevant day falls after the day on which the person attains the age of 69.

(2)The person's personal retirement date under this paragraph is the last day of the 12 months beginning with the day after the relevant day.

(3)For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Interaction between rules under paragraph 5, and rules under Schedule 7 to the 1993 Act, in cases where office held on 30th March 1995E+W+S+N.I.

8(1)If—E+W+S+N.I.

(a)sub-paragraph (2) of paragraph 2 of Schedule 7 to the 1993 Act (transitional provision where person held salaried relevant office on 30th March 1995) has effect in relation to retirement from the relevant judicial office in the person's case, and

(b)the date that, for the purposes of that paragraph, is the person's potential retirement date by reference to his pre-commencement office (“the retirement date preserved in 1995”) is the same as, or later than, the special date,

paragraph 5(3) and (4) do not apply.

(2)If the special date is later than the retirement date preserved in 1995, paragraph 2(2)(b) of Schedule 7 to the 1993 Act does not have effect in relation to the relevant judicial office in the person's case.

(3)Accordingly, in paragraph 1 of Schedule 7 to the 1993 Act, after sub-paragraph (5) insert—

(6)Paragraph 2(2) has effect subject to paragraph 8(2) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (certain cases where the post-commencement office is that of judge, or other member, of the First-tier Tribunal or the Upper Tribunal).

Eligibility for appointment after having attained age of 70E+W+S+N.I.

9(1)Sub-paragraph (3) applies in respect of a person on each day that—E+W+S+N.I.

(a)is, or is later than, the day on which the person attains the age of 70,

(b)is a day on which the person holds a qualifying office, and

(c)is earlier than the day on which the person is required to vacate the qualifying office.

(2)Sub-paragraph (3) also applies in respect of a person on each day that—

(a)is, or is later than, the day on which the person attains the age of 70, and

(b)is a day on which the person holds, on an unlimited basis, a qualifying office.

(3)Where this sub-paragraph applies in respect of a person on a day, the fact that the person has attained the age of 70 shall not (by itself) render him ineligible for appointment (or re-appointment) on that day to a relevant judicial office.

(4)For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Part 3 E+W+S+N.I.Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

Interpretation of Part 3 of ScheduleE+W+S+N.I.

10For the purposes of this Part of this Schedule—E+W+S+N.I.

(a)new office” means—

(i)the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(ii)the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(iii)the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(iv)the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal;

(b)a person holds an office “on a salaried basis” if and so long as, and to the extent that—

(i)the person's service in the office is remunerated by payment of a salary, and

(ii)the salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;

(c)a person shall be regarded as holding “qualifying judicial office” at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to the 1993 Act, and any reference to a “qualifying judicial office” is a reference to any office specified in that Schedule if it is held on a salaried basis;

(d)the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously heldE+W+S+N.I.

11(1)Sub-paragraphs (2) and (3) apply where—E+W+S+N.I.

(a)a person becomes, as a result of provision under section 31(2), the holder of a new office,

(b)before that, the person has never held qualifying judicial office, and

(c)the person, on becoming the holder of the new office, holds the new office on a salaried basis.

(2)Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person.

(3)The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him.

(4)Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3).

(5)Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).

Election under paragraph 11(3) for pension under Part 1 of the 1993 ActE+W+S+N.I.

12(1)In this paragraph “opt-in election” means an election under paragraph 11(3).E+W+S+N.I.

(2)An opt-in election may be made only in such circumstances, within such time and in such manner as the Lord Chancellor may by regulations prescribe.

(3)An opt-in election is irrevocable.

(4)Regulations under sub-paragraph (2) may permit the making of an opt-in election even though the person in respect of whom the opt-in election is made—

(a)has ceased (whether by virtue of dying or otherwise) to hold the office mentioned in paragraph 11(1)(a), or

(b)has ceased to hold that office on a salaried basis without having ceased to hold that office.

(5)Where regulations under sub-paragraph (2) permit the making of an opt-in election in respect of a person who has died, the right to make that election is exercisable by the person's personal representatives.

(6)The Lord Chancellor may by regulations provide for a person in respect of whom an opt-in election is made to be treated for such purposes as may be prescribed by the regulations as if the person had, at such times as may be prescribed by the regulations, been a person to whom Part 1 of the 1993 Act applies.

(7)An opt-in election may not be made in respect of a person at any time when an election made under section 13 of the 1993 Act (election to opt out of Part 1 of the 1993 Act) is in force in respect of the person.

Annotations: Help about Annotation
Close

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.

Commencement Information

I19Sch. 9 para. 12 wholly in force at 3.11.2008; Sch. 9 para. 12 not in force at Royal Assent see s. 148(5); Sch. 9 para. 12(2) in force at 19.9.2007 by S.I. 2007/2709, art. 2(d); Sch. 9 para. 12(1)-(3)-(7) in force at 3.11.2008 by S.I. 2008/2696, art. 5(d)

Continuation of existing public service pension arrangements in certain casesE+W+S+N.I.

13(1)Sub-paragraph (2) applies if—E+W+S+N.I.

(a)a person, as a result of provision under section 31(2), becomes the holder of a new office,

(b)either—

(i)the person held qualifying judicial office immediately before 31st March 1995, or

(ii)before becoming the holder of the new office, the person has never held qualifying judicial office,

(c)immediately before the person becomes the holder of the new office—

(i)the person holds an office within paragraph (a), (b) or (c) of section 31(2) (the “old office”), and

(ii)the person's service in the old office is subject to a public service pension scheme,

(d)the person, on becoming the holder of the new office, holds the new office on a salaried basis, and

(e)immediately after the person becomes the holder of the new office, the person—

(i)is not a person to whom Part 1 of the 1993 Act applies, and

(ii)is not a person to whom that Part would apply but for section 13 of that Act.

(2)The person's service in the new office, so far as it is service during the continuity period—

(a)shall be subject to that public service pension scheme, and

(b)shall be subject to that scheme in a way that corresponds to the way in which the person's service in the old office was subject to that scheme.

(3)In sub-paragraph (2) “the continuity period” means the period—

(a)that begins when the person becomes the holder of the new office on a salaried basis, and

(b)that ends with whichever of the following first happens after that—

(i)the person's ceasing to hold the new office,

(ii)the person's ceasing to hold the new office on a salaried basis without ceasing to hold the new office,

(iii)the person's becoming a person to whom Part 1 of the 1993 Act applies, and

(iv)the person's becoming a person to whom Part 1 of the 1993 Act would apply but for section 13 of that Act.

(4)For the purposes of sub-paragraph (1)(c)(ii), the person's service in the old office is not to be treated as subject to a public service pension scheme at a time when the scheme does not apply to him as a result of his having exercised a right to elect for the scheme not to apply to him.

(5)A public service pension scheme which, apart from sub-paragraph (2), would not be a judicial pension scheme for the purposes of the 1993 Act does not become a judicial pension scheme for those purposes if it is only as a result of sub-paragraph (2) that pensions and other benefits are payable under the scheme in respect of service in qualifying judicial office.

(6)In this paragraph “public service pension scheme” means any public service pension scheme, as defined in—

(a)section 1 of the Pension Schemes Act 1993 (c. 48), or

(b)section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).

Part 4 E+W+S+N.I.Amendments to the Judicial Pensions and Retirement Act 1993

14The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows.E+W+S+N.I.

15(1)Section 1 (application of Part 1: judicial pensions) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insert and

(e)to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;.

(3)In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “ and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal) ”.

(4)After subsection (4) insert—

(4A)The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if—

(a)the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”);

(b)the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and

(c)the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office.

(4B)The offices within this subsection are—

(a)the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(b)the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(c)the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(d)the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.

16In section 9(4) (contribution towards cost of surviving spouse's, surviving civil partner's and surviving children's pension), for “or (d) above,” substitute “ , (d) or (e) above or in the case of persons to whom this Part applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007, ”.E+W+S+N.I.

17(1)In section 12(1) (transfer of accrued benefits under judicial pension schemes in certain cases where person held qualifying judicial office before 31st March 1995)—E+W+S+N.I.

(a)for “or (d)” substitute “ , (d) or (e) ”,

(b)after “of section 1(1) above” insert “ or by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 ”, and

(c)omit paragraph (b) (which is superseded by the new section 12B inserted by this Part of this Schedule).

(2)In the sidenote to section 12, for the words after “Transfer of rights” substitute “ under judicial pension schemes ”.

18After section 12 insert—E+W+S+N.I.

12ATransfer of rights under other public service pension schemes

(1)Where this Part—

(a)begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or

(b)begins to apply to a person—

(i)by virtue of section 1(1)(e) above, or

(ii)by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,

any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part.

(2)Where a person's rights under a public service pension scheme are transferred under subsection (1) above—

(a)that scheme shall no longer have effect in relation to him, and

(b)no pension or lump sum under the scheme shall be paid to or in respect of him.

(3)Regulations may make provision—

(a)for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

(b)prescribing the manner in which those rights are to be given effect under this Part.

(4)Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed.

(5)For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below.

(6)A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than—

(a)the principal civil service pension scheme, or

(b)the principal civil service pension scheme for the civil service of Northern Ireland.

(7)A person's rights—

(a)under the principal civil service pension scheme, or

(b)under the principal civil service pension scheme for the civil service of Northern Ireland,

are not “relevant public service pension rights” if they are transferred under section 12 above.

(8)A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights.

(9)In this section—

  • prescribe” means prescribe in regulations;

  • public service pension scheme” means any public service pension scheme, as defined in—

    (a)

    section 1 of the Pension Schemes Act 1993, or

    (b)

    section 1 of the Pension Schemes (Northern Ireland) Act 1993;

  • qualifying tribunal service” means—

    (a)

    service as, or as a member of, a tribunal specified in a list in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 that has effect for the purposes of section 30 of that Act, or

    (b)

    service as an authorised decision-maker for a tribunal, within the meaning given by section 31(4) of that Act;

  • regulations” means regulations made by the Lord Chancellor with the concurrence of the Treasury.

12BRate of pension etc. where rights transferred under section 12 or 12A

Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to—

(a)any rights of his that are transferred under section 12 above,

(b)any rights of his that are transferred under section 12A above, and

(c)his service in qualifying judicial office on or after the day on which this Part first applies to him.

19In section 23 (which provides that Schedule 2 does not apply to transfers under section 12), after “section 12” insert “ or 12A ”.E+W+S+N.I.

Section 50

SCHEDULE 10E+W+S+N.I.Amendments relating to judicial appointments

Part 1 E+W+S+N.I.Amendments

1(1)Paragraph 2A of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53) (legally qualified member of Pensions Appeal Tribunals) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

2(1)Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows.E+W+S+N.I.

(2)For subsection (1)(b) (tribunal of appeal: Lord Chancellor's nominee) substitute—

(b)A person is eligible to be nominated by the Lord Chancellor under paragraph (a) or (h) of this subsection only if the person—

(i)is a solicitor of the Senior Courts of England and Wales,

(ii)is a barrister in England and Wales, or

(iii)has a qualification that is specified under subsection (4) of this section;.

(3)After subsection (3) insert—

(4)The Lord Chancellor may by order specify a qualification for the purposes of paragraph (b) of subsection (1) of this section.

(5)Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of and procedure for orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (4) of this section as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6)For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken first to become a barrister—

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7)For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (4) of this section, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.

(4)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 109(1)(b) substituted by sub-paragraph (2) is to be read as a reference to the Supreme Court.

3(1)Paragraph 2A(2) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) (legally qualified members of Pensions Appeal Tribunals) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In paragraphs (b) and (c), for “seven” substitute “ five ”.

4In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of agricultural land tribunal), for the words from “person” to the end substitute “ person who satisfies the judicial-appointment eligibility condition on a 5-year basis. ”E+W+S+N.I.

5F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

6(1)The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows.E+W+S+N.I.

(2)In section 31(1) (Judge Advocate General)—

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;, and

(b)in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

(3)In section 31(2) (Vice Judge Advocate General and assistants)—

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;, and

(b)in paragraphs (b) and (c), for “7” (in each place where it occurs) substitute “ 5 ”.

7In section 12(2) of the City of London (Courts) Act 1964 (c. iv) (Common Serjeant), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”E+W+S+N.I.

8(1)Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special Commissioners) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;.

(3)In paragraphs (b) and (c), for “10” substitute “ 7 ”.

9(1)The Courts Act 1971 (c. 23) is amended as follows.E+W+S+N.I.

(2)In section 16(3) (Circuit judges), for paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;.

(3)In section 21(2) (recorders), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

(4)In section 24(1)(b) (assistant recorders), for the words from “any person who has a 10 year” to the end substitute “ any person who satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

10(1)Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (i) substitute—

(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In sub-paragraphs (ii) and (iii), for “7” substitute “ 5 ”.

11F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

12(1)Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (i) substitute—

(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or.

(3)In sub-paragraph (ii), for “7” substitute “ 5 ”.

13(1)The Supreme Court Act 1981 (c. 54) is amended as follows.E+W+S+N.I.

(2)In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in paragraphs (b) and (c), for sub-paragraph (i) substitute—

(i)he satisfies the judicial-appointment eligibility condition on a 7-year basis; or.

(3)For Schedule 2 (eligibility for appointment to certain offices) substitute—

Sections 88 to 95

SCHEDULE 2E+W+S+N.I.List of offices in Senior Courts for purposes of Part 4

Part 1 E+W+S+N.I.
OfficePersons qualified
Official SolicitorA person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).
Part 2 E+W+S+N.I.
OfficePersons qualified
Master, Queen's Bench DivisionA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal AppealsA person who satisfies the judicial-appointment eligibility condition on a 7-year basis.
Admiralty RegistrarA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Master, Chancery DivisionA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Registrar in Bankruptcy of the High CourtA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Taxing Master of the Senior CourtsA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
District judge of the principal registry of the Family Division

1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

2. A district probate registrar who either—

(a)

is of at least 5 years' standing, or

(b)

has, during so much of the 5 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry.

3. A civil servant who has served at least 7 years in the principal registry or a district probate registry.

Part 3 E+W+S+N.I.
OfficePersons qualified
District probate registrar

1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

2. A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.

(4)Part 2 of the Schedule substituted by sub-paragraph (3) of this paragraph shall have effect until the coming into force of section 45(6) of the Mental Capacity Act 2005 (c. 9) as if it also contained the following entry—

Master of the Court of ProtectionA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

(5)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the references to the Senior Courts in the Schedule substituted by sub-paragraph (3) of this paragraph are to be read as references to the Supreme Court.

14In section 130(2) of the Representation of the People Act 1983 (c. 2) (election court), for paragraph (a) substitute—E+W+S+N.I.

(a)unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or.

15In section 9 of the County Courts Act 1984 (c. 28) (district judges and deputy district judges), for the words from “he has” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 5-year basis. ”E+W+S+N.I.

16(1)Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;.

(3)In paragraphs (b) and (c), for “10” substitute “ 7 ”.

17(1)Paragraph 2 of Schedule 4 to the Transport Act 1985 (c. 67) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2) (president of Transport Tribunal)—

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or, and

(b)in paragraph (b), for “10” substitute “ 7 ”.

(3)In sub-paragraph (2A) (chairmen)—

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or, and

(b)in paragraph (b), for “7” substitute “ 5 ”.

18(1)Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person appointed to receive representations) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

19(1)Paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (c. 45) (members of Insolvency Practitioners Tribunal) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (i) substitute—

(i)satisfy the judicial-appointment eligibility condition on a 5-year basis;.

(3)In sub-paragraph (ii), for “7” substitute “ 5 ”.

20(1)Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48) (chairman and deputy chairman of Copyright tribunal) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

21In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing Appeal Tribunals), for subsection (7) substitute—E+W+S+N.I.

(7)A person is eligible for appointment as Chairman of a Tribunal only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.

22(1)The Child Support Act 1991 (c. 48) is amended as follows.E+W+S+N.I.

(2)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “ 7 ”.

(4)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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)

23F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

24(1)Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows.E+W+S+N.I.

(2)In paragraph 2(2) (President of VAT and duties tribunals)—

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;, and

(b)in paragraphs (b) and (c), for “10” substitute “ 7 ”.

(3)In paragraph 7(4) (panel of chairmen)—

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or, and

(b)in paragraph (b) and in the words after that paragraph, for “7” substitute “ 5 ”.

25(1)Section 77(2) of the Trade Marks Act 1994 (c. 26) (persons appointed to decide appeals from registrar) is amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

26(1)Sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c. 21) (arbitrators) are amended as follows.E+W+S+N.I.

(2)For paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;.

(3)In paragraphs (b) and (c), for “10” substitute “ 7 ”.

27In paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16) (legally qualified member of Police Appeals Tribunals), for the words from “have a seven” to “1990” substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis ”.E+W+S+N.I.

28In section 334(1) of the Education Act 1996 (c. 56) (President and members of chairmen's panel of Special Educational Needs and Disability Tribunal), for the words from “has” to the end substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis. ”E+W+S+N.I.

29F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

30F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

31F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

32F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

33(1)Paragraph 1(1) of Schedule 3 to the Regulation of Investigatory Powers Act 2000 (c. 23) (members of tribunal) is amended as follows.E+W+S+N.I.

(2)For paragraph (b) substitute—

(b)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;.

(3)In paragraphs (c) and (d), for “ten” substitute “ seven ”.

34F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

35(1)The Land Registration Act 2002 (c. 9) is amended as follows.E+W+S+N.I.

(2)In section 107(2) (Adjudicator to Her Majesty's Land Registry), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 7-year basis. ”

(3)In paragraph 4(2) of Schedule 9 (delegation by adjudicator of non-administrative functions to staff), for the words from “has” to the end substitute “ satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

36(1)Paragraph 1 of Schedule 2 to the Enterprise Act 2002 (c. 40) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1) (President of Competition Appeal Tribunal)—

(a)for paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;, and

(b)in paragraphs (b) and (c), for “10” substitute “ 7 ”.

(3)In sub-paragraph (2) (chairmen)—

(a)for paragraph (a) substitute—

(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;, and

(b)in paragraphs (b) and (c), for “7” substitute “ 5 ”.

37F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

38(1)The Courts Act 2003 (c. 39) is amended as follows.E+W+S+N.I.

(2)In section 22(1) (District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis ”.

(3)In section 24(1) (Deputy District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis ”.

39In section 81(2)(a) of the Traffic Management Act 2004 (c. 18) (adjudicators), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis; ”.E+W+S+N.I.

40F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32
Annotations: Help about Annotation
Close

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)

41(1)Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the Supreme Court) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraph (b) and the word “or” immediately preceding it substitute—

(b)satisfied the judicial-appointment eligibility condition on a 15-year basis, or

(c)been a qualifying practitioner for a period of at least 15 years.

(3)In subsection (2), omit paragraph (a).

42In paragraph 1(2) of Schedule 3 to the Education Act 2005 (c. 18) (Chairman of tribunal hearing appeals under section 27 of that Act), for the words from “have a” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis. ”E+W+S+N.I.

43F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

44F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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)

Part 2 E+W+S+N.I.Amendments relating to enactments already repealed

45(1)This Part of this Schedule contains amendments of enactments that have already been repealed by provisions of other Acts.E+W+S+N.I.

(2)In each case—

(a)the repealing provision is specified in relation to the enactment being amended, and

(b)the amendment has effect only until the repealing provision is fully commenced in relation to the enactment amended.

46(1)In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in Ordinary)—E+W+S+N.I.

(a)for the words from “for not less than fifteen” to the end of paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 15-year basis;, and

(b)at the beginning of each of paragraphs (b) and (c) insert “ for not less than fifteen years, ”.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is paragraph 9 of Schedule 17 to the Constitutional Reform Act 2005 (c. 4).

47(1)In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge Advocate of Her Majesty's Fleet)—E+W+S+N.I.

(a)for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;, and

(b)in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

(2)In section 84B(2) of each of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) and the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (judge advocates), for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(3)In section 103B(5) of each of those Acts (qualified officers in field general courts-martial), for paragraph (a) substitute—

(a)a person who is a barrister or solicitor in England and Wales;.

(4)In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates), for paragraph (a) substitute—

(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;.

(5)In relation to the enactments referred to in sub-paragraphs (1) to (4), the repealing provision is Schedule 17 to the Armed Forces Act 2006 (c. 52).

48(1)In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) (chairman of Levy Appeal Tribunal)—E+W+S+N.I.

(a)for sub-paragraph (i) substitute—

(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or, and

(b)in sub-paragraph (ii), for “7” substitute “ 5 ”.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is section 356(3)(f) of the Gambling Act 2005 (c. 19).

49(1)In section 17(1)(a) of the Commons Registration Act 1965 (c. 64) (Commons Commissioners), for the words from “persons” to “1990,” substitute “ persons who satisfy the judicial-appointment eligibility condition on a 5-year basis ”.E+W+S+N.I.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 6 to the Commons Act 2006 (c. 26).

50(1)In section 73(4) of the Road Traffic Act 1991 (c. 40) (parking adjudicator), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis. ”E+W+S+N.I.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 12 to the Traffic Management Act 2004 (c. 18).

Section 56

SCHEDULE 11E+W+S+N.I.District judges and deputy district judges

Supreme Court Act 1981 (c. 54)E+W+S+N.I.

1The Supreme Court Act 1981 is amended as set out in paragraphs 2 and 3.E+W+S+N.I.

2In section 100 (district judges), after subsection (4) insert—E+W+S+N.I.

(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

3(1)Section 102 (deputy district judges) is amended as follows.E+W+S+N.I.

(2)For subsections (1) and (2) (appointment of deputy district judges to district registries) substitute—

(1)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district judge.

(1A)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1B)The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1C)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.

(3)In subsection (3) (former district judge may be appointed as deputy even though too old to be appointed as a district judge, but no appointment by virtue of the subsection may extend beyond age 75), for the words from the beginning to “by virtue of this subsection” substitute “ No appointment to which subsection (1B) applies ”.

(4)For subsection (4) (powers of deputy district judges) substitute—

(4A)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a deputy district judge appointed under this section to one or more district registries;

(b)may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).

(4B)A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.

(4C)Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5)After subsection (5) insert—

(5A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1B) or (4A).

4(1)This paragraph applies to a person holding office as a deputy district judge under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an appointment made before the commencement of paragraph 3 (“the commencement date”).E+W+S+N.I.

(2)If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 102(1B) of that Act had applied to his appointment (and had been complied with).

(3)The person is to be treated after the commencement date as assigned under section 102(4A) of that Act to the district registry for which he was appointed.

County Courts Act 1984 (c. 28)E+W+S+N.I.

5The County Courts Act 1984 is amended as set out in paragraphs 6 to 9.E+W+S+N.I.

6In section 6 (district judges), after subsection (6) insert—E+W+S+N.I.

(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

7(1)Section 8 (deputy district judges) is amended as follows.E+W+S+N.I.

(2)For subsection (1) (appointment and powers of deputy district judges) substitute—

(1)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge.

(1ZA)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1ZB)The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1ZC)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.

(3)In subsection (1A)(a) (duration of appointment as deputy district judge of person who previously held office as district judge), for “if he has previously held office as a district judge,” substitute “ if subsection (1ZB) applies to the appointment, ”.

(4)After subsection (1A) insert—

(1B)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a deputy district judge appointed under this section to one or more districts;

(b)may change an assignment so as to assign the deputy district judge to a different district or districts (or to no district).

(1C)A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district.

(1D)Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5)After subsection (3) insert—

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1ZB) or (1B).

8In section 9(qualifications for appointment as a district judge, or as a deputy district judge for a county court district)—E+W+S+N.I.

(a)omit “, or deputy district judge”, and

(b)in the heading, after “Qualifications” insert “ for appointment as district judge ”.

9In section 147(1) (interpretation of Act), in the definition of “officer” (which provides that “officer”, in relation to a county court, includes a district judge or deputy district judge of that court), for the words after “means” and before “and any clerk” substitute “ any district judge or deputy district judge assigned to that court ”.E+W+S+N.I.

10(1)This paragraph applies to a person holding office as a deputy district judge under section 8 of the County Courts Act 1984 (c. 28) by virtue of an appointment made before the commencement of paragraph 7 (“the commencement date”).E+W+S+N.I.

(2)If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 8(1ZB) of that Act had applied to his appointment (and had been complied with).

(3)If sub-paragraph (2) does not apply, the person is to be treated after the commencement date as appointed under section 8(1) of that Act.

(4)The person is to be treated after the commencement date as assigned under section 8(1B) of that Act to the county court district for which he was appointed.

Judicial Pensions and Retirement Act 1993 (c. 8)E+W+S+N.I.

11The Judicial Pensions and Retirement Act 1993 is amended as follows.E+W+S+N.I.

12In section 26(7) (certain offices for which retirement date is age 75), for paragraph (g) (certain deputy district judges) substitute—E+W+S+N.I.

(g)hold office as a deputy district judge if either section 102(1B) of that Act (former district judge appointed as deputy in the High Court) or section 8(1ZB) of the County Courts Act 1984 (former district judge appointed as deputy in the county courts) applied to the appointment;.

13(1)Schedule 5 (“the relevant offices” for the purposes of the retirement provisions) is amended as follows.E+W+S+N.I.

(2)In the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, for the words after “except in a case where” substitute “subsection (1B) of that section applied to the appointment of the person in question”.

(3)In the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, for the words after “except in a case where” substitute “subsection (1ZB) of that section applied to the appointment of the person in question”.

Courts Act 2003 (c. 39)E+W+S+N.I.

14In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in the entry for a deputy district judge for a county court district, for “for a county court district” substitute “ appointed under section 8 of the County Courts Act 1984 ”.E+W+S+N.I.

Constitutional Reform Act 2005 (c. 4)E+W+S+N.I.

15In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices to which appointments are made by the Lord Chancellor)—E+W+S+N.I.

(a)in the entry for a deputy district judge in a district registry of the High Court, omit “in a district registry of the High Court”, and

(b)in the entry for a deputy district judge for a county court district, omit “for a county court district”.

Prospective

Section 62(1)

SCHEDULE 12E+WTaking control of goods

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

Part 1 E+WIntroductory

The procedureE+W

1(1)Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it.E+W

(2)In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

(3)The following apply in relation to an enforcement power.

(4)Debt” means the sum recoverable.

(5)Debtor” means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them.

(6)Creditor” means the person for whom the debt is recoverable.

Enforcement agentsE+W

2(1)In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent.E+W

(2)Only an enforcement agent may take control of goods and sell them under an enforcement power.

(3)An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person.

(4)In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.

General interpretationE+W

3(1)In this Schedule—E+W

  • “amount outstanding” is defined in paragraph 50(3);

  • “control” (except in paragraph 5(4)(a)) means control under an enforcement power;

  • controlled goods” means goods taken control of that—

    (a)

    have not been sold or abandoned,

    (b)

    if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), and

    (c)

    if they are goods of another person, have not been returned to that person;

  • controlled goods agreement” has the meaning given by paragraph 13(4);

  • co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—

    (a)

    knows that the person has an interest in the particular goods, or

    (b)

    would know, if he made reasonable enquiries;

  • “the court”, unless otherwise stated, and subject to rules of court, means—

    (a)

    the High Court, in relation to an enforcement power under a writ of the High Court;

    (b)

    a county court, in relation to an enforcement power under a warrant issued by a county court;

    (c)

    in any other case, a magistrates' court;

  • “disposal” and related expressions, in relation to securities, are to be read in accordance with paragraph 48(2);

  • exempt goods” means goods that regulations exempt by description or circumstances or both;

  • goods” means property of any description, other than land;

  • interest” means a beneficial interest;

  • money” means money in sterling or another currency;

  • premises” means any place, and in particular includes—

    (a)

    a vehicle, vessel, aircraft or hovercraft;

    (b)

    a tent or movable structure;

  • securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.

(2)In this Schedule—

(a)references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but

(b)references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.

Part 2 E+WThe procedure

Binding property in the debtor's goodsE+W

4(1)For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph.E+W

(2)Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.

(3)Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.

(4)Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.

Effect of property in goods being boundE+W

5(1)An assignment or transfer of any interest of the debtor's in goods while the property in them is bound for the purposes of an enforcement power—E+W

(a)is subject to that power, and

(b)does not affect the operation of this Schedule in relation to the goods, except as provided by paragraph 61 (application to assignee or transferee).

(2)Sub-paragraph (1) does not prejudice the title to any of the debtor's goods that a person acquires—

(a)in good faith,

(b)for valuable consideration, and

(c)without notice.

(3)For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(4)In sub-paragraph (2)(c) “notice” means—

(a)where the property in the goods is bound by a writ or warrant, notice that the writ or warrant, or any other writ or warrant by virtue of which the goods of the debtor might be seized or otherwise taken control of, had been received by the person who was under a duty to endorse it and that goods remained bound under it;

(b)where the property in the goods is bound by notice under paragraph 7(1), notice that that notice had been given and that goods remained bound under it.

(5)In sub-paragraph (4)(a) “endorse” in relation to a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, means endorse under that section.

Time when property ceases to be boundE+W

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.E+W

(2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

(c)the power ceases to be exercisable for any other reason.

Notice of enforcementE+W

7(1)An enforcement agent may not take control of goods unless the debtor has been given notice.E+W

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given;

(e)who must give it.

(3)The enforcement agent must keep a record of the time when the notice is given.

(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5)The order may be subject to conditions.

Time limit for taking controlE+W

8(1)An enforcement agent may not take control of goods after the prescribed period.E+W

(2)The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date.

(3)Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.

Goods which may be takenE+W

9An enforcement agent may take control of goods only if they are—E+W

(a)on premises that he has power to enter under this Schedule, or

(b)on a highway.

10An enforcement agent may take control of goods only if they are goods of the debtor.E+W

11(1)Subject to paragraphs 9 and 10 and to any other enactment under which goods are protected, an enforcement agent—E+W

(a)may take control of goods anywhere in England and Wales;

(b)may take control of any goods that are not exempt.

(2)Regulations may authorise him to take control of exempt goods in prescribed circumstances, if he provides the debtor with replacements in accordance with the regulations.

Value of goods takenE+W

12(1)Unless sub-paragraph (2) applies, an enforcement agent may not take control of goods whose aggregate value is more than—E+W

(a)the amount outstanding, and

(b)an amount in respect of future costs, calculated in accordance with regulations.

(2)An enforcement agent may take control of goods of higher value on premises or on a highway, only to the extent necessary, if there are not enough goods of a lower value within a reasonable distance—

(a)on a highway, or

(b)on premises that he has power to enter under this Schedule, either under paragraph 14 or under an existing warrant.

(3)For the purposes of this paragraph goods are above a given value only if it is or ought to be clear to the enforcement agent that they are.

(4)Sub-paragraph (1) does not affect the power to keep control of goods if they rise in value once they have been taken.

Ways of taking controlE+W

13(1)To take control of goods an enforcement agent must do one of the following—E+W

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

(2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

(a)determining the time when control is taken;

(b)prohibiting use of any of those ways for goods by description or circumstances or both.

(4)A controlled goods agreement is an agreement under which the debtor—

(a)is permitted to retain custody of the goods,

(b)acknowledges that the enforcement agent is taking control of them, and

(c)agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.

Entry without warrantE+W

14(1)An enforcement agent may enter relevant premises to search for and take control of goods.E+W

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5)

[F35If he is acting under section 121A of the Social Security Administration Act 1992 (c. 5), premises are relevant if they are the place, or one of the places, where the debtor carries on a trade or business.]

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

Annotations: Help about Annotation
Close

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)

14(1)An enforcement agent may enter relevant premises to search for and take control of goods.E+W

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5)If he is acting under section 121A of the Social Security Administration Act 1992 (c. 5), premises are relevant if they are the place, or one of the places, where the debtor carries on a trade or business.

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

Entry under warrantE+W

15(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.E+W

(2)Before issuing the warrant the court must be satisfied that all these conditions are met—

(a)an enforcement power has become exercisable;

(b)there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c)it is reasonable in all the circumstances to issue the warrant.

(3)The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Re-entryE+W

16(1)This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent.E+W

(2)The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.

(3)This paragraph authorises repeated entry to the same premises.

General powers to use reasonable forceE+W

17Where paragraph 18 or 19 applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.E+W

18This paragraph applies if these conditions are met—E+W

(a)the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;

(b)he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

(c)he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.

19(1)This paragraph applies if these conditions are met—E+W

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)he reasonably believes that the debtor carries on a trade or business on the premises;

(c)he is acting under an enforcement power within sub-paragraph (2).

(2)The enforcement powers are those under any of the following—

(a)a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

[F36(b)section 127 of the Finance Act 2008.]

Annotations: Help about Annotation
Close

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)

F36Sch. 12 para. 19(2)(b) substituted (prosp.) for Sch. 12 para. 19(2)(b)-(e) by Finance Act 2008 (c. 9), s. 129(1)(4), Sch. 43 para. 10(3)

19(1)This paragraph applies if these conditions are met—E+W

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)he reasonably believes that the debtor carries on a trade or business on the premises;

(c)he is acting under an enforcement power within sub-paragraph (2).

(2)The enforcement powers are those under any of the following—

(a)a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

(b)section 61(1) of the Taxes Management Act 1970 (c. 9);

(c)section 121A(1) of the Social Security Administration Act 1992 (c. 5);

(d)section 51(A1) of the Finance Act 1997 (c. 16);

(e)paragraph 1A of Schedule 12 to the Finance Act 2003 (c. 14).

Application for power to use reasonable forceE+W

20(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.E+W

(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

21(1)This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15.E+W

(2)If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

22(1)The court may not issue a warrant under paragraph 20 or include provision under paragraph 21 unless it is satisfied that prescribed conditions are met.E+W

(2)A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.

Other provisions about powers of entryE+W

23Paragraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.E+W

24(1)The power to enter and any power to use force are subject to any restriction imposed by or under regulations.E+W

(2)A power to use force does not include power to use force against persons, except to the extent that regulations provide that it does.

25(1)The enforcement agent may enter and remain on the premises only within prescribed times of day.E+W

(2)Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.

(3)The authorisation—

(a)may be by order or in a warrant under paragraph 15;

(b)may be subject to conditions.

26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—E+W

(a)his identity, and

(b)his authority to enter the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.

27(1)The enforcement agent may take other people onto the premises.E+W

(2)They may assist him in exercising any power, including a power to use force.

(3)They must not remain on the premises without the enforcement agent.

(4)The enforcement agent may take any equipment onto the premises.

(5)He may leave equipment on the premises if he leaves controlled goods there.

28(1)After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing.