SCHEDULE 5Appointment to Upper Tribunal

PART 2Legal members

Eligibility under regulations

6

(1)

Regulations under paragraph 5(2) may specify a description of a person by reference to the matters mentioned in sub-paragraph (2), (3) or (4).

(2)

That is—

(a)

current practice as a solicitor or barrister in England and Wales or Northern Ireland, and

(b)

engagement in practice as such for a period of not less than 7 years.

(3)

That is—

(a)

previous engagement in practice for a period of not less than 7 years, as—

(i)

a solicitor or advocate in Scotland, or

(ii)

a solicitor or barrister in England and Wales or Northern Ireland, and

(b)

subsequent engagement in any of the activities listed in sub-paragraph (5).

(4)

That is, suitability attributable to experience in law through current or previous engagement in—

(a)

any of the activities listed in sub-paragraph (5),

(b)

an activity that is of a broadly similar nature to any of the activities listed in that sub-paragraph.

(5)

The activities are—

(a)

exercising judicial functions in any court or tribunal,

(b)

practice or employment as a lawyer of any kind,

(c)

whether or not in the course of practice or employment as a lawyer—

(i)

advising on the application of the law,

(ii)

drafting documents intended to affect rights or obligations under the law,

(iii)

assisting persons involved in a legal or other process for the resolution of disputes as to the law,

(iv)

acting as a mediator or arbitrator for the purpose of resolving disputes that are (or could be) the matter of legal proceedings,

(d)

teaching or researching law at or for an educational institution.