SCHEDULE 5Appointment to Upper Tribunal
PART 2Legal members
Application of Part
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1
This schedule Part applies in relation to appointment of the legal members of the Upper Tribunal other than—
a
a Vice-President of the Tribunal,
b
a legal member of the Tribunal by reason of being a Chamber President in the First-tier Tribunal.
2
The references in this schedule Part to a legal member of the Upper Tribunal are to be read accordingly.
Appointment and eligibility
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1
It is for the Scottish Ministers to appoint a person as a legal member of the Upper Tribunal.
2
A person is eligible for such appointment only if qualifying under paragraph 5(1) or (2).
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1
A person qualifies under this sub-paragraph if the person is practising, and has practised for a period of not less than 7 years, as a solicitor or advocate in Scotland.
2
A person qualifies under this sub-paragraph if the person falls within a description specified by the Scottish Ministers by regulations.
Eligibility under regulations
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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.
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1
The Scottish Ministers may by regulations make provision—
a
as regards the calculation of the 7-year period mentioned in paragraph 5(1) or 6(2)(b) or (3)(a) (for example, by reference to recent or continuous time),
b
to which paragraph 6(3)(a) is subject (for example, by reference to debarment from practice),
c
for the purpose of paragraph 6(4), about—
i
the criteria for suitability (for example, by reference to equivalence to past or present practice as a solicitor),
ii
the nature of experience required (for example, by reference to engagement for a particular period of time (within the United Kingdom or elsewhere)).
2
The Scottish Ministers may by regulations modify the list in paragraph 6(5).