SCHEDULE 6Positions in Upper Tribunal

PART 2Assignment internally

Assignment of and by the President of Tribunals

I13

1

The President of Tribunals has the function of assigning the members of the Upper Tribunal among the divisions (including re-assignment or ending assignment).

2

The President of Tribunals is to assign those members among the divisions in accordance with paragraphs 4 to 7.

Assignment of Vice-Presidents etc.

I24

1

A Vice-President of a division—

a

is to be assigned to that division,

b

may be assigned to act—

i

in the case of a judicial member assigned as a Vice-President, as a judicial member also in another division,

ii

in any other case, as a legal member also in another division.

2

Assignment under sub-paragraph (1)(b) is to act otherwise than as a Vice-President of the other division.

3

Assignment under sub-paragraph (1)(b) requires—

a

the concurrence of the Vice-President of the other division, and

b

the agreement of the member concerned.

I35

1

This paragraph applies in relation to a legal member by reason of being a Chamber President in the First-tier Tribunal.

2

Each member to whom this paragraph applies may be assigned to—

a

one or more of the divisions, and

b

different divisions at different times.

3

Any such member may be assigned to a particular division only with—

a

the concurrence of its Vice-President, and

b

the agreement of the member concerned.

4

The assignment of any such member to a particular division may be ended only with the concurrence of its Vice-President.

Assignment of other members

I46

1

This paragraph applies in relation to an ordinary member or legal member by virtue of—

a

appointment as such, or

b

transfer-in as such.

2

Each member to whom this paragraph applies—

a

is to be assigned to at least one of the divisions,

b

may be assigned to different divisions at different times.

3

Any such member may be assigned to a particular division only with—

a

the concurrence of its Vice-President, and

b

the agreement of the member concerned.

4

The assignment of any such member to a particular division may be ended only with the concurrence of its Vice-President.

5

This paragraph does not apply to a legal member to whom paragraph 4 or 5 relates.

Assignment of judicial members etc.

I57

1

A judicial member is to be assigned to at least one of the divisions.

2

An extra judge who is authorised to act as mentioned in section 18(4) is to be assigned to at least one of the divisions.

3

A judicial member or such an extra judge—

a

may be assigned to different divisions at different times,

b

may be assigned to a particular division only with—

i

the concurrence of its Vice-President, and

ii

the agreement of the assignee concerned.

4

The assignment of a judicial member to a particular division may be ended only with the concurrence of its Vice-President.

5

Concurrence under sub-paragraph (3)(b)(i) or (4) is not required in relation to the assignment of the Lord President or the President of Tribunals.

6

This paragraph does not apply to a judicial member to whom paragraph 4 relates.