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.