SCHEDULES

SCHEDULE 2Judges and other members of the First-tier Tribunal

Certain judges neither appointed under paragraph 1(1) nor transferred in

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—

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

is not a judge of the First-tier Tribunal by virtue of section 4(1)(d) or by virtue of the combination of sections 4(1)(c) and 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal), 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,

b

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

c

to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(d) or by virtue of the combination of sections 4(1)(c) and 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal).

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.