SCHEDULES

SCHEDULE 3Judges and other members of the Upper Tribunal

Power to appoint judges of Upper Tribunal

1

1

Her Majesty, on the recommendation of the Lord Chancellor, may appoint a person to be one of the judges of the Upper Tribunal.

2

A person is eligible for appointment under sub-paragraph (1) only if the person—

a

satisfies the judicial-appointment eligibility condition on a 7-year basis,

b

is an advocate or solicitor in Scotland of at least seven years' standing,

c

is a barrister or solicitor in Northern Ireland of at least seven years' standing, or

d

in the Lord Chancellor's opinion, has gained experience in law which makes the person as suitable for appointment as if the person satisfied any of paragraphs (a) to (c).

3

Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the Lord Chancellor instead of to the relevant decision-maker.