SCHEDULES

SCHEDULE 3Judges and other members of the Upper Tribunal

Deputy judges of the Upper Tribunal

7

1

The F2Senior President of Tribunals may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate.

2

A person is eligible for appointment under sub-paragraph (1) only if he is eligible to be appointed under paragraph 1(1) (see paragraph 1(2)).

3

F3The following provisions of this paragraph apply—

a

to a person appointed under sub-paragraph (1), and

b

to a person who becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2).

F13A

The person may be removed from office—

a

only by the Lord Chancellor (and in accordance with paragraph 3), and

b

only on—

i

the ground of inability or misbehaviour, or

ii

a ground specified in the person's terms of appointment.

3B

If the period (or extended period) for which the person is appointed ends before—

a

the day on which the person attains the age of F475

F5b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (3C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

3C

Extension under sub-paragraph (3B)—

a

requires the person's agreement,

b

is to be for such period as the Lord Chancellor considers appropriate, and

c

may be refused on—

i

the ground of inability or misbehaviour, or

ii

a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

4

Subject to the previous provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person's terms of appointment, which are to be such as the Lord Chancellor may determine.

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.