Tribunals, Courts and Enforcement Act 2007

SCHEDULES

Section 2

SCHEDULE 1 U.K. Senior President of Tribunals

Part 1 U.K. Recommendations for appointment

Duty to fill vacancies U.K.

1 (1) If there is a vacancy in the office of Senior President of Tribunals, the Lord Chancellor must recommend a person for appointment to that office. U.K.

(2) Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice of England and Wales agrees that it may remain unfilled.

The two routes to a recommendation: agreement under this paragraph or selection under Part 2 U.K.

2 (1) Before the Lord Chancellor may recommend a person for appointment to the office of Senior President of Tribunals, the Lord Chancellor must consult— U.K.

(a) the Lord Chief Justice of England and Wales,

(b) the Lord President of the Court of Session, and

(c) the Lord Chief Justice of Northern Ireland.

(2) Sub-paragraphs (3) and (4) apply if—

(a) the outcome of consultation under sub-paragraph (1) is agreement between—

(i) the Lord Chancellor,

(ii) the Lord Chief Justice of England and Wales,

(iii) the Lord President of the Court of Session, and

(iv) the Lord Chief Justice of Northern Ireland,

as to the person to be recommended, and

(b) the person is—

(i) an ordinary judge of the Court of Appeal in England and Wales,

(ii) a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court, or

(iii) a Lord Justice of Appeal in Northern Ireland.

(3) The Lord Chancellor must recommend the person for appointment to the office of Senior President of Tribunals, subject to sub-paragraph (4).

(4) Where the person—

(a) declines to be recommended, or does not agree within a time specified to him for that purpose, or

(b) is otherwise not available within a reasonable time to be recommended,

the Lord Chancellor must, instead of recommending the person for appointment, consult afresh under sub-paragraph (1).

(5) If the Lord Chancellor has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, the Lord Chancellor must make a request to the Judicial Appointments Commission for a person to be selected for recommendation for appointment to the office of Senior President of Tribunals.

Part 2 U.K. Selection by the Judicial Appointments Commission

Eligibility for selection U.K.

3 U.K. A person is eligible for selection in pursuance of a request under paragraph 2(5) only if—

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

(b) he is an advocate or solicitor in Scotland of at least seven years' standing, or

(c) he is a barrister or solicitor in Northern Ireland of at least seven years' standing.

The selection process U.K.

4 U.K. In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (appointments), after section 75 insert—

“Senior President of Tribunals U.K.

75A Sections 75B to 75G apply where request made for selection

(1) Sections 75B to 75G apply where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).

(2) Those sections are subject to section 95 (withdrawal and modification of requests).

75B Selection process

(1) On receiving a request the Commission must appoint a selection panel.

(2) The panel must —

(a) determine the selection process to be applied,

(b) apply the selection process, and

(c) make a selection accordingly.

(3) As part of the selection process the panel must consult—

(a) the Lord Chief Justice, if not a member of the panel,

(b) the Lord President of the Court of Session, if not a member of the panel, and

(c) the Lord Chief Justice of Northern Ireland, if not a member of the panel.

(4) One person only must be selected for the recommendation to which a request relates.

(5) Subsection (4) applies to selection under this section and to selection under section 75G.

(6) A selection panel is a committee of the Commission.

75C Selection panel

(1) The selection panel must consist of four members.

(2) The first member is the Lord Chief Justice, or his nominee.

(3) The second member is a person designated by the Lord Chief Justice.

(4) Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.

(5) The fourth member is a lay member of the Commission designated by the third member.

(6) Subsection (7) applies if—

(a) there is no chairman of the Commission, or

(b) the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

(7) In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

(8) A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.

(9) The person designated under subsection (3) must be—

(a) a person who holds, or has held, the office of Senior President of Tribunals,

(b) a person who holds, or has held, office as a Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, or

(c) a person who holds, or has held, an office that, in the opinion of the Lord Chief Justice, is such that a holder of it would acquire knowledge or experience of tribunals broadly similar to that which would be acquired by—

(i) a person who holds the office of Senior President of Tribunals, or

(ii) a person who holds office as a Chamber President of a chamber of the First-tier Tribunal, or

(iii) a person who holds office as a Chamber President of a chamber of the Upper Tribunal.

(10) Before designating a person under subsection (3), the Lord Chief Justice must consult—

(a) the Lord President of the Court of Session, and

(b) the Lord Chief Justice of Northern Ireland.

(11) A person may not be appointed to the panel if he is willing to be considered for selection.

(12) A person may not be appointed to the panel as the nominee of more than one person.

(13) A person appointed to the panel otherwise than as a nominee may not be a nominee.

(14) The first member is the chairman of the panel.

(15) On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

75D Report

(1) After complying with section 75B(2) the selection panel must submit a report to the Lord Chancellor.

(2) The report must—

(a) state who has been selected;

(b) contain any other information required by the Lord Chancellor.

(3) The report must be in a form approved by the Lord Chancellor.

(4) After submitting the report the panel must provide any further information the Lord Chancellor may require.

75E The Lord Chancellor's options

(1) This section refers to the following stages—

Stage 1:	where a person has been selected under section 75B
Stage 2:	where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:	where a person has been selected following a rejection or reconsideration at stage 2

(2) At stage 1 the Lord Chancellor must do one of the following—

(a) accept the selection;

(b) reject the selection;

(c) require the selection panel to reconsider the selection.

(3) At stage 2 the Lord Chancellor must do one of the following—

(a) accept the selection;

(b) reject the selection, but only if it was made following a reconsideration at stage 1;

(c) require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.

(4) At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

(5) If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.

75F Exercise of powers to reject or require reconsideration

(1) The power of the Lord Chancellor under section 75E to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion, the person selected is not suitable for the office of Senior President of Tribunals.

(2) The power of the Lord Chancellor under section 75E to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion—

(a) there is not enough evidence that the person is suitable for the office of Senior President of Tribunals, or

(b) there is evidence that the person is not the best candidate on merit.

(3) The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.

75G Selection following rejection or requirement to reconsider

(1) If under section 75F the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.

(2) If the Lord Chancellor rejects a selection, the selection panel—

(a) may not select the person rejected, and

(b) where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.

(3) If the Lord Chancellor requires a selection to be reconsidered, the selection panel—

(a) may select the same person or a different person, but

(b) where the requirement is following a rejection, may not select the person rejected.

(4) The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.

(5) Subsections (2) and (3) do not prevent a person being selected on a subsequent request under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.”

Withdrawal and modification of requests under paragraph 2(5) U.K.

5 (1) Section 95 of the Constitutional Reform Act 2005 (c. 4) (withdrawal and modification of requests) is amended as follows. U.K.

(2) In subsection (1) (application of section), after “87” insert “ or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 ”.

(3) In subsection (4) (limitation on withdrawal of request under subsection (2)(c)), after “73(2),” insert “ 75E(2), ”.

Part 3 U.K. Terms of office

Tenure, removal, resignation etc. U.K.

6 (1) If— U.K.

(a) a person appointed to the office of Senior President of Tribunals is appointed on terms that provide for him to retire from the office at a particular time specified in those terms (“the end of the fixed-term”), and

(b) the end of the fixed-term is earlier than the time at which the person is required by the 1993 Act to retire from the office,

the person shall, if still holding the office at the end of the fixed-term, vacate the office at the end of the fixed-term.

(2) Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of Senior President of Tribunals shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.

(3) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2).

(4) In this paragraph “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

7 (1) Sub-paragraph (2) applies to a person appointed to the office of Senior President of Tribunals on a recommendation made under paragraph 2(3). U.K.

(2) The person ceases to be Senior President of Tribunals if he ceases to fall within paragraph 2(2)(b).

8 U.K. A person who holds the office of Senior President of Tribunals may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.

9 (1) The Lord Chancellor, if satisfied by means of a medical certificate that a person holding the office of Senior President of Tribunals— U.K.

(a) is disabled by permanent infirmity from the performance of the duties of the office, and

(b) is for the time being incapacitated from resigning the office,

may, subject to sub-paragraph (2), by instrument under his hand declare the person to have vacated the office; and the instrument shall have the like effect for all purposes as if the person had on the date of the instrument resigned the office.

(2) A declaration under sub-paragraph (1) with respect to a person shall be of no effect unless it is made with the concurrence of—

(a) the Lord Chief Justice of England and Wales,

(b) the Lord President of the Court of Session, and

(c) the Lord Chief Justice of Northern Ireland.

Remuneration, allowances and expenses U.K.

10 U.K. The Lord Chancellor may pay to the Senior President of Tribunals such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Oaths U.K.

11 (1) A person appointed to the office of Senior President of Tribunals must take the required oaths in the presence of— U.K.

(a) the Lord Chief Justice of England and Wales, or

(b) another holder of high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4)) who is nominated by the Lord Chief Justice of England and Wales for the purpose of taking the oaths from the person.

(2) Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office.

(3) In this paragraph “the required oaths” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

Part 4 U.K. Certain functions of the Senior President

Meaning of “tribunal member” U.K.

12 (1) For the purposes of this Part of this Schedule, each of the following is a “tribunal member”— U.K.

(a) a judge, or other member, of the First-tier Tribunal or Upper Tribunal,

(b) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a member of a panel of members of employment tribunals (whether or not a panel of [F2 Employment Judges]),

(d) a judge, or other member, of the Employment Appeal Tribunal, and

(e) a person who is, or is a member of, a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

(2) In this Part of this Schedule “tribunals” means—

(a) the First-tier Tribunal,

(b) the Upper Tribunal,

(c) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) employment tribunals,

(e) the Employment Appeal Tribunal, and

(f) any tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

Textual Amendments

F1 Sch. 1 para. 12(1)(b) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 44 (with Sch. 4)

F2 Words in Sch. 1 para. 12(1)(c) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

F3 Sch. 1 para. 12(2)(c) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 44 (with Sch. 4)

Representations to Parliament U.K.

13 U.K. The Senior President of Tribunals may lay before Parliament written representations on matters that appear to him to be matters of importance relating—

(a) to tribunal members, or

(b) otherwise to the administration of justice by tribunals.

Representation of views of tribunal members U.K.

14 U.K. The Senior President of Tribunals is responsible for representing the views of tribunal members to Parliament, to the Lord Chancellor and to Ministers of the Crown generally.

Section 4

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

Power to appoint judges of First-tier Tribunal U.K.

1 (1) The [F4 Senior President of Tribunals] may appoint a person to be one of the judges of the First-tier Tribunal. U.K.

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

(a) satisfies the judicial-appointment eligibility condition on a 5-year basis,

(b) is an advocate or solicitor in Scotland of at least five years' standing,

(c) is a barrister or solicitor in Northern Ireland of at least five years' standing, or

(d) in the [F5 opinion of the Senior President of Tribunals], 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 [F6 Senior President of Tribunals] instead of to the relevant decision-maker.

Textual Amendments

F4 Words in Sch. 2 para. 1(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F5 Words in Sch. 2 para. 1(2)(d) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F6 Words in Sch. 2 para. 1(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Power to appoint other members of First-tier Tribunal U.K.

2 (1) The [F7 Senior President of Tribunals] may appoint a person to be one of the members of the First-tier Tribunal who are not judges of the tribunal. U.K.

(2) A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.

Textual Amendments

F7 Words in Sch. 2 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Appointed and transferred-in judges and other members: removal from office U.K.

3 (1) This paragraph applies to any power by which— U.K.

(a) a person appointed under paragraph 1(1) or 2(1),

(b) a transferred-in judge of the First-tier Tribunal, or

(c) a transferred-in other member of the First-tier Tribunal,

may be removed from office.

(2) If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session.

(3) If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland.

(4) If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

Terms of appointment U.K.

4 (1) This paragraph applies— U.K.

(a) to a person appointed under paragraph 1(1) or 2(1),

(b) to a transferred-in judge of the First-tier Tribunal, and

(c) to a transferred-in other member of the First-tier Tribunal.

(2) If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

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

(b) only on the ground of inability or misbehaviour.

[F8 (2A) If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, 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.

(2B) 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 [F9 75]

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C) Extension under sub-paragraph (2B)—

(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.]

(3) Subject to [F11 the preceding provisions of this paragraph (but subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office in accordance with the terms of his appointment[F12 , which are to be such as the Lord Chancellor may determine].

Textual Amendments

F8 Sch. 2 para. 4(2A)-(2C) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F9 Word in Sch. 2 para. 4(2B)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(2)(a) (with Sch. 1 para. 43)

F10 Sch. 2 para. 4(2B)(b) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(2)(b) (with Sch. 1 para. 43)

F11 Words in Sch. 2 para. 4(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(6)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F12 Words in Sch. 2 para. 4(3) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(6)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Remuneration, allowances and expenses U.K.

5 (1) Sub-paragraph (2) applies— U.K.

(a) to a person appointed under paragraph 1(1) or 2(1),

(b) to a transferred-in judge of the First-tier Tribunal, and

(c) to a transferred-in other member of the First-tier Tribunal.

(2) 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.

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

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— U.K.

(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) F13 . . . 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, F14 ...

(v) a District Judge (Magistrates' Courts)[F15 ,

(vi) the Master of the Rolls,

(vii) the President of the Queen's Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;]

(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.

[F16 (3A) A request made under sub-paragraph (2) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be made only with the concurrence of the Lord Chief Justice of England and Wales.]

(4) Sub-paragraph (5) applies—

(a) to a judge by request of the First-tier Tribunal,[F17 and]

(b) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal), F18 . . .

(c) F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F13 Words in Sch. 2 para. 6(1)(f) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(a)(i) (with Sch. 4)

F14 Word in Sch. 2 para. 6(3)(a)(iv) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(1); S.I. 2013/2200, art. 3(g)

F15 Sch. 2 para. 6(3)(a)(vi)-(xi) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(1); S.I. 2013/2200, art. 3(g)

F16 Sch. 2 para. 6(3A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(2); S.I. 2013/2200, art. 3(g)

F17 Word in Sch. 2 para. 4(a) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(a)(ii)(aa) (with Sch. 4)

F18 Sch. 2 para. 4(c) and word omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(a)(ii)(bb) (with Sch. 4)

Other members neither appointed under paragraph 2(1) nor transferred in U.K.

7 (1) In this paragraph “ex officio member of the First-tier Tribunal” means a person who is a member of the First-tier Tribunal by virtue of— U.K.

(a) section 4(3)(d) (members of employment tribunals who are not [F19 Employment Judges]),[F20 or]

(b) the combination of sections 4(3)(c) and 5(2)(c) (members of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996),F21 . . .

(c) F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Lord Chancellor may pay to an ex officio member of the First-tier Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Textual Amendments

F19 Words in Sch. 2 para. 7(1)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

F20 Word in Sch. 2 para. 7(1)(a) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(b)(i) (with Sch. 4)

F21 Sch. 2 para. 7(1)(c) and word omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(b)(ii) (with Sch. 4)

Training etc. U.K.

8 U.K. The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the First-tier Tribunal (in their capacities as such judges and other members).

Oaths U.K.

9 (1) Sub-paragraph (2) applies to a person (“J”)— U.K.

(a) who is appointed under paragraph 1(1) or 2(1), or

(b) who becomes a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal and has not previously taken the required oaths after accepting another office.

(2) J must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

(3) A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(4) In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(5) Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the First-tier Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

(a) the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

Section 5

SCHEDULE 3 U.K. Judges and other members of the Upper Tribunal

Power to appoint judges of Upper Tribunal U.K.

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. U.K.

(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 [F22 opinion of the Senior President of Tribunals], 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 [F23 Senior President of Tribunals] instead of to the relevant decision-maker.

Textual Amendments

F22 Words in Sch. 3 para. 1(2)(d) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 30(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F23 Words in Sch. 3 para. 1(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 30(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Power to appoint other members of Upper Tribunal U.K.

2 (1) The [F24 Senior President of Tribunals] may appoint a person to be one of the members of the Upper Tribunal who are not judges of the tribunal. U.K.

(2) A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.

Textual Amendments

F24 Words in Sch. 3 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Appointed and transferred-in judges and other members: removal from office U.K.

3 (1) This paragraph applies to any power by which— U.K.

(a) a person appointed under paragraph 1(1) or 2(1),

(b) a transferred-in judge of the Upper Tribunal,

[F25 (ba) a person who is a deputy judge of the Upper Tribunal (whether by appointment under paragraph 7(1) or as a result of provision under section 31(2)),]or

(c) a transferred-in other member of the Upper Tribunal,

may be removed from office.

(2) If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session.

(3) If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland.

(4) If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

Textual Amendments

F25 Sch. 3 para. 3(1)(ba) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Terms of appointment U.K.

4 (1) This paragraph applies— U.K.

(a) to a person appointed under paragraph 1(1) or 2(1),

(b) to a transferred-in judge of the Upper Tribunal, and

(c) to a transferred-in other member of the Upper Tribunal.

(2) If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

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

(b) only on the ground of inability or misbehaviour.

[F26 (2A) If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, 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.

(2B) 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 [F27 75]

F28 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C) Extension under sub-paragraph (2B)—

(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.]

(3) Subject to [F29 the preceding provisions of this paragraph (but subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office as a judge, or other member, of the Upper Tribunal in accordance with the terms of his appointment[F30 , which are to be such as the Lord Chancellor may determine].

Textual Amendments

F26 Sch. 3 para. 4(2A)-(2C) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F27 Word in Sch. 3 para. 4(2B)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(3)(a) (with Sch. 1 para. 43)

F28 Sch. 3 para. 4(2B)(b) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(3)(b) (with Sch. 1 para. 43)

F29 Words in Sch. 3 para. 4(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(5)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F30 Words in Sch. 3 para. 4(3) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(5)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Remuneration, allowances and expenses U.K.

5 (1) Sub-paragraph (2) applies— U.K.

(a) to a person appointed under paragraph 1(1) or 2(1),

(b) to a transferred-in judge of the Upper Tribunal, and

(c) to a transferred-in other member of the Upper Tribunal.

(2) 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.

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

6 (1) In this paragraph “judge by request of the Upper Tribunal” means a person who is a judge of the Upper Tribunal but— U.K.

(a) is not the Senior President of Tribunals,

(b) is not a judge of the Upper Tribunal appointed under paragraph 1(1),

(c) is not a transferred-in judge of the Upper Tribunal,

(d) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) is not a deputy judge of the Upper Tribunal, and

(f) is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the Upper Tribunal.

(2) A judge by request of the Upper Tribunal may act as a judge of the Upper 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 Upper Tribunal by virtue of section 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, F32 ...

(v) a District Judge (Magistrates' Courts)[F33 ,

(vi) the Master of the Rolls,

(vii) the President of the Queen's Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;]

(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) The Lord Chancellor may pay to a judge by request of the Upper Tribunal, or a person who is a judge of the Upper Tribunal by virtue of section 5(1)(d), such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Textual Amendments

F31 Sch. 3 para. 6(1)(d) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 46(a) (with Sch. 4)

F32 Word in Sch. 3 para. 6(3)(a)(iv) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(1); S.I. 2013/2200, art. 3(g)

F33 Sch. 3 para. 6(3)(a)(vi)-(xi) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(1); S.I. 2013/2200, art. 3(g)

Deputy judges of the Upper Tribunal U.K.

7 (1) The [F34 Senior 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. U.K.

(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) [F35 The 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).

[F36 (3A) 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 [F37 75]

F38 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Textual Amendments

F34 Words in Sch. 3 para. 7(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F35 Words in Sch. 3 para. 7(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(7); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F36 Sch. 3 para. 7(3A)-(3C) substituted for Sch. 3 (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(8); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F37 Word in Sch. 3 para. 7(3B)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(4)(a) (with Sch. 1 para. 43)

F38 Sch. 3 para. 7(3B)(b) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(4)(b) (with Sch. 1 para. 43)

Other members neither appointed under paragraph 2(1) nor transferred in U.K.

8 (1) In this paragraph “ex officio member of the Upper Tribunal” means— U.K.

(a) a person who is a member of the Upper Tribunal by virtue of section 5(2)(c) (member of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17)),F39 . . .

(b) F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Lord Chancellor may pay to an ex officio member of the Upper Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Textual Amendments

F39 Sch. 3 para. 8(1)(b) and word omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 46(b) (with Sch. 4)

Training etc. U.K.

9 U.K. The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the Upper Tribunal (in their capacities as such judges and other members).

Oaths U.K.

10 (1) Sub-paragraph (2) applies to a person (“J”)— U.K.

(a) who is appointed under paragraph 1(1), 2(1) or 7(1), or

(b) who—

(i) becomes a transferred-in judge, or a transferred-in other member, of the Upper Tribunal, or

(ii) becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2),

and has not previously taken the required oaths after accepting another office.

(2) J must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

(3) A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(4) In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(5) Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the Upper Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

(a) the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

Section 7

SCHEDULE 4 U.K. Chambers and Chamber Presidents: further provision

Part 1 U.K. Chamber Presidents: appointment, delegation, deputies and further provision

Eligibility for appointment as Chamber President [F40 under section 7(7)] U.K.

Textual Amendments

F40 Words in Sch. 4 para. 1 cross-heading substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

1 U.K. A person is eligible for appointment under section 7(7) only if—

(a) he is a judge of the Upper Tribunal, or

(b) he does not fall within paragraph (a) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

Appointment as Chamber President [F41 under section 7(7)]: consultation and nomination U.K.

Textual Amendments

F41 Words in Sch. 4 para. 2 cross-heading substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

2 (1) The [F42 Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals] appoints under section 7(7) a person within— U.K.

• section 6(1)(a) (ordinary judge of Court of Appeal in England and Wales),

• section 6(1)(b) (Lord Justice of Appeal in Northern Ireland),

• section 6(1)(c) (judge of the Court of Session), or

• section 6(1)(d) (puisne judge of the High Court in England and Wales or Northern Ireland).

(2) If the [F43 Senior President of Tribunals], in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the [F43 Senior President of Tribunals] must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(3) If the [F43 Senior President of Tribunals], in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the [F43 Senior President of Tribunals] must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(4) If the [F43 Senior President of Tribunals], in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the [F43 Senior President of Tribunals] must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

[F44 (4A) The Senior President of Tribunals may make a request under sub-paragraph (2), (3) or (4) only with the Lord Chancellor's concurrence.]

(5) If a judge is nominated under sub-paragraph (2), (3) or (4) in response to a request under that sub-paragraph, the [F45 Senior President of Tribunals] must appoint the nominated judge as Chamber President of the chamber concerned.

Textual Amendments

F42 Words in Sch. 4 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F43 Words in Sch. 4 para. 2(2)-(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F44 Sch. 4 para. 2(4A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F45 Words in Sch. 4 para. 2(5) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Chamber Presidents: duration of appointment, remuneration etc. U.K.

3 (1) A Chamber President is to hold and vacate office as a Chamber President in accordance with the terms of his appointment as a Chamber President [F46 but subject to paragraph 5A (and subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8))[F47 , and those terms are to be such as the Lord Chancellor may determine.] U.K.

(2) The Lord Chancellor may pay to a Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Textual Amendments

F46 Words in Sch. 4 para. 3(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(7)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F47 Words in Sch. 4 para. 3(1) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(7)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Delegation of functions by Chamber Presidents U.K.

4 (1) The Chamber President of a chamber of the First-tier Tribunal or Upper Tribunal may delegate any function he has in his capacity as the Chamber President of the chamber— U.K.

(a) to any judge, or other member, of either of those tribunals;

(b) to staff appointed under section 40(1).

(2) A delegation under sub-paragraph (1) is not revoked by the delegator's becoming incapacitated.

(3) Any delegation made by a person under sub-paragraph (1) that is in force immediately before the person ceases to be the Chamber President of a chamber continues in force until subsequently varied or revoked by another holder of the office of Chamber President of that chamber.

(4) The delegation under sub-paragraph (1) of a function shall not prevent the exercise of the function by the Chamber President of the chamber concerned.

(5) In this paragraph “delegate” includes further delegate.

Deputy Chamber Presidents U.K.

5 (1) The [F48 Senior President of Tribunals] may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber. U.K.

(2) The Senior President of Tribunals may appoint a person who is a Deputy Chamber President of a chamber to be instead, or to be also, a Deputy Chamber President of another chamber.

(3) The power under sub-paragraph (1) is exercisable in any particular case only if the [F49 Senior President of Tribunals]—

(a) has consulted the [F50 Lord Chancellor] about whether a Deputy Chamber President should be appointed for the chamber concerned, and

(b) considers, in the light of the consultation, that a Deputy Chamber President of the chamber should be appointed.

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

(a) he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,

(b) he is a transferred-in judge of the Upper Tribunal (see section 31(2)),

(c) he is a judge of the Upper Tribunal by virtue of—

• F51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• section 5(1)(e) (Social Security Commissioner for Northern Ireland),

• section 5(1)(g) (certain judges of courts in the United Kingdom), or

• section 5(1)(h) (deputy judge of the Upper Tribunal), or

(d) he falls within none of paragraphs (a) to (c) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

(5) If the [F52 Senior President of Tribunals], in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the [F52 Senior President of Tribunals] must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(6) If the [F52 Senior President of Tribunals], in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the [F52 Senior President of Tribunals] must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(7) If the [F52 Senior President of Tribunals], in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the [F52 Senior President of Tribunals] must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

[F53 (7A) The Senior President of Tribunals may make a request under sub-paragraph (5), (6) or (7) only with the Lord Chancellor's concurrence.]

(8) If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the [F54 Senior President of Tribunals] must appoint the nominated judge as a Deputy Chamber President of the chamber concerned.

(9) A Deputy Chamber President is to hold and vacate office as a Deputy Chamber President in accordance with the terms of his appointment [F55 but subject to paragraph 5A (and subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8))[F56 , and those terms are to be such as the Lord Chancellor may determine.]

(10) The Lord Chancellor may pay to a Deputy Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

(11) In sub-paragraphs (1) and (2) “chamber” means chamber of the First-tier Tribunal or chamber of the Upper Tribunal.

Textual Amendments

F48 Words in Sch. 4 para. 5(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(8); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F49 Words in Sch. 4 para. 5(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(9); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F50 Words in Sch. 4 para. 5(3)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(10); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F51 Words in Sch. 4 para. 5(4)(c) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 47(a) (with Sch. 4)

F52 Words in Sch. 4 para. 5(5)-(7) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(9); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F53 Sch. 4 para. 5(7A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(11); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F54 Words in Sch. 4 para. 5(8) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(12); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F55 Words in Sch. 4 para. 5(9) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(13)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F56 Words in Sch. 4 para. 5(9) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(13)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

[F57 Chamber Presidents and Deputies: removal from office and extension of appointment U.K.

Textual Amendments

F57 Sch. 4 para. 5A and cross-heading inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(14); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

5A (1) This paragraph applies to a person— U.K.

(a) appointed under section 7(6) or (7) as a Chamber President, or

(b) appointed under paragraph 5(1) or (2) as a Deputy Chamber President of a chamber.

(2) If the terms of the person's appointment provide that the person is appointed otherwise than on a fee-paid basis, the person may be removed from office—

(a) only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and

(b) only on the ground of inability or misbehaviour.

(3) If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office—

(a) only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and

(b) only on—

(i) the ground of inability or misbehaviour, or

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

(4) 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 [F58 75]

F59 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (5), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(5) Extension under sub-paragraph (4)—

(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.]

Textual Amendments

F58 Word in Sch. 4 para. 5A(4)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(5)(a) (with Sch. 1 para. 43)

F59 Sch. 4 para. 5A(4)(b) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(5)(b) (with Sch. 1 para. 43)

Acting Chamber Presidents U.K.

6 (1) If in the case of a particular chamber of the First-tier Tribunal or Upper Tribunal there is no-one appointed under section 7 to preside over the chamber, the Senior President of Tribunals may appoint a person to preside over the chamber during the vacancy. U.K.

(2) A person appointed under sub-paragraph (1) is to be known as an Acting Chamber President.

(3) A person who is the Acting Chamber President of a chamber is to be treated as the Chamber President of the chamber for all purposes other than—

(a) the purposes of this paragraph of this Schedule, and

(b) the purposes of the Judicial Pensions and Retirement Act 1993 (c. 8).

(4) A person is eligible for appointment under sub-paragraph (1) only if he is eligible for appointment as a Chamber President.

(5) An Acting Chamber President is to hold and vacate office as an Acting Chamber President in accordance with the terms of his appointment.

(6) The Lord Chancellor may pay to an Acting Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Guidance U.K.

7 U.K. The Chamber President of a chamber of the First-tier Tribunal or the Upper Tribunal is to make arrangements for the issuing of guidance on changes in the law and practice as they relate to the functions allocated to the chamber.

Oaths U.K.

8 (1) Sub-paragraph (2) applies to a person (“the appointee”)— U.K.

(a) appointed under section 7(7) as a Chamber President,

(b) appointed under paragraph 5(1) as a Deputy Chamber President of a chamber, or

(c) appointed as an Acting Chamber President.

(2) The appointee must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3) A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(4) Sub-paragraph (2) does not apply to the appointee if he has previously taken the required oaths in compliance with a requirement imposed on him under paragraph 9 of Schedule 2 or paragraph 10 of Schedule 3.

(5) In this paragraph “the required oaths” means (subject to sub-paragraph (6))—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(6) Where it appears to the Lord Chancellor that the appointee will carry out functions under his appointment wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to the appointee “the required oaths” means—

(a) the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

Part 2 U.K. Judges and other members of chambers: assignment and jurisdiction

Assignment is function of Senior President of Tribunals U.K.

9 (1) The Senior President of Tribunals has— U.K.

(a) the function of assigning judges and other members of the First-tier Tribunal (including himself) to chambers of the First-tier Tribunal, and

(b) the function of assigning judges and other members of the Upper Tribunal (including himself) to chambers of the Upper Tribunal.

(2) The functions under sub-paragraph (1) are to be exercised in accordance with the following provisions of this Part of this Schedule.

Deemed assignment of Chamber Presidents and Deputy Chamber Presidents U.K.

10 (1) The Chamber President, or a Deputy Chamber President, of a chamber— U.K.

(a) is to be taken to be assigned to that chamber;

(b) may be assigned additionally to one or more of the other chambers;

(c) may be assigned under paragraph (b) to different chambers at different times.

(2) Paragraphs 11(1) and (2) and 12(2) and (3) do not apply to assignment of a person who is a Chamber President or a Deputy Chamber President.

(3) In sub-paragraph (1) “chamber” means chamber of the First-tier Tribunal or the Upper Tribunal.

Assigning members of First-tier Tribunal to its chambers U.K.

11 (1) Each person who is a judge or other member of the First-tier Tribunal by virtue of appointment under paragraph 1(1) or 2(1) of Schedule 2 or who is a transferred-in judge, or transferred-in other member, of the First-tier Tribunal— U.K.

(a) is to be assigned to at least one of the chambers of the First-tier Tribunal, and

(b) may be assigned to different chambers of the First-tier Tribunal at different times.

(2) A judge or other member of the First-tier Tribunal to whom sub-paragraph (1) does not apply—

(a) may be assigned to one or more of the chambers of the First-tier Tribunal, and

(b) may be assigned to different chambers of the First-tier Tribunal at different times.

(3) The Senior President of Tribunals may assign a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence—

(a) of the Chamber President of the chamber, and

(b) of the judge or other member.

(4) The Senior President of Tribunals may end the assignment of a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence of the Chamber President of the chamber.

(5) Sub-paragraph (3)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the First-tier Tribunal.

(6) Sub-paragraphs (3)(a) and (4) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(7) Sub-paragraphs (3) and (4) do not apply where the judge concerned is the Senior President of Tribunals himself.

Assigning members of Upper Tribunal to its chambers U.K.

12 (1) Sub-paragraph (2) applies to a person if— U.K.

(a) he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3, or

(b) he is a transferred-in judge of the Upper Tribunal, or

(c) he is a deputy judge of the Upper Tribunal, or

(d) he is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3, or

(e) he is a transferred-in other member of the Upper Tribunal.

(2) Each person to whom this sub-paragraph applies—

(a) is to be assigned to at least one of the chambers of the Upper Tribunal, and

(b) may be assigned to different chambers of the Upper Tribunal at different times.

(3) A judge or other member of the Upper Tribunal to whom sub-paragraph (2) does not apply—

(a) may be assigned to one or more of the chambers of the Upper Tribunal, and

(b) may be assigned to different chambers of the Upper Tribunal at different times.

(4) The Senior President of Tribunals may assign a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence—

(a) of the Chamber President of the chamber, and

(b) of the judge or other member.

(5) The Senior President of Tribunals may end the assignment of a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence of the Chamber President of the chamber.

(6) Sub-paragraph (4)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the Upper Tribunal.

(7) Sub-paragraphs (4)(a) and (5) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(8) Sub-paragraphs (4) and (5) do not apply where the judge concerned is the Senior President of Tribunals himself.

Policy of Senior President of Tribunals as respects assigning members to chambers etc. U.K.

13 (1) The Senior President of Tribunals must publish a document recording the policy adopted by him in relation to— U.K.

(a) the assigning of persons to chambers in exercise of his functions under paragraph 9,

(b) F60 . . . and

(c) the nominating of persons to act as members of panels of members of employment tribunals in exercise of his functions under any such provision as is mentioned in section 5D(1) of the Employment Tribunals Act 1996 (c. 17).

(2) That policy must be such as to secure—

(a) that appropriate use is made of the knowledge and experience of the judges and other members of the First-tier Tribunal and Upper Tribunal, and

(b) that, in the case of a chamber (of the First-tier Tribunal or Upper Tribunal) whose business consists of, or includes, cases likely to involve the application of the law of Scotland or Northern Ireland, sufficient knowledge and experience of that law is to be found among persons assigned to the chamber.

(3) No policy may be adopted by the Senior President of Tribunals for the purposes of sub-paragraph (1) unless the Lord Chancellor concurs in the policy.

(4) The Senior President of Tribunals must keep any policy adopted for the purposes of sub-paragraph (1) under review.

Textual Amendments

F60 Words in Sch. 4 para. 13(1)(b) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 47(b) (with Sch. 4)

Choosing members to decide cases U.K.

14 (1) The First-tier Tribunal's function, or the Upper Tribunal's function, of deciding any matter in a case before the tribunal is to be exercised by a member or members of the chamber of the tribunal to which the case is allocated. U.K.

(2) The member or members must be chosen by the Senior President of Tribunals.

(3) A person choosing under sub-paragraph (2)—

(a) must act in accordance with any provision under paragraph 15;

(b) may choose himself.

(4) In this paragraph “member”, in relation to a chamber of a tribunal, means a judge or other member of the tribunal who is assigned to the chamber.

Composition of tribunals U.K.

15 (1) The Lord Chancellor must by order make provision, in relation to every matter that may fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter. U.K.

(2) Where an order under sub-paragraph (1) provides for a matter to be decided by a single member of a tribunal, the order—

(a) must make provision for determining whether the matter is to be decided by one of the judges, or by one of the other members, of the tribunal, and

(b) may make provision for determining, if the matter is to be decided by one of the other members of the tribunal, what qualifications (if any) that other member must have.

(3) Where an order under sub-paragraph (1) provides for a matter to be decided by two or more members of a tribunal, the order—

(a) must make provision for determining how many (if any) of those members are to be judges of the tribunal and how many (if any) are to be other members of the tribunal, and

(b) may make provision for determining—

(i) if the matter is to be decided by persons who include one or more of the other members of the tribunal, or

(ii) if the matter is to be decided by two or more of the other members of the tribunal,

what qualifications (if any) that other member or any of those other members must have.

(4) A duty under sub-paragraph (1), (2) or (3) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals, or a Chamber President, in accordance with any provision made under that sub-paragraph.

(5) Power under paragraph (b) of sub-paragraph (2) or (3) to provide for the determination of anything may be exercised by giving, to the Senior President of Tribunals or a Chamber President, power to determine that thing in accordance with any provision made under that paragraph.

(6) Where under sub-paragraphs (1) to (4) a matter is to be decided by two or more members of a tribunal, the matter may, if the parties to the case agree, be decided in the absence of one or more (but not all) of the members chosen to decide the matter.

(7) Where the member, or any of the members, of a tribunal chosen to decide a matter does not have any qualification that he is required to have under sub-paragraphs (2)(b), or (3)(b), and (5), the matter may despite that, if the parties to the case agree, be decided by the chosen member or members.

(8) Before making an order under this paragraph, the Lord Chancellor must consult the Senior President of Tribunals.

(9) In this paragraph “qualification” includes experience.

Section 22

SCHEDULE 5 U.K. Procedure in First-tier Tribunal and Upper Tribunal

Part 1 U.K. Tribunal Procedure Rules

Introductory U.K.

1 (1) This Part of this Schedule makes further provision about the content of Tribunal Procedure Rules. U.K.

(2) The generality of section 22(1) is not to be taken to be prejudiced by—

(a) the following paragraphs of this Part of this Schedule, or

(b) any other provision (including future provision) authorising or requiring the making of provision by Tribunal Procedure Rules.

(3) In the following paragraphs of this Part of this Schedule “Rules” means Tribunal Procedure Rules.

Concurrent functions U.K.

2 U.K. Rules may make provision as to who is to decide, or as to how to decide, which of the First-tier Tribunal and Upper Tribunal is to exercise, in relation to any particular matter, a function that is exercisable by the two tribunals on the basis that the question as to which of them is to exercise the function is to be determined by, or under, Rules.

Delegation of functions to staff U.K.

3 (1) Rules may provide for functions— U.K.

(a) of the First-tier Tribunal, or

(b) of the Upper Tribunal,

to be exercised by staff appointed under section [F61 2(1) of the Courts Act 2003 or section 40(1) of this Act].

(2) In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Rules may (in particular)—

(a) provide for the function to be exercisable by a member of staff only if the member of staff is, or is of a description, specified in exercise of a discretion conferred by Rules;

(b) provide for the function to be exercisable by a member of staff only if the member of staff is approved, or is of a description approved, for the purpose by a person specified in Rules.

[F62 (3) A person may exercise functions by virtue of this paragraph only if authorised to do so by the Senior President of Tribunals.

(4) An authorisation under this paragraph—

(a) may be subject to conditions, and

(b) may be varied or revoked by the Senior President of Tribunals at any time.

(5) The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals' functions under the preceding provisions of this paragraph—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of this Act.

(6) A person to whom functions of the Senior President of Tribunals are delegated under sub-paragraph (5)(b) is not subject to the direction of any person other than—

(a) the Senior President of Tribunals, or

(b) a judicial office holder nominated by the Senior President of Tribunals,

when exercising the functions.

(7) Subsections (3) to (5) of section 8 apply to—

(a) a delegation under sub-paragraph (5), and

(b) a nomination under sub-paragraph (6),

as they apply to a delegation under subsection (1) of that section.

(8) In this paragraph—

• “function” does not include—

  (a)

  any function so far as its exercise involves authorising a person's committal to prison or arrest;

  (b)

  any function of granting an injunction;

• “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.]

Textual Amendments

F61 Words in Sch. 5 para. 3(1) substituted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 44(2); S.I. 2020/24, regs. 2(b)(iv), 3(b)

F62 Sch. 5 para. 3(3)-(8) inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 44(3); S.I. 2020/24, regs. 2(b)(iv), 3(b)

Time limits U.K.

4 U.K. Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the First-tier Tribunal or the Upper Tribunal.

Repeat applications U.K.

5 U.K. Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made.

Tribunal acting of its own initiative U.K.

6 U.K. Rules may make provision about the circumstances in which the First-tier Tribunal, or the Upper Tribunal, may exercise its powers of its own initiative.

Hearings U.K.

7 U.K. Rules may—

(a) make provision for dealing with matters without a hearing;

(b) make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public.

Proceedings without notice U.K.

8 U.K. Rules may make provision for proceedings to take place, in circumstances described in Rules, at the request of one party even though the other, or another, party has had no notice.

Representation U.K.

9 U.K. Rules may make provision conferring additional rights of audience before the First-tier Tribunal or the Upper Tribunal.

Evidence, witnesses and attendance U.K.

10 (1) Rules may make provision about evidence (including evidence on oath and administration of oaths). U.K.

(2) Rules may modify any rules of evidence provided for elsewhere, so far as they would apply to proceedings before the First-tier Tribunal or Upper Tribunal.

(3) Rules may make provision, where the First-tier Tribunal has required a person—

(a) to attend at any place for the purpose of giving evidence,

(b) otherwise to make himself available to give evidence,

(c) to swear an oath in connection with the giving of evidence,

(d) to give evidence as a witness,

(e) to produce a document, or

(f) to facilitate the inspection of a document or any other thing (including any premises),

for the Upper Tribunal to deal with non-compliance with the requirement as though the requirement had been imposed by the Upper Tribunal.

(4) Rules may make provision for the payment of expenses and allowances to persons giving evidence, producing documents, attending proceedings or required to attend proceedings.

Use of information U.K.

11 (1) Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the First-tier Tribunal or Upper Tribunal. U.K.

(2) Rules may make provision for imposing reporting restrictions in circumstances described in Rules.

Costs and expenses U.K.

12 (1) Rules may make provision for regulating matters relating to costs, or (in Scotland) expenses, of proceedings before the First-tier Tribunal or Upper Tribunal. U.K.

(2) The provision mentioned in sub-paragraph (1) includes (in particular)—

(a) provision prescribing scales of costs or expenses;

(b) provision for enabling costs to undergo detailed assessment in England and Wales by [F63 the county court] or the High Court;

(c) provision for taxation in Scotland of accounts of expenses by an Auditor of Court;

(d) provision for enabling costs to be taxed in Northern Ireland in [F63 the county court] or the High Court;

(e) provision for costs or expenses—

(i) not to be allowed in respect of items of a description specified in Rules;

(ii) not to be allowed in proceedings of a description so specified;

(f) provision for other exceptions to either or both of subsections (1) and (2) of section 29.

Textual Amendments

F63 Words in Sch. 5 para. 12(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Set-off and interest U.K.

13 (1) Rules may make provision for a party to proceedings to deduct, from amounts payable by him, amounts payable to him. U.K.

(2) Rules may make provision for interest on sums awarded (including provision conferring a discretion or provision in accordance with which interest is to be calculated).

Arbitration U.K.

14 U.K. Rules may provide for [F64 any of the provisions of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 (which extends to Scotland) or] Part 1 of the Arbitration Act 1996 (c. 23) (which extends to England and Wales, and Northern Ireland, but not Scotland) not to apply, or not to apply except so far as is specified in Rules, where the First-tier Tribunal, or Upper Tribunal, acts as arbitrator.

Textual Amendments

F64 Words in Sch. 5 para. 14 inserted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), Sch. para. 8

Correction of errors and setting-aside of decisions on procedural grounds U.K.

15 (1) Rules may make provision for the correction of accidental errors in a decision or record of a decision. U.K.

(2) Rules may make provision for the setting aside of a decision in proceedings before the First-tier Tribunal or Upper Tribunal—

(a) where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative,

(b) where a document relating to the proceedings was not sent to the First-tier Tribunal or Upper Tribunal at an appropriate time,

(c) where a party to the proceedings, or a party's representative, was not present at a hearing related to the proceedings, or

(d) where there has been any other procedural irregularity in the proceedings.

(3) Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be prejudiced by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs.

Ancillary powers U.K.

16 U.K. Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such ancillary powers as are necessary for the proper discharge of its functions.

Rules may refer to practice directions U.K.

17 U.K. Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under section 23.

Presumptions U.K.

18 U.K. Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification).

Differential provision U.K.

19 U.K. Rules may make different provision for different purposes or different areas.

Part 2 U.K. Tribunal Procedure Committee

Membership U.K.

20 U.K. The Tribunal Procedure Committee is to consist of—

(a) the Senior President of Tribunals or a person nominated by him,

(b) the persons currently appointed by the Lord Chancellor under paragraph 21,

(c) the persons currently appointed by the Lord Chief Justice of England and Wales under paragraph 22,

(d) the person currently appointed by the Lord President of the Court of Session under paragraph 23, and

(e) any person currently appointed under paragraph 24 at the request of the Senior President of Tribunals.

Lord Chancellor's appointees U.K.

21 (1) The Lord Chancellor must appoint— U.K.

(a) [F65 four] persons each of whom must be a person with experience of—

(i) practice in tribunals, or

(ii) advising persons involved in tribunal proceedings, F66 ...

F66 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F67 (1A) At least one of those persons must have experience of—

(a) practice in employment tribunals and the Employment Appeal Tribunal, or

(b) advising persons involved in employment tribunal proceedings and the Employment Appeal Tribunal.]

(2) Before making an appointment under sub-paragraph (1), the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

F68 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Word in Sch. 5 para. 21(1)(a) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(2)(a); S.I. 2023/1194, reg. 2(f)

F66 Sch. 5 para. 21(1)(b) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 35(a)

F67 Sch. 5 para. 21(1A) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(2)(b); S.I. 2023/1194, reg. 2(f)

F68 Sch. 5 para. 21(3) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 35(b)

Lord Chief Justice's appointees U.K.

22 (1) The Lord Chief Justice of England and Wales must appoint— U.K.

(a) one of the judges of the First-tier Tribunal,

(b) one of the judges of the Upper Tribunal, F69 ...

(c) one person who is a member of the First-tier Tribunal, or is a member of the Upper Tribunal, but is not a judge of the First-tier Tribunal and is not a judge of the Upper Tribunal [F70 , and

(d) one person who is a judge, or other member, of the Employment Appeal Tribunal or a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges).]

(2) Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.

Textual Amendments

F69 Word in Sch. 5 para. 22(1) omitted (7.11.2023) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(3)(a); S.I. 2023/1194, reg. 2(f)

F70 Sch. 5 para. 22(1)(d) and word inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(3)(b); S.I. 2023/1194, reg. 2(f)

Lord President's appointee U.K.

23 (1) The Lord President of the Court of Session must appoint one person with experience in and knowledge of the Scottish legal system. U.K.

(2) Before making an appointment under sub-paragraph (1), the Lord President of the Court of Session must consult the Lord Chancellor.

Persons appointed at request of Senior President of Tribunals U.K.

24 (1) At the request of the Senior President of Tribunals, an appropriate senior judge may appoint a person or persons with experience in and knowledge of— U.K.

(a) a particular issue, or

(b) a particular subject area in relation to which the First-tier Tribunal or the Upper Tribunal has, or is likely to have, jurisdiction,

for the purpose of assisting the Committee with regard to that issue or subject area.

(2) In sub-paragraph (1) “an appropriate senior judge” means any of—

(a) the Lord Chief Justice of England and Wales,

(b) the Lord President of the Court of Session, and

(c) the Lord Chief Justice of Northern Ireland.

(3) The total number of persons appointed at any time under sub-paragraph (1) must not exceed four.

(4) Before making an appointment under sub-paragraph (1), the person making the appointment must consult the Lord Chancellor.

(5) The terms of appointment of a person appointed under sub-paragraph (1) may (in particular) authorise him to act as a member of the Committee only in relation to matters specified by those terms.

Power to amend paragraphs 20 to 24 U.K.

25 (1) The Lord Chancellor may by order— U.K.

(a) amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and

(b) make consequential amendments in any other provision of paragraphs 21 to 24 or in paragraph 28(7).

(2) The making of an order under this paragraph—

(a) requires the concurrence of the Lord Chief Justice of England and Wales,

(b) if the order amends paragraph 23(1), requires also the concurrence of the Lord President of the Court of Session, and

(c) if the order amends paragraph 24(1), requires also the concurrence of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

Committee members' expenses U.K.

26 U.K. The Lord Chancellor may reimburse members of the Tribunal Procedure Committee their travelling and out-of-pocket expenses.

Part 3 U.K. Making of Tribunal Procedure Rules by Tribunal Procedure Committee

Meaning of “Rules” and “the Committee” U.K.

27 U.K. In the following provisions of this Part of this Schedule—

• “the Committee” means the Tribunal Procedure Committee;

• “Rules” means Tribunal Procedure Rules.

Process for making Rules U.K.

28 (1) Before the Committee makes Rules, the Committee must— U.K.

(a) consult such persons (including such of the Chamber Presidents) as it considers appropriate,

(b) consult the Lord President of the Court of Session if the Rules contain provision relating to proceedings in Scotland, and

(c) meet (unless it is inexpedient to do so).

(2) Rules made by the Committee must be—

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

(3) The Lord Chancellor may allow or disallow Rules so made.

(4) If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so.

(5) Rules so made and allowed—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6) A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.

[F71 Delegation of functions to staff: reconsideration of decisions U.K.

Textual Amendments

F71 Sch. 5 para. 28A and cross-heading inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 45; S.I. 2020/24, regs. 2(b)(iv), 3(b)

28A (1) Before making Rules that provide for the exercise of functions of the First-tier Tribunal or Upper Tribunal by authorised persons by virtue of paragraph 3, the Committee must take the following steps in relation to each of the functions in question. U.K.

(2) The Committee must consider whether the Rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.

(3) If the Committee considers that the rules should include such a right, it must include provision to that effect when it makes the Rules.

(4) If the Committee does not consider that the rules should include such a right, it must inform the Lord Chancellor of—

(a) its decision, and

(b) its reasons for reaching that decision.

(5) In this paragraph “authorised person” and “judicial office holder” have the same meanings as in Chapter 2A of Part 1 of this Act (see section 29A).]

Power of Lord Chancellor to require Rules to be made U.K.

29 (1) This paragraph applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Rules to include provision that would achieve a purpose specified in the notice. U.K.

(2) The Committee must make such Rules, in accordance with paragraph 28, as it considers necessary to achieve the specified purpose.

(3) Those Rules must be made—

(a) within such period as may be specified by the Lord Chancellor in the notice, or

(b) if no period is so specified, within a reasonable period after the Lord Chancellor gives the notice to the Committee.

Part 4 U.K. Power to amend legislation in connection with Tribunal Procedure Rules

Lord Chancellor's power U.K.

30 (1) The Lord Chancellor may by order amend, repeal or revoke any enactment to the extent he considers necessary or desirable— U.K.

(a) in order to facilitate the making of Tribunal Procedure Rules, or

(b) in consequence of—

(i) section 22,

(ii) Part 1 or 3 of this Schedule, or

(iii) Tribunal Procedure Rules.

(2) In this paragraph “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Sections 30 to 37

SCHEDULE 6 U.K. Tribunals for the purposes of sections 30 to 36

Part 1 U.K. Tribunals for the purposes of sections 30, 35 and 36

Tribunal	Enactment
[F72 Agricultural Land Tribunals for areas in England]	[F72 Section 73 of the Agriculture Act 1947 (c.48)]
Appeal tribunal	Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14)
Child Support Commissioner	Section 22 of the Child Support Act 1991 (c. 48)
The Secretary of State as respects his function of deciding appeals under:	Section 41 of the Consumer Credit Act 1974 (c. 39)
The Secretary of State as respects his function of deciding appeals under:	Section 7(1) of the Estate Agents Act 1979 (c. 38)
Foreign Compensation Commission	Section 1 of the Foreign Compensation Act 1950 (c. 12)
Commissioner for the general purposes of the income tax	Section 2 of the Taxes Management Act 1970 (c. 9)
Information Tribunal	Section 6 of the Data Protection Act 1998 (c. 29)
Meat Hygiene Appeals Tribunal	Regulation 6 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539)
Meat Hygiene Appeals Tribunal	Regulation 6 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/540)
Meat Hygiene Appeals Tribunal	Regulation 5 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/2148)
Mental Health Review Tribunal for a region of England	Section 65(1) and (1A)(a) of the Mental Health Act 1983 (c. 20)
Reinstatement Committee	Paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
[F73 Rent assessment committees for areas in England]	[F73 Section 65 of, and Schedule 10 to, the Rent Act 1977 (c. 42)]
Reserve forces appeal tribunal	Section 88 of the Reserve Forces Act 1996 (c. 14)
Sea Fish Licence Tribunal	Section 4AA of the Sea Fish (Conservation) Act 1967 (c. 84)
Social Security Commissioner	Schedule 4 to the Social Security Act 1998 (c. 14)
Special Educational Needs and Disability Tribunal	Section 333 of the Education Act 1996 (c. 56)
Transport Tribunal	Schedule 4 to the Transport Act 1985 (c. 67)
Umpire or deputy umpire	Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985
VAT and duties tribunal	Schedule 12 to the Value Added Tax Act 1994 (c. 23)

Textual Amendments

F72 Words in Sch. 6 Pt. 1 inserted (29.4.2013) by The Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013 (S.I. 2013/1034), art. 2(a)

F73 Words in Sch. 6 Pt. 1 inserted (29.4.2013) by The Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013 (S.I. 2013/1034), art. 2(b)

Part 2 U.K. Tribunals for the purposes of sections 30 and 35

Tribunal	Enactment
Adjudicator	Section 5 of the Criminal Injuries Compensation Act 1995 (c. 53)

Part 3 U.K. Tribunals for the purposes of sections 30 and 36

Tribunal	Enactment
Adjudicator to Her Majesty's Land Registry	Section 107 of the Land Registration Act 2002 (c. 9)
Charity Tribunal	Section 2A of the Charities Act 1993 (c. 10)
Consumer Credit Appeals Tribunal	Section 40A of the Consumer Credit Act 1974 (c. 39)
F74 . . .	F74 . . .
Gambling Appeals Tribunal	Section 140 of the Gambling Act 2005 (c. 19)
Immigration Services Tribunal	Section 87 of the Immigration and Asylum Act 1999 (c. 33)
Lands Tribunal	Section 1(1)(b) of the Lands Tribunal Act 1949 (c. 42)
Pensions Appeal Tribunal in England and Wales	Paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Pensions Regulator Tribunal	Section 102 of the Pensions Act 2004 (c. 35)
Commissioner for the special purposes of the Income Tax Acts	Section 4 of the Taxes Management Act 1970 (c. 9)

Textual Amendments

F74 Sch. 6 Pt. 3 entry repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Part 4 U.K. Tribunals for the purposes of section 30

Tribunal	Enactment
F75 . . .	F75 . . .
F76 . . .	F76 . . .
Antarctic Act Tribunal	Regulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490)
Appeal tribunal	Part 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters' Pension Scheme Order 1992 (S.I. 1992/129)
[F77 Asylum and Immigration Tribunal	Section 81 of the Nationality, Immigration and Asylum Act 2002]
Asylum Support Adjudicator	Section 102 of the Immigration and Asylum Act 1999
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for England	Section 76 of the Local Government Act 2000 (c. 22)
F78 . . .	F78 . . .
Family Health Services Appeal Authority	Section 49S of the National Health Service Act 1977 (c. 49)
[F79 Gender Recognition Panel	Section 1(3) of the Gender Recognition Act 2004 (c.7)]
F80 . . .	F80 . . .
Appeals Tribunal	Part 3 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483)
Plant Varieties and Seeds Tribunal	Section 42 of the Plant Varieties Act 1997 (c. 66)
[F81 Panel	Section 189(6) of the Greater London Authority Act 1999]
Tribunal	Rule 6 of the model provisions with respect to appeals as applied with modifications by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030)
Tribunal	Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Tribunal	Section 706 of the Income and Corporation Taxes Act 1988 (c. 1)
[F82 Tribunal	Section 704 of the Income Tax Act 2007 (c.3)]
F83 . . .	F83 . . .
Tribunal	Part 1 of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)
Tribunal	Regulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257)
Tribunal	Section 9 of the Protection of Children Act 1999 (c. 14)

Textual Amendments

F75 Words in Sch. 6 Pt. 4 omitted (29.4.2013) by virtue of The Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013 (S.I. 2013/1034), art. 3

F76 Sch. 6 Pt. 4 entry for the Aircraft and Shipbuilding Industries Arbitration Tribunal omitted (22.3.2013) by virtue of The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 (S.I. 2013/686), art. 1(2), Sch. 1 para. 9

F77 Sch. 6 Pt. 4: entry inserted (14.2.2010) by The Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2010 (S.I. 2010/20), art. 2

F78 Sch. 6 Pt. 4 entry omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 94

F79 Sch. 6 Pt. 4: entry inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 2

F80 Words in Sch. 6 Pt. 4 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(16)(a); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

F81 Sch. 6 Pt. 4: entry inserted (8.7.2009) by The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 (S.I. 2009/1836), art. 4 (with Sch. 3)

F82 Sch. 6 Pt. 4: entry inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 2

F83 Words in Sch. 6 Pt. 4 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 3 Pt. 2 (with reg. 1(3))

Part 5 U.K. Tribunals for the purposes of sections 35 and 36

Tribunal	Enactment
Employment Appeal Tribunal	Section 20 of the Employment Tribunals Act 1996 (c. 17)

Part 6 U.K. Tribunals for the purposes of section 35

Tribunal	Enactment
Employment tribunal	Section 1 of the Employment Tribunals Act 1996

Part 7 U.K. Tribunals for the purposes of section 32(3)

Tribunal	Enactment
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for Wales	Section 76 of the Local Government Act 2000 (c. 22)
[F84 Agricultural Land Tribunal for Wales]	[F84 Section 73 of the Agriculture Act 1947 (c. 48)]
Appeals Tribunal	Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (S.I. 2001/2281)
Mental Health Review Tribunal for Wales	Section 65(1) and (1A)(b) of the Mental Health Act 1983 (c. 20)
[F85 Rent assessment committees for areas in Wales]	[F85 Section 65 of, and Schedule 10 to, the Rent Act 1977 (c. 42)]
F86 . . .	F86 . . .
Tribunal	Section 27 of, and Schedule 3 to, the Education Act 2005 (c. 18)

Textual Amendments

F84 Words in Sch. 6 Pt. 7 inserted (29.4.2013) by The Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013 (S.I. 2013/1034), art. 4(a)

F85 Words in Sch. 6 Pt. 7 inserted (29.4.2013) by The Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013 (S.I. 2013/1034), art. 4(b)

F86 Sch. 6 Pt. 7 entry omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 13; S.I. 2021/373, art. 8(j)(xxv)

Section 44

SCHEDULE 7 U.K. Administrative Justice and Tribunals Council

F87 ... U.K.

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

Textual Amendments

F87 Sch. 7 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 36

Section 48(1)

SCHEDULE 8 U.K. Tribunals and Inquiries: consequential and other amendments

Taxes Management Act 1970 (c. 9) U.K.

1 (1) The following offices are abolished— U.K.

• General Commissioner;

• clerk to the General Commissioners for a division;

• assistant clerk to the General Commissioners for a division.

(2) In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect.

(3) In this paragraph—

• “division” has the meaning given by section 2(1) and (6) of that Act;

• “General Commissioner” means a Commissioner for the general purposes of the income tax.

Chronically Sick and Disabled Persons Act 1970 (c. 44) U.K.

F88 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 8 para. 2 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Health and Safety at Work etc. Act 1974 (c. 37) U.K.

F89 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 8 para. 3 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

House of Commons Disqualification Act 1975 (c. 24) U.K.

4 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Commencement Information

I1 Sch. 8 para. 4 wholly in force at 3.11.2008; Sch. 8 para. 4 not in force at Royal Assent see s. 148(5); Sch. 8 para. 4 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), {(6)(b)(i)} and Sch. 8 para. 4 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Northern Ireland Assembly Disqualification Act 1975 (c. 25) U.K.

5 U.K. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Commencement Information

I2 Sch. 8 para. 5 wholly in force at 3.11.2008; Sch. 8 para. 5 not in force at Royal Assent see s. 148(5); Sch. 8 para. 5 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(i) and Sch. 8 para. 5 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Litigants in Person (Costs and Expenses) Act 1975 (c. 47) U.K.

6 (1) The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows. U.K.

(2) In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word “or” at the end of paragraph (b) insert—

“(ba) before the First-tier Tribunal or the Upper Tribunal,”.

(3) In section 1(4) (meaning of “rules of court”), before the word “and” at the end of paragraph (b) insert—

“(ba) in relation to the First-tier Tribunal or the Upper Tribunal, means Tribunal Procedure Rules,”.

Race Relations Act 1976 (c. 74) U.K.

7 U.K. F90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Sch. 8 para. 7 repealed (4.4.2011) by 2010 c. 15, Sch. 27 Pt. 1A (as inserted by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), art. 3(3), Sch. 3)

Commencement Information

I3 Sch. 8 para. 7 wholly in force at 1.6.2008; Sch. 8 para. 7 not in force at Royal Assent see s. 148(5); Sch. 8 para. 7 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Estate Agents Act 1979 (c. 38) U.K.

8 U.K. Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.).

Town and Country Planning Act 1990 (c. 8) U.K.

F91 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 8 paras. 9-12 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F91 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 8 paras. 9-12 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F91 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 8 paras. 9-12 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F91 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 8 paras. 9-12 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Prospective

Food Safety Act 1990 (c. 16) U.K.

13 (1) The Food Safety Act 1990 is amended as follows. U.K.

(2) In section 26(2)(e) (regulations may provide for appeals, including appeals to a tribunal set up by the regulations)—

(a) after “to the sheriff,” insert “ or to the First-tier Tribunal or the Upper Tribunal, ” and

(b) omit “or to a tribunal constituted in accordance with the regulations,”.

(3) In section 37(2) (subsection (1)(c) does not apply where appeal may be made to a tribunal set up by regulations under Part 2), for the words from “provide for an appeal” onwards substitute “provide for an appeal—

(a) to a tribunal constituted in accordance with the regulations, or

(b) to the First-tier Tribunal or the Upper Tribunal.”

Courts and Legal Services Act 1990 (c. 41) U.K.

14 U.K. The Courts and Legal Services Act 1990 is amended as follows.

15 U.K. In section 119(1) (interpretation), in the definition of “court”, for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute—

“(a) a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council);”.

16 U.K. In Schedule 11 (full-time judges etc barred from legal practice), at the end insert— “Judge or other member of the First-tier Tribunal—

(a) appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or

(b) who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act)

Judge or other member of the Upper Tribunal—

(a) appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or

(b) who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act)

Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Social Security Administration Act 1992 (c. 5) U.K.

F92 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 8 paras. 17-19 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F92 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 8 paras. 17-19 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Commencement Information

I4 Sch. 8 para. 18 wholly in force at 1.6.2008; Sch. 8 para. 18 not in force at Royal Assent see s. 148(5); Sch. 8 para. 18 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(iii), 6(b)(ii)

F92 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 8 paras. 17-19 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Transport and Works Act 1992 (c. 42) U.K.

20 U.K. The Transport and Works Act 1992 is amended as follows.

21 U.K. In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for “1971” substitute “ 1992 ”.

22 (1) Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows. U.K.

(2) In subsection (9)—

(a) for “1971” substitute “ 1992 ”, and

(b) for “section 12(1)” substitute “ section 10(1) ”.

F93 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93 Sch. 8 para. 22(3) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Tribunals and Inquiries Act 1992 (c. 53) U.K.

23 U.K. The Tribunals and Inquiries Act 1992 is amended as follows.

24 U.K. Omit section 5 (recommendations of Council as to appointment of members of tribunals).

Commencement Information

I5 Sch. 8 para. 24 in force at 19.8.2013 by S.I. 2013/2043, art. 2(a)

25 U.K. In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect.

Commencement Information

I6 Sch. 8 para. 25 partly in force; Sch. 8 para. 25 not in force at Royal Assent see s. 148(5); Sch. 8 para. 25 in force for certain purposes at 3.11.2008 by S.I. 2008/2696, art. 5(c)(ii)

26 U.K. F94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94 Sch. 8 para. 26 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146, 148, Sch. 23 Pt. 1; S.I. 2008/2696, art. 5(i)(vii) (with arts. 3, 4)

27 U.K. Omit section 8 (procedural rules for tribunals).

Commencement Information

I7 Sch. 8 para. 27 partly in force; Sch. 8 para. 27 not in force at Royal Assent see s. 148(5); Sch. 8 para. 27 in force for certain purposes by S.I. 2008/1653, art. 2(a) (with arts. 3, 4)

I8 Sch. 8 para. 27 in force at 19.8.2013 in so far as not already in force by S.I. 2013/2043, art. 2(b)

F95 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Sch. 8 para. 28 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Prospective

29 U.K. In section 14(1) (restricted application of Act in relation to certain tribunals)—

(a) for “the working or a decision of, or procedural rules for,” substitute “ a decision of ”, and

(b) for “working, decisions or procedure” substitute “ decisions ”.

30 U.K. In section 16(1) (interpretation)—

F96 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after the definition of “Council” insert—

““enactment” includes an Act of the Scottish Parliament,”

F97 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96 Sch. 8 para. 30(a) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(a)

F97 Sch. 8 para. 30(c) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(a)

F98 Sch. 8 para. 30(d) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(a)

Commencement Information

I9 Sch. 8 para. 30 wholly in force at 1.6.2008; Sch. 8 para. 30 not in force at Royal Assent see s. 148; Sch. 8 para. 30(a)-(c) in force at 1.11.2007 and Sch. 8 para. 30(d) in force at 1.6.2008 by S.I. 2007/2709, art. 3(b)(i)

Judicial Pensions and Retirement Act 1993 (c. 8) U.K.

31 (1) The Judicial Pensions and Retirement Act 1993 is amended as follows. U.K.

(2) In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows.

(3) In paragraph (f), for the words from “(persons” to the end substitute “ (holders of relevant office); ”.

(4) After paragraph (g) insert—

“(ga) hold office as a deputy judge of the Upper Tribunal if—

(i) section 94B of the Constitutional Reform Act 2005 applied to the appointment, and

(ii) his corresponding qualifying office was listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007;”.

(5) In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for purposes of the pensions provisions), at the end of the part dealing with the members of tribunals insert— “Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

(6) In Schedule 5 (retirement provisions: the relevant offices), at the end insert— “ Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007Senior President of TribunalsDeputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Actj011sDeputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007Clauses.rtf_j012aChamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Commencement Information

I10 Sch. 8 para. 31 wholly in force at 3.11.2008; Sch. 8 para. 31 not in force at Royal Assent see s. 148; Sch. 8 para. 31(1)-(3) in force at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i); Sch. 8 para. 31(4)-(6) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Pension Schemes Act 1993 (c. 48) U.K.

F99 32 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Sch. 8 para. 32 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36) U.K.

33 (1) Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows. U.K.

(2) For paragraph (b) substitute—

“(b) any tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council), or”.

F100 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 8 para. 33(3) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Commencement Information

I11 Sch. 8 para. 33 wholly in force at 3.11.2008; Sch. 8 para. 33 not in force at Royal Assent see s. 148; Sch. 8 para. 33(1)(2) in force at 1.11.2007 by S.I. 2007/2709, art. 3(b)(i); Sch. 8 para. 33(3) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Prospective

Criminal Injuries Compensation Act 1995 (c. 53) U.K.

34 U.K. In the Criminal Injuries Compensation Act 1995, after section 5 insert—

“5A Oaths to be taken by adjudicators

(1) A person appointed as an adjudicator under section 5 (“the adjudicator”) must take—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

(2) The adjudicator must take the oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the adjudicator.

(3) A person is eligible for the purposes of subsection (2)(b) if any one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(4) In relation to a person who is an adjudicator appointed before the coming into force of this section, the requirement in subsection (1) applies from the coming into force of this section.”

Employment Tribunals Act 1996 (c. 17) U.K.

35 U.K. The Employment Tribunals Act 1996 is amended as follows.

36 U.K. Before section 4 insert—

“3A Meaning of “Employment Judge”

A person who is a member of a panel of chairmen of employment tribunals which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.”

37 U.K. In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after “the person mentioned in subsection (1)(a) alone” insert “ or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal ”.

38 U.K. In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “ and the Lord Chancellor, acting jointly, ”.

39 U.K. In section 5(1) (pay), for paragraph (c) substitute—

“(c) any person who is an Employment Judge on a full-time basis, and”.

40 U.K. After section 5 insert—

“5A Training etc.

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of chairmen).

5B Members of employment tribunals: removal from office

(1) Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(2) Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

(3) Any power by which a member of a panel may be removed from membership of the panel—

(a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b) may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(4) In subsection (3) “panel” means—

(a) a panel of chairmen of employment tribunals, or

(b) any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

5C Oaths

(1) Subsection (2) applies to a person (“the appointee”)—

(a) who is appointed—

(i) as President of the Employment Tribunals (England and Wales),

(ii) as President of the Employment Tribunals (Scotland), or

(iii) as a member of a panel (as defined in section 5B(4)), and

(b) who has not previously taken the required oaths after accepting another office.

(2) The appointee must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3) If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(5) In this section “the required oaths” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

5D Judicial assistance

(1) Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

(2) The provision has effect only if—

(a) the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

(b) its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

(c) its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

(d) its operation as respects a particular relevant judge requires—

(i) the consent of the relevant judge, and

(ii) the appropriate consent (see subsection (3)), and

(e) it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of chairmen of employment tribunals.

(3) In subsection (2)(d)(ii) “the appropriate consent” means—

(a) the consent of the Lord Chief Justice of England and Wales where the relevant judge 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 consent of the Lord President of the Court of Session where the relevant judge is—

(i) a judge of the Court of Session, or

(ii) a sheriff;

(c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge 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) In this section—

(a) “relevant tribunal judge” means—

(i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii) a transferred-in judge of the First-tier Tribunal,

(iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv) a transferred-in judge of the Upper Tribunal,

(v) a deputy judge of the Upper Tribunal, or

(vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

(b) “relevant judge” means a person who—

(i) is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(ii) is a Lord Justice of Appeal in Northern Ireland,

(iii) is a judge of the Court of Session,

(iv) is a puisne judge of the High Court in England and Wales or Northern Ireland,

(v) is a circuit judge,

(vi) is a sheriff in Scotland,

(vii) is a county court judge in Northern Ireland,

(viii) is a district judge in England and Wales or Northern Ireland, or

(ix) is a District Judge (Magistrates' Courts).

(5) References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.”

41 (1) Section 7A (practice directions) is amended as follows. U.K.

(2) Before subsection (1) insert—

“(A1) The Senior President of Tribunals may make directions about the procedure of employment tribunals.”

(3) In subsection (1)—

(a) in paragraph (a), before “President” insert “ territorial ”, and

(b) in paragraphs (b) and (c), for “such directions” substitute “ directions under subsection (A1) or paragraph (a) ”.

(4) In subsection (2), for “by the President” substitute “ under subsection (A1) or (1)(a) ”.

(5) After subsection (2) insert—

“(2A) The power under subsection (A1) includes—

(a) power to vary or revoke directions made in exercise of the power, and

(b) power to make different provision for different purposes (including different provision for different areas).

(2B) Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C) Directions under subsection (1)(a) may not be made without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(2D) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of decisions by members of an employment tribunal.

(2E) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.”

(6) In subsection (3), after “references to the” insert “ territorial ”.

42 U.K. After section 7A insert—

“7B Mediation

(1) Employment tribunal procedure regulations may include provision enabling practice directions to provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2) The provision that may be included in employment tribunal procedure regulations by virtue of subsection (1) includes provision for enabling practice directions to provide for a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3) Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5) Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult the Advisory, Conciliation and Arbitration Service.

(6) In this section—

• “member” means a member of a panel of members of employment tribunals (whether or not a panel of chairmen);

• “practice direction” means a direction under section 7A;

• “proceedings” means proceedings before an employment tribunal.”

43 U.K. In section 15(1) (enforcement in England and Wales as an order of a county court), for the words from “shall, if a county court so orders,” to the end substitute “ shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court. ”

44 U.K. After section 24 insert—

“24A Training etc. of members of Appeal Tribunal

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges, and other members, of the Appeal Tribunal (in their capacities as members of the Appeal Tribunal).

24B Oaths

(1) Subsection (2) applies to a person (“the appointee”)—

(a) who is appointed under section 22(1)(c) or 23(3), or

(b) who is appointed under section 24(1A) and—

(i) falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and

(ii) has not previously taken the required oaths after accepting another office.

(2) The appointee must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3) If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(5) In this section “the required oaths” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.”

45 U.K. In section 27(1)(a) (payment of appointed members of Employment Appeal Tribunal), after “members,” insert “ and ”.

F101 46 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 8 para. 46 omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 12(5), 103(2) (with s. 24(2))

47 U.K. After section 29 insert—

“29A Practice directions

(1) Directions about the procedure of the Appeal Tribunal may be given—

(a) by the Senior President of Tribunals, or

(b) by the President of the Appeal Tribunal.

(2) A power under subsection (1) includes—

(a) power to vary or revoke directions given in exercise of the power, and

(b) power to make different provision for different purposes.

(3) Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor.

(4) Directions under subsection (1)(b) may not be given without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(5) Subsection (1) does not prejudice any power apart from that subsection to give directions about the procedure of the Appeal Tribunal.

(6) Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(7) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of decisions by members of the Appeal Tribunal.

(8) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

(9) Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only.

(10) Subsection (6) does not apply to directions under section 28(1).”

48 U.K. In section 30(3) (Employment Appeal Tribunal to regulate its own procedure, subject to procedure rules), after the words “Appeal Tribunal procedure rules” insert “ and directions under section 28(1) or 29A(1) ”.

Town and Country Planning (Scotland) Act 1997 (c. 8) U.K.

F102 49 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 8 paras. 49-53 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F102 50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 8 paras. 49-53 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F102 51 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 8 paras. 49-53 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Greater London Authority Act 1999 (c. 29) U.K.

F102 52 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 8 paras. 49-53 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Freedom of Information Act 2000 (c. 36) U.K.

F102 53 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 8 paras. 49-53 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Commencement Information

I12 Sch. 8 para. 53 wholly in force at 1.6.2008; Sch. 8 para. 53 not in force at Royal Assent see s. 148(5); Sch. 8 para. 53 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Prospective

Nationality, Immigration and Asylum Act 2002 (c. 41) U.K.

54 U.K. F103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 8 para. 54 repealed (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 3 (with Sch. 4)

Courts Act 2003 (c. 39) U.K.

55 (1) Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is amended as follows. U.K.

(2) In subsection (1) (registrable orders etc.), after paragraph (e) insert—

“(f) a decision or award of—

(i) the First-tier Tribunal,

(ii) the Upper Tribunal,

(iii) an employment tribunal, or

(iv) the Employment Appeal Tribunal,

in pursuance of which any sum is payable.”

(3) In subsection (3) (regulations)—

(a) in each of paragraphs (a) and (b) (exemption), after “orders” insert “ , decisions, awards ”, and

(b) in paragraph (d) (power to provide for certain sums only to be registered), after “magistrates' court” insert “ or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f) ”.

Title Conditions (Scotland) Act 2003 (asp 9) U.K.

F104 56 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 8 paras. 56-58 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F104 57 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 8 paras. 56-58 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

F104 58 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 8 paras. 56-58 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Planning and Compulsory Purchase Act 2004 (c. 5) U.K.

59 U.K. In section 8 of the Planning and Compulsory Purchase Act 2004 (regional spatial strategy: examination in public), for subsection (7) substitute—

“(7) An examination in public—

(a) is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council), but

(b) is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992.”

Gender Recognition Act 2004 (c. 7) U.K.

F105 60 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 Sch. 8 para. 60 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Civil Contingencies Act 2004 (c. 36) U.K.

F106 61 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Sch. 8 para. 61 omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 37(b)

Constitutional Reform Act 2005 (c. 4) U.K.

62 U.K. The Constitutional Reform Act 2005 is amended as follows.

63 U.K. In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—

“(da) Senior President of Tribunals;”.

64 U.K. In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—

(a) omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and

(b) omit the entry for paragraph 7(4) of Schedule 5 to that Act.

Commencement Information

I13 Sch. 8 para. 64 partly in force; Sch. 8 para. 64 not in force at Royal Assent see s. 148; Sch. 8 para. 64(b) in force at 3.11.2008 by S.I. 2007/2696, art. 5(c)

F107 65 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Sch. 8 para. 65 omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 28; S.I. 2013/2200, art. 2(c)

Commencement Information

I14 Sch. 8 para. 65 wholly in force at 3.11.2008; Sch. 8 para. 65 not in force at Royal Assent see s. 148; Sch. 8 para. 65(1)(2) in force and Sch. 8 para. 65(3) in force for certain purposes at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i)(ii) and Sch. 8 para. 65(3) in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iv)

66 (1) Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows. U.K.

(2) In Part 1 (appointments by Her Majesty), at the end insert—

“Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007”

(3) In Part 3 (appointments by Lord Chancellor to offices to which paragraph 2(2)(d) of Schedule 12 applies), at the end insert—

“Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act	Section 7(7) of the Tribunals, Courts and Enforcement Act 2007
Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007”

Section 48(2)

SCHEDULE 9 U.K. Tribunals: transitional provision

Part 1 U.K. General and miscellaneous

Introductory U.K.

1 U.K. The following provisions of this Schedule are to be taken not to prejudice the generality of sections 31(9) and 145(1).

Membership of Tribunal Procedure Committee U.K.

2 (1) The Lord Chancellor may by order make provision for a person— U.K.

(a) who is a scheduled tribunal, or

(b) who is a member of a scheduled tribunal,

to be treated for the purposes of sub-paragraph (1) of paragraph 22 of Schedule 5 as falling within paragraph (a), (b) or (c) of that sub-paragraph.

(2) In sub-paragraph (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

(3) The power under sub-paragraph (1) may not be exercised so as to provide for the Secretary of State to be treated as mentioned in that sub-paragraph.

Part 2 U.K. Judges and other members of First-Tier and Upper Tribunals: retirement dates

Interpretation of Part 2 of Schedule U.K.

3 (1) For the purposes of this Part of this Schedule— U.K.

(a) “relevant judicial office” means—

(i) the office of transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2)),

(ii) an office to which a person is appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 (judge, or other member, of the First-tier Tribunal or of the Upper Tribunal),

(iii) the office of deputy judge of the Upper Tribunal (whether under section 31(2) or under paragraph 7 of Schedule 3),

(iv) the office of Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of the Upper Tribunal, or

(v) the office of Senior President of Tribunals;

(b) “relevant day”, in relation to a person who holds a relevant judicial office, means the day when he was appointed to that office or, if he holds that office as the latest in an unbroken succession of different relevant judicial offices, the day when he was appointed to the first of the offices in that succession;

(c) an office is a “qualifying office” at any particular time (but see sub-paragraph (2)) if—

(i) the office is that of member of a tribunal which at that time is in a list in Schedule 6, or

(ii) the office itself is at that time in a list in Schedule 6,

and (in either case) the list has effect at that time for the purposes of section 30;

(d) “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

(2) Where—

(a) a person held two or more qualifying offices (“the actual offices”) immediately before the relevant day, and

(b) at that time the person held at least one of the actual offices on a salaried basis and held at least one of the actual offices on a non-salaried basis,

the person shall be treated for the purposes of paragraphs 6 and 7 as not having held immediately before the relevant day any of the actual offices that the person held on a non-salaried basis at that time.

(3) For the purposes of sub-paragraph (2)—

(a) a person holds an office on a salaried basis at any particular time if, at that time, the person's service in the office is remunerated by payment of a salary, and

(b) a person holds an office on a non-salaried basis at any particular time if, at that time, the person's service in the office—

(i) is remunerated by the payment of fees,

(ii) is remunerated by the payment of a supplement to the salary payable to him in respect of his service in another office, or

(iii) is unremunerated.

Retirement from First-tier and Upper Tribunals: application of paragraphs 5 to 8 U.K.

4 U.K. Paragraphs 5 to 8 apply where a person holds a relevant judicial office.

Retirement later than age [F108 75] in certain cases where office previously held in another tribunal U.K.

Textual Amendments

F108 Word in Sch. 9 para. 5 cross-heading substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(a)(i) (with Sch. 1 para. 43)

5 (1) F109 ... Sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7. U.K.

(2) In sub-paragraphs (3) and (4) F110 ...—

(a) if the person has a personal retirement date under just one of paragraphs 6 and 7 or has the same personal retirement date under each of those paragraphs, “the special date” means that date;

(b) if the person has a personal retirement date under each of those paragraphs and those dates are different, “the special date” means the later of those dates.

(3) Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date.

(4) The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person's case.

Textual Amendments

F109 Words in Sch. 9 para. 5(1) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(a)(ii) (with Sch. 1 para. 43)

F110 Words in Sch. 9 para. 5(2) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(a)(iii) (with Sch. 1 para. 43)

Cases where retirement from existing office would be after age [F111 75] U.K.

Textual Amendments

F111 Word in Sch. 9 para. 6 cross-heading substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(b)(i) (with Sch. 1 para. 43)

6 (1) Sub-paragraphs (2) and (3) apply where, immediately before the relevant day, the person— U.K.

(a) held a qualifying office, and

(b) was required to vacate the qualifying office on a day later than the day on which he attains the age of [F112 75].

(2) The person's personal retirement date under this paragraph is the later day mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3).

(3) If—

(a) there are two or more qualifying offices each of which is one that, immediately before the relevant day, the person—

(i) held, and

(ii) was required to vacate on a day later than the day on which he attains the age of [F113 75], and

(b) the later day mentioned in paragraph (a)(ii) is not the same for each of those offices,

the person's personal retirement date under this paragraph is the latest (or later) of those later days.

Textual Amendments

F112 Word in Sch. 9 para. 6(1)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(b)(ii) (with Sch. 1 para. 43)

F113 Word in Sch. 9 para. 6(3)(a)(ii) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(b)(iii) (with Sch. 1 para. 43)

Cases where no requirement to retire from existing office U.K.

7 (1) Sub-paragraph (2) applies where— U.K.

(a) immediately before the relevant day, the person held, on an unlimited basis, a qualifying office or two or more qualifying offices, and

(b) the relevant day falls after the day on which the person attains the age of [F114 74].

(2) The person's personal retirement date under this paragraph is the last day of the 12 months beginning with the day after the relevant day.

(3) For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Textual Amendments

F114 Word in Sch. 9 para. 7(1)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(c) (with Sch. 1 para. 43)

Interaction between rules under paragraph 5, and rules under Schedule 7 to the 1993 Act, in cases where office held on 30th March 1995 U.K.

F115 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 9 para. 8 omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(d) (with Sch. 1 para. 43)

Eligibility for appointment after having attained age of [F116 75] U.K.

Textual Amendments

F116 Word in Sch. 9 para. 9 cross-heading substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(e)(i) (with Sch. 1 para. 43)

9 (1) Sub-paragraph (3) applies in respect of a person on each day that— U.K.

(a) is, or is later than, the day on which the person attains the age of [F117 75],

(b) is a day on which the person holds a qualifying office, and

(c) is earlier than the day on which the person is required to vacate the qualifying office.

(2) Sub-paragraph (3) also applies in respect of a person on each day that—

(a) is, or is later than, the day on which the person attains the age of [F118 75], and

(b) is a day on which the person holds, on an unlimited basis, a qualifying office.

(3) Where this sub-paragraph applies in respect of a person on a day, the fact that the person has attained the age of [F119 75] shall not (by itself) render him ineligible for appointment (or re-appointment) on that day to a relevant judicial office.

(4) For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Textual Amendments

F117 Word in Sch. 9 para. 9(1)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(e)(ii) (with Sch. 1 para. 43)

F118 Word in Sch. 9 para. 9(2)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(e)(iii) (with Sch. 1 para. 43)

F119 Word in Sch. 9 para. 9(3) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(6)(e)(iv) (with Sch. 1 para. 43)

Part 3 U.K. Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

Interpretation of Part 3 of Schedule U.K.

10 U.K. For the purposes of this Part of this Schedule—

(a) “new office” means—

(i) the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(ii) the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(iii) the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(iv) the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal;

(b) a person holds an office “on a salaried basis” if and so long as, and to the extent that—

(i) the person's service in the office is remunerated by payment of a salary, and

(ii) the salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;

(c) a person shall be regarded as holding “qualifying judicial office” at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to the 1993 Act, and any reference to a “qualifying judicial office” is a reference to any office specified in that Schedule if it is held on a salaried basis;

(d) “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously held U.K.

11 (1) Sub-paragraphs (2) and (3) apply where— U.K.

(a) a person becomes, as a result of provision under section 31(2), the holder of a new office,

(b) before that, the person has never held qualifying judicial office, and

(c) the person, on becoming the holder of the new office, holds the new office on a salaried basis.

(2) Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person.

(3) The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him.

(4) Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3).

(5) Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).

Election under paragraph 11(3) for pension under Part 1 of the 1993 Act U.K.

12 (1) In this paragraph “opt-in election” means an election under paragraph 11(3). U.K.

(2) An opt-in election may be made only in such circumstances, within such time and in such manner as the Lord Chancellor may by regulations prescribe.

(3) An opt-in election is irrevocable.

(4) Regulations under sub-paragraph (2) may permit the making of an opt-in election even though the person in respect of whom the opt-in election is made—

(a) has ceased (whether by virtue of dying or otherwise) to hold the office mentioned in paragraph 11(1)(a), or

(b) has ceased to hold that office on a salaried basis without having ceased to hold that office.

(5) Where regulations under sub-paragraph (2) permit the making of an opt-in election in respect of a person who has died, the right to make that election is exercisable by the person's personal representatives.

(6) The Lord Chancellor may by regulations provide for a person in respect of whom an opt-in election is made to be treated for such purposes as may be prescribed by the regulations as if the person had, at such times as may be prescribed by the regulations, been a person to whom Part 1 of the 1993 Act applies.

(7) An opt-in election may not be made in respect of a person at any time when an election made under section 13 of the 1993 Act (election to opt out of Part 1 of the 1993 Act) is in force in respect of the person.

Commencement Information

I15 Sch. 9 para. 12 wholly in force at 3.11.2008; Sch. 9 para. 12 not in force at Royal Assent see s. 148(5); Sch. 9 para. 12(2) in force at 19.9.2007 by S.I. 2007/2709, art. 2(d); Sch. 9 para. 12(1)-(3)-(7) in force at 3.11.2008 by S.I. 2008/2696, art. 5(d)

Continuation of existing public service pension arrangements in certain cases U.K.

13 (1) Sub-paragraph (2) applies if— U.K.

(a) a person, as a result of provision under section 31(2), becomes the holder of a new office,

(b) either—

(i) the person held qualifying judicial office immediately before 31st March 1995, or

(ii) before becoming the holder of the new office, the person has never held qualifying judicial office,

(c) immediately before the person becomes the holder of the new office—

(i) the person holds an office within paragraph (a), (b) or (c) of section 31(2) (the “old office”), and

(ii) the person's service in the old office is subject to a public service pension scheme,

(d) the person, on becoming the holder of the new office, holds the new office on a salaried basis, and

(e) immediately after the person becomes the holder of the new office, the person—

(i) is not a person to whom Part 1 of the 1993 Act applies, and

(ii) is not a person to whom that Part would apply but for section 13 of that Act.

(2) The person's service in the new office, so far as it is service during the continuity period—

(a) shall be subject to that public service pension scheme, and

(b) shall be subject to that scheme in a way that corresponds to the way in which the person's service in the old office was subject to that scheme.

(3) In sub-paragraph (2) “the continuity period” means the period—

(a) that begins when the person becomes the holder of the new office on a salaried basis, and

(b) that ends with whichever of the following first happens after that—

(i) the person's ceasing to hold the new office,

(ii) the person's ceasing to hold the new office on a salaried basis without ceasing to hold the new office,

(iii) the person's becoming a person to whom Part 1 of the 1993 Act applies, and

(iv) the person's becoming a person to whom Part 1 of the 1993 Act would apply but for section 13 of that Act.

(4) For the purposes of sub-paragraph (1)(c)(ii), the person's service in the old office is not to be treated as subject to a public service pension scheme at a time when the scheme does not apply to him as a result of his having exercised a right to elect for the scheme not to apply to him.

(5) A public service pension scheme which, apart from sub-paragraph (2), would not be a judicial pension scheme for the purposes of the 1993 Act does not become a judicial pension scheme for those purposes if it is only as a result of sub-paragraph (2) that pensions and other benefits are payable under the scheme in respect of service in qualifying judicial office.

(6) In this paragraph “public service pension scheme” means any public service pension scheme, as defined in—

(a) section 1 of the Pension Schemes Act 1993 (c. 48), or

(b) section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).

Part 4 U.K. Amendments to the Judicial Pensions and Retirement Act 1993

14 U.K. The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows.

15 (1) Section 1 (application of Part 1: judicial pensions) is amended as follows. U.K.

(2) In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insert “and

(e) to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;”.

(3) In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “ and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal) ”.

(4) After subsection (4) insert—

“(4A) The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if—

(a) the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”);

(b) the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and

(c) the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office.

(4B) The offices within this subsection are—

(a) the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(b) the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(c) the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(d) the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.”

16 U.K. In section 9(4) (contribution towards cost of surviving spouse's, surviving civil partner's and surviving children's pension), for “or (d) above,” substitute “ , (d) or (e) above or in the case of persons to whom this Part applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007, ”.

17 (1) In section 12(1) (transfer of accrued benefits under judicial pension schemes in certain cases where person held qualifying judicial office before 31st March 1995)— U.K.

(a) for “or (d)” substitute “ , (d) or (e) ”,

(b) after “of section 1(1) above” insert “ or by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 ”, and

(c) omit paragraph (b) (which is superseded by the new section 12B inserted by this Part of this Schedule).

(2) In the sidenote to section 12, for the words after “Transfer of rights” substitute “ under judicial pension schemes ”.

18 U.K. After section 12 insert—

“12A Transfer of rights under other public service pension schemes

(1) Where this Part—

(a) begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or

(b) begins to apply to a person—

(i) by virtue of section 1(1)(e) above, or

(ii) by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,

any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part.

(2) Where a person's rights under a public service pension scheme are transferred under subsection (1) above—

(a) that scheme shall no longer have effect in relation to him, and

(b) no pension or lump sum under the scheme shall be paid to or in respect of him.

(3) Regulations may make provision—

(a) for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

(b) prescribing the manner in which those rights are to be given effect under this Part.

(4) Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed.

(5) For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below.

(6) A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than—

(a) the principal civil service pension scheme, or

(b) the principal civil service pension scheme for the civil service of Northern Ireland.

(7) A person's rights—

(a) under the principal civil service pension scheme, or

(b) under the principal civil service pension scheme for the civil service of Northern Ireland,

are not “relevant public service pension rights” if they are transferred under section 12 above.

(8) A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights.

(9) In this section—

• “prescribe” means prescribe in regulations;

• “public service pension scheme” means any public service pension scheme, as defined in—

  (a)

  section 1 of the Pension Schemes Act 1993, or

  (b)

  section 1 of the Pension Schemes (Northern Ireland) Act 1993;

• “qualifying tribunal service” means—

  (a)

  service as, or as a member of, a tribunal specified in a list in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 that has effect for the purposes of section 30 of that Act, or

  (b)

  service as an authorised decision-maker for a tribunal, within the meaning given by section 31(4) of that Act;

• “regulations” means regulations made by the Lord Chancellor with the concurrence of the Treasury.

12B Rate of pension etc. where rights transferred under section 12 or 12A

Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to—

(a) any rights of his that are transferred under section 12 above,

(b) any rights of his that are transferred under section 12A above, and

(c) his service in qualifying judicial office on or after the day on which this Part first applies to him.”

19 U.K. In section 23 (which provides that Schedule 2 does not apply to transfers under section 12), after “section 12” insert “ or 12A ”.

Section 50

SCHEDULE 10 U.K. Amendments relating to judicial appointments

Part 1 U.K. Amendments

1 (1) Paragraph 2A of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53) (legally qualified member of Pensions Appeal Tribunals) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In paragraphs (b) and (c), for “7” substitute “ 5 ”.

2 (1) Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows. U.K.

(2) For subsection (1)(b) (tribunal of appeal: Lord Chancellor's nominee) substitute—

“(b) A person is eligible to be nominated by the Lord Chancellor under paragraph (a) or (h) of this subsection only if the person—

(i) is a solicitor of the Senior Courts of England and Wales,

(ii) is a barrister in England and Wales, or

(iii) has a qualification that is specified under subsection (4) of this section;”.

(3) After subsection (3) insert—

“(4) The Lord Chancellor may by order specify a qualification for the purposes of paragraph (b) of subsection (1) of this section.

(5) Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of and procedure for orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (4) of this section as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6) For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken first to become a barrister—

(a) when the person completes pupillage in connection with becoming a barrister, or

(b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7) For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (4) of this section, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.”

(4) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 109(1)(b) substituted by sub-paragraph (2) is to be read as a reference to the Supreme Court.

3 (1) Paragraph 2A(2) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) (legally qualified members of Pensions Appeal Tribunals) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In paragraphs (b) and (c), for “seven” substitute “ five ”.

4 U.K. In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of agricultural land tribunal), for the words from “person” to the end substitute “ person who satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

5 U.K. F120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 Sch. 10 para. 5 repealed (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(5), Sch. 4 (with Sch. 5)

6 (1) The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows. U.K.

(2) In section 31(1) (Judge Advocate General)—

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b) in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

(3) In section 31(2) (Vice Judge Advocate General and assistants)—

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b) in paragraphs (b) and (c), for “7” (in each place where it occurs) substitute “ 5 ”.

7 U.K. In section 12(2) of the City of London (Courts) Act 1964 (c. iv) (Common Serjeant), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

8 (1) Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special Commissioners) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3) In paragraphs (b) and (c), for “10” substitute “ 7 ”.

9 (1) The Courts Act 1971 (c. 23) is amended as follows. U.K.

(2) In section 16(3) (Circuit judges), for paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3) In section 21(2) (recorders), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

F121 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 10 para. 9(4) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 89(2)(l); S.I. 2013/1725, art. 2(g)

10 (1) Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows. U.K.

(2) For sub-paragraph (i) substitute—

“(i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In sub-paragraphs (ii) and (iii), for “7” substitute “ 5 ”.

11 U.K. F122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Sch. 10 para. 11 repealed (1.9.2009) by The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009 (S.I. 2009/1835), art. 4(3), Sch. 3 (with Sch. 4)

12 (1) Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows. U.K.

(2) For sub-paragraph (i) substitute—

“(i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”.

(3) In sub-paragraph (ii), for “7” substitute “ 5 ”.

13 (1) The Supreme Court Act 1981 (c. 54) is amended as follows. U.K.

(2) In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in paragraphs (b) and (c), for sub-paragraph (i) substitute—

“(i) he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”.

(3) For Schedule 2 (eligibility for appointment to certain offices) substitute—

Sections 88 to 95

“SCHEDULE 2 U.K. List of offices in Senior Courts for purposes of Part 4

Part 1 U.K.

Office	Persons qualified
Official Solicitor	A person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).

Part 2 U.K.

Office	Persons qualified
Master, Queen's Bench Division	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals	A person who satisfies the judicial-appointment eligibility condition on a 7-year basis.
Admiralty Registrar	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Master, Chancery Division	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Registrar in Bankruptcy of the High Court	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Taxing Master of the Senior Courts	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
District judge of the principal registry of the Family Division	1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis. 2. A district probate registrar who either— (a) is of at least 5 years' standing, or (b) has, during so much of the 5 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry. 3. A civil servant who has served at least 7 years in the principal registry or a district probate registry.

Part 3 U.K.

Office	Persons qualified
District probate registrar	1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis. 2. A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.”

(4) Part 2 of the Schedule substituted by sub-paragraph (3) of this paragraph shall have effect until the coming into force of section 45(6) of the Mental Capacity Act 2005 (c. 9) as if it also contained the following entry—

“Master of the Court of Protection

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.”

(5) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the references to the Senior Courts in the Schedule substituted by sub-paragraph (3) of this paragraph are to be read as references to the Supreme Court.

14 U.K. In section 130(2) of the Representation of the People Act 1983 (c. 2) (election court), for paragraph (a) substitute—

“(a) unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”.

15 U.K. In section 9 of the County Courts Act 1984 (c. 28) (district judges and deputy district judges), for the words from “he has” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

16 (1) Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3) In paragraphs (b) and (c), for “10” substitute “ 7 ”.

17 (1) Paragraph 2 of Schedule 4 to the Transport Act 1985 (c. 67) is amended as follows. U.K.

(2) In sub-paragraph (2) (president of Transport Tribunal)—

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b) in paragraph (b), for “10” substitute “ 7 ”.

(3) In sub-paragraph (2A) (chairmen)—

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b) in paragraph (b), for “7” substitute “ 5 ”.

18 (1) Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person appointed to receive representations) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In paragraphs (b) and (c), for “7” substitute “ 5 ”.

F123 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Sch. 10 para. 19 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(16)(b); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

20 (1) Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48) (chairman and deputy chairman of Copyright tribunal) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In paragraphs (b) and (c), for “7” substitute “ 5 ”.

21 U.K. In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing Appeal Tribunals), for subsection (7) substitute—

“(7) A person is eligible for appointment as Chairman of a Tribunal only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.”

22 (1) The Child Support Act 1991 (c. 48) is amended as follows. U.K.

(2) F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “ 7 ”.

(4) F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 Sch. 10 para. 22(2)(4)(5) repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(q)

23 U.K. F125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125 Sch. 10 para. 23 repealed (1.9.2009) by The Transfer of Functions of the Charity Tribunal Order 2009 (S.I. 2009/1834), art. 4(3), Sch. 3 (with Sch. 4)

24 (1) Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows. U.K.

(2) In paragraph 2(2) (President of VAT and duties tribunals)—

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b) in paragraphs (b) and (c), for “10” substitute “ 7 ”.

(3) In paragraph 7(4) (panel of chairmen)—

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b) in paragraph (b) and in the words after that paragraph, for “7” substitute “ 5 ”.

25 (1) Section 77(2) of the Trade Marks Act 1994 (c. 26) (persons appointed to decide appeals from registrar) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In paragraphs (b) and (c), for “7” substitute “ 5 ”.

26 (1) Sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c. 21) (arbitrators) are amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3) In paragraphs (b) and (c), for “10” substitute “ 7 ”.

27 U.K. In paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16) (legally qualified member of Police Appeals Tribunals), for the words from “have a seven” to “1990” substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis ”.

F126 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Sch. 10 para. 28 omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 6(g); S.I. 2021/373, art. 8(j)(xvi)

29 U.K. F127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Sch. 10 para. 29 repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(r)

30 U.K. F128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 Sch. 10 para. 30 repealed (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Sch. 4 Pt. 1

31 U.K. F129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 10 para. 31 repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(q)

32 U.K. F130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 Sch. 10 para. 32 repealed (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Sch. 4 Pt. 1

33 (1) Paragraph 1(1) of Schedule 3 to the Regulation of Investigatory Powers Act 2000 (c. 23) (members of tribunal) is amended as follows. U.K.

(2) For paragraph (b) substitute—

“(b) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3) In paragraphs (c) and (d), for “ten” substitute “ seven ”.

34 U.K. F131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Sch. 10 para. 34 repealed (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Sch. 4 Pt. 2

35 (1) The Land Registration Act 2002 (c. 9) is amended as follows. U.K.

(2) In section 107(2) (Adjudicator to Her Majesty's Land Registry), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 7-year basis. ”

(3) In paragraph 4(2) of Schedule 9 (delegation by adjudicator of non-administrative functions to staff), for the words from “has” to the end substitute “ satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

36 (1) Paragraph 1 of Schedule 2 to the Enterprise Act 2002 (c. 40) is amended as follows. U.K.

(2) In sub-paragraph (1) (President of Competition Appeal Tribunal)—

(a) for paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b) in paragraphs (b) and (c), for “10” substitute “ 7 ”.

(3) In sub-paragraph (2) (chairmen)—

(a) for paragraph (a) substitute—

“(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b) in paragraphs (b) and (c), for “7” substitute “ 5 ”.

37 U.K. F132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 10 para. 37 repealed (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 3 (with Sch. 4)

38 (1) The Courts Act 2003 (c. 39) is amended as follows. U.K.

(2) In section 22(1) (District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis ”.

(3) In section 24(1) (Deputy District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis ”.

39 U.K. In section 81(2)(a) of the Traffic Management Act 2004 (c. 18) (adjudicators), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis; ”.

40 U.K. F133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134

Textual Amendments

F133 Sch. 10 para. 40 repealed (N.I.) (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(3), 5(2), Sch. 3 (with Sch. 2); S.R. 2010/101, art. 2

F134 Sch. 10 para. 40 repealed (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Sch. 4 Pt. 2

41 (1) Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the Supreme Court) is amended as follows. U.K.

(2) In subsection (1), for paragraph (b) and the word “or” immediately preceding it substitute—

“(b) satisfied the judicial-appointment eligibility condition on a 15-year basis, or

(c) been a qualifying practitioner for a period of at least 15 years.”

(3) In subsection (2), omit paragraph (a).

42 U.K. In paragraph 1(2) of Schedule 3 to the Education Act 2005 (c. 18) (Chairman of tribunal hearing appeals under section 27 of that Act), for the words from “have a” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis. ”

43 U.K. F135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 Sch. 10 para. 43 repealed (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Sch. 4 Pt. 1

44 U.K. F136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Sch. 10 para. 44 repealed (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Sch. 4 Pt. 1

Part 2 U.K. Amendments relating to enactments already repealed

45 (1) This Part of this Schedule contains amendments of enactments that have already been repealed by provisions of other Acts. U.K.

(2) In each case—

(a) the repealing provision is specified in relation to the enactment being amended, and

(b) the amendment has effect only until the repealing provision is fully commenced in relation to the enactment amended.

46 (1) In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in Ordinary)— U.K.

(a) for the words from “for not less than fifteen” to the end of paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 15-year basis;”, and

(b) at the beginning of each of paragraphs (b) and (c) insert “ for not less than fifteen years, ”.

(2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is paragraph 9 of Schedule 17 to the Constitutional Reform Act 2005 (c. 4).

47 (1) In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge Advocate of Her Majesty's Fleet)— U.K.

(a) for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b) in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

(2) In section 84B(2) of each of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) and the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (judge advocates), for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3) In section 103B(5) of each of those Acts (qualified officers in field general courts-martial), for paragraph (a) substitute—

“(a) a person who is a barrister or solicitor in England and Wales;”.

(4) In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates), for paragraph (a) substitute—

“(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(5) In relation to the enactments referred to in sub-paragraphs (1) to (4), the repealing provision is Schedule 17 to the Armed Forces Act 2006 (c. 52).

48 (1) In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) (chairman of Levy Appeal Tribunal)— U.K.

(a) for sub-paragraph (i) substitute—

“(i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b) in sub-paragraph (ii), for “7” substitute “ 5 ”.

(2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is section 356(3)(f) of the Gambling Act 2005 (c. 19).

49 (1) In section 17(1)(a) of the Commons Registration Act 1965 (c. 64) (Commons Commissioners), for the words from “persons” to “1990,” substitute “ persons who satisfy the judicial-appointment eligibility condition on a 5-year basis ”. U.K.

(2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 6 to the Commons Act 2006 (c. 26).

50 (1) In section 73(4) of the Road Traffic Act 1991 (c. 40) (parking adjudicator), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis. ” U.K.

(2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 12 to the Traffic Management Act 2004 (c. 18).

Section 56

SCHEDULE 11 U.K. District judges and deputy district judges

Supreme Court Act 1981 (c. 54) U.K.

1 U.K. The Supreme Court Act 1981 is amended as set out in paragraphs 2 and 3.

2 U.K. In section 100 (district judges), after subsection (4) insert—

“(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”

3 (1) Section 102 (deputy district judges) is amended as follows. U.K.

(2) For subsections (1) and (2) (appointment of deputy district judges to district registries) substitute—

“(1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district judge.

(1A) A person is qualified for appointment under subsection (1) only if the person—

(a) is qualified for appointment as a district judge, or

(b) holds, or has held, the office of district judge.

(1B) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a) holds the office of district judge, or

(b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1C) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.”

(3) In subsection (3) (former district judge may be appointed as deputy even though too old to be appointed as a district judge, but no appointment by virtue of the subsection may extend beyond age 75), for the words from the beginning to “by virtue of this subsection” substitute “ No appointment to which subsection (1B) applies ”.

(4) For subsection (4) (powers of deputy district judges) substitute—

“(4A) The Lord Chief Justice, after consulting the Lord Chancellor—

(a) may assign a deputy district judge appointed under this section to one or more district registries;

(b) may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).

(4B) A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.

(4C) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.”

(5) After subsection (5) insert—

“(5A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1B) or (4A).”

4 (1) This paragraph applies to a person holding office as a deputy district judge under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an appointment made before the commencement of paragraph 3 (“the commencement date”). U.K.

(2) If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 102(1B) of that Act had applied to his appointment (and had been complied with).

(3) The person is to be treated after the commencement date as assigned under section 102(4A) of that Act to the district registry for which he was appointed.

County Courts Act 1984 (c. 28) U.K.

5 U.K. The County Courts Act 1984 is amended as set out in paragraphs 6 to 9.

F137 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Sch. 11 para. 6 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 141; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

7 (1) Section 8 (deputy district judges) is amended as follows. U.K.

(2) For subsection (1) (appointment and powers of deputy district judges) substitute—

“(1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge.

(1ZA) A person is qualified for appointment under subsection (1) only if the person—

(a) is qualified for appointment as a district judge, or

(b) holds, or has held, the office of district judge.

(1ZB) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a) holds the office of district judge, or

(b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1ZC) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.”

(3) In subsection (1A)(a) (duration of appointment as deputy district judge of person who previously held office as district judge), for “if he has previously held office as a district judge,” substitute “ if subsection (1ZB) applies to the appointment, ”.

(4) After subsection (1A) insert—

“(1B) The Lord Chief Justice, after consulting the Lord Chancellor—

(a) may assign a deputy district judge appointed under this section to one or more districts;

(b) may change an assignment so as to assign the deputy district judge to a different district or districts (or to no district).

(1C) A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district.

(1D) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.”

(5) After subsection (3) insert—

“(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1ZB) or (1B).”

8 U.K. In section 9(qualifications for appointment as a district judge, or as a deputy district judge for a county court district)—

(a) omit “, or deputy district judge”, and

(b) in the heading, after “Qualifications” insert “ for appointment as district judge ”.

9 U.K. In section 147(1) (interpretation of Act), in the definition of “officer” (which provides that “officer”, in relation to a county court, includes a district judge or deputy district judge of that court), for the words after “means” and before “and any clerk” substitute “ any district judge or deputy district judge assigned to that court ”.

10 (1) This paragraph applies to a person holding office as a deputy district judge under section 8 of the County Courts Act 1984 (c. 28) by virtue of an appointment made before the commencement of paragraph 7 (“the commencement date”). U.K.

(2) If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 8(1ZB) of that Act had applied to his appointment (and had been complied with).

(3) If sub-paragraph (2) does not apply, the person is to be treated after the commencement date as appointed under section 8(1) of that Act.

(4) The person is to be treated after the commencement date as assigned under section 8(1B) of that Act to the county court district for which he was appointed.

Judicial Pensions and Retirement Act 1993 (c. 8) U.K.

11 U.K. The Judicial Pensions and Retirement Act 1993 is amended as follows.

12 U.K. In section 26(7) (certain offices for which retirement date is age 75), for paragraph (g) (certain deputy district judges) substitute—

“(g) hold office as a deputy district judge if either section 102(1B) of that Act (former district judge appointed as deputy in the High Court) or section 8(1ZB) of the County Courts Act 1984 (former district judge appointed as deputy in the county courts) applied to the appointment;”.

13 (1) Schedule 5 (“the relevant offices” for the purposes of the retirement provisions) is amended as follows. U.K.

(2) In the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, for the words after “except in a case where” substitute “subsection (1B) of that section applied to the appointment of the person in question”.

(3) In the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, for the words after “except in a case where” substitute “subsection (1ZB) of that section applied to the appointment of the person in question”.

Courts Act 2003 (c. 39) U.K.

14 U.K. In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in the entry for a deputy district judge for a county court district, for “for a county court district” substitute “ appointed under section 8 of the County Courts Act 1984 ”.

Constitutional Reform Act 2005 (c. 4) U.K.

15 U.K. In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices to which appointments are made by the Lord Chancellor)—

(a) in the entry for a deputy district judge in a district registry of the High Court, omit “in a district registry of the High Court”, and

(b) in the entry for a deputy district judge for a county court district, omit “for a county court district”.

Section 62(1)

SCHEDULE 12 E+W Taking control of goods

Modifications etc. (not altering text)

C1 Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)

C2 Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

C3 Sch. 12 applied by S.I. 2013/2605, art. 21K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8)

C4 Sch. 12 applied by S.I. 2014/1893, art. 34K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 20)

Part 1 E+W Introductory

The procedure E+W

1 (1) Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it. E+W

(2) In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

(3) The following apply in relation to an enforcement power.

(4) “Debt” means the sum recoverable.

(5) “Debtor” means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them.

(6) “Creditor” means the person for whom the debt is recoverable.

Commencement Information

I16 Sch. 12 para. 1 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Enforcement agents E+W

2 (1) In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent. E+W

(2) Only an enforcement agent may take control of goods and sell them under an enforcement power.

(3) An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person.

(4) In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.

Commencement Information

I17 Sch. 12 para. 2 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

General interpretation E+W

3 (1) In this Schedule— E+W

• “amount outstanding” is defined in paragraph 50(3);

• “control” (except in paragraph 5(4)(a)) means control under an enforcement power;

• “controlled goods” means goods taken control of that—

  (a)

  have not been sold or abandoned,

  (b)

  if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), and

  (c)

  if they are goods of another person, have not been returned to that person;

• “controlled goods agreement” has the meaning given by paragraph 13(4);

• “co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—

  (a)

  knows that the person has an interest in the particular goods, or

  (b)

  would know, if he made reasonable enquiries;

• “the court”, unless otherwise stated, and subject to rules of court, means—

  (a)

  the High Court, in relation to an enforcement power under a writ of the High Court;

  (b)

  [F138 the county court], in relation to an enforcement power under a warrant issued by [F138 the county court];

  (c)

  in any other case, a magistrates' court;

• “disposal” and related expressions, in relation to securities, are to be read in accordance with paragraph 48(2);

• “exempt goods” means goods that regulations exempt by description or circumstances or both;

• “goods” means property of any description, other than land;

• “interest” means a beneficial interest;

• “money” means money in sterling or another currency;

• “premises” means any place, and in particular includes—

  (a)

  a vehicle, vessel, aircraft or hovercraft;

  (b)

  a tent or movable structure;

• “securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.

(2) In this Schedule—

(a) references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but

(b) references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.

Textual Amendments

F138 Words in Sch. 12 para. 3(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I18 Sch. 12 para. 3(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(i)

I19 Sch. 12 para. 3(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I20 Sch. 12 para. 3(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Part 2 E+W The procedure

Binding property in the debtor's goods E+W

4 (1) For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph. E+W

(2) Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.

(3) Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.

(4) Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.

Commencement Information

I21 Sch. 12 para. 4 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Effect of property in goods being bound E+W

5 (1) An assignment or transfer of any interest of the debtor's in goods while the property in them is bound for the purposes of an enforcement power— E+W

(a) is subject to that power, and

(b) does not affect the operation of this Schedule in relation to the goods, except as provided by paragraph 61 (application to assignee or transferee).

(2) Sub-paragraph (1) does not prejudice the title to any of the debtor's goods that a person acquires—

(a) in good faith,

(b) for valuable consideration, and

(c) without notice.

(3) For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(4) In sub-paragraph (2)(c) “notice” means—

(a) where the property in the goods is bound by a writ or warrant, notice that the writ or warrant, or any other writ or warrant by virtue of which the goods of the debtor might be seized or otherwise taken control of, had been received by the person who was under a duty to endorse it and that goods remained bound under it;

(b) where the property in the goods is bound by notice under paragraph 7(1), notice that that notice had been given and that goods remained bound under it.

(5) In sub-paragraph (4)(a) “endorse” in relation to a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, means endorse under that section.

Commencement Information

I22 Sch. 12 para. 5 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Time when property ceases to be bound E+W

6 (1) For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph. E+W

(2) The property in any goods ceases to be bound—

(a) when the goods are sold;

(b) in the case of money used to pay any of the amount outstanding, when it is used.

(3) The property in all goods ceases to be bound when any of these happens—

(a) the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b) the instrument under which the power is exercisable ceases to have effect;

(c) the power ceases to be exercisable for any other reason.

Commencement Information

I23 Sch. 12 para. 6 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Notice of enforcement E+W

7 (1) An enforcement agent may not take control of goods unless the debtor has been given notice. E+W

(2) Regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(c) what it must contain;

(d) how it must be given;

(e) who must give it.

(3) The enforcement agent must keep a record of the time when the notice is given.

(4) If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5) The order may be subject to conditions.

Commencement Information

I24 Sch. 12 para. 7(1)(3)(5) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I25 Sch. 12 para. 7(2)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(ii)

I26 Sch. 12 para. 7(2)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Time limit for taking control E+W

8 (1) An enforcement agent may not take control of goods after the prescribed period. E+W

(2) The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date.

(3) Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.

Commencement Information

I27 Sch. 12 para. 8 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(iii)

I28 Sch. 12 para. 8 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Goods which may be taken E+W

9 E+W An enforcement agent may take control of goods only if they are—

(a) on premises that he has power to enter under this Schedule, or

(b) on a highway.

Commencement Information

I29 Sch. 12 para. 9 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

10 E+W An enforcement agent may take control of goods only if they are goods of the debtor.

Commencement Information

I30 Sch. 12 para. 10 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

11 (1) Subject to paragraphs 9 and 10 and to any other enactment under which goods are protected, an enforcement agent— E+W

(a) may take control of goods anywhere in England and Wales;

(b) may take control of any goods that are not exempt.

(2) Regulations may authorise him to take control of exempt goods in prescribed circumstances, if he provides the debtor with replacements in accordance with the regulations.

Commencement Information

I31 Sch. 12 para. 11(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I32 Sch. 12 para. 11(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(iv)

I33 Sch. 12 para. 11(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Value of goods taken E+W

12 (1) Unless sub-paragraph (2) applies, an enforcement agent may not take control of goods whose aggregate value is more than— E+W

(a) the amount outstanding, and

(b) an amount in respect of future costs, calculated in accordance with regulations.

(2) An enforcement agent may take control of goods of higher value on premises or on a highway, only to the extent necessary, if there are not enough goods of a lower value within a reasonable distance—

(a) on a highway, or

(b) on premises that he has power to enter under this Schedule, either under paragraph 14 or under an existing warrant.

(3) For the purposes of this paragraph goods are above a given value only if it is or ought to be clear to the enforcement agent that they are.

(4) Sub-paragraph (1) does not affect the power to keep control of goods if they rise in value once they have been taken.

Commencement Information

I34 Sch. 12 para. 12(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(v)

I35 Sch. 12 para. 12(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I36 Sch. 12 para. 12(2)-(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Ways of taking control E+W

13 (1) To take control of goods an enforcement agent must do one of the following— E+W

(a) secure the goods on the premises on which he finds them;

(b) if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c) remove them and secure them elsewhere;

(d) enter into a controlled goods agreement with the debtor.

(2) Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3) Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

(a) determining the time when control is taken;

(b) prohibiting use of any of those ways for goods by description or circumstances or both.

(4) A controlled goods agreement is an agreement under which the debtor—

(a) is permitted to retain custody of the goods,

(b) acknowledges that the enforcement agent is taking control of them, and

(c) agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.

Commencement Information

I37 Sch. 12 para. 13(1)(2)(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I38 Sch. 12 para. 13(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(vi)

I39 Sch. 12 para. 13(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Entry without warrant E+W

14 (1) An enforcement agent may enter relevant premises to search for and take control of goods. E+W

(2) Where there are different relevant premises this paragraph authorises entry to each of them.

(3) This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4) If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

F139 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a) usually lives, or

(b) carries on a trade or business.

Textual Amendments

F139 Sch. 12 para. 14(5) omitted (6.4.2014) by virtue of Finance Act 2008 (c. 9), s. 129(4), Sch. 43 para. 10(2); S.I. 2014/906, art. 2

Commencement Information

I40 Sch. 12 para. 14(1) (2) (4)-(6) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I41 Sch. 12 para. 14(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(vii)

I42 Sch. 12 para. 14(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Entry under warrant E+W

15 (1) If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods. E+W

(2) Before issuing the warrant the court must be satisfied that all these conditions are met—

(a) an enforcement power has become exercisable;

(b) there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c) it is reasonable in all the circumstances to issue the warrant.

(3) The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Commencement Information

I43 Sch. 12 para. 15(1)(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I44 Sch. 12 para. 15(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(viii)

I45 Sch. 12 para. 15(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Re-entry E+W

16 (1) This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent. E+W

(2) The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.

(3) This paragraph authorises repeated entry to the same premises.

Commencement Information

I46 Sch. 12 para. 16 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

General powers to use reasonable force E+W

17 E+W Where paragraph 18 [F140 , 18A, 19 or 19A] applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.

Textual Amendments

F140 Words in Sch. 12 para. 17 substituted (6.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 25(2), 61(3); S.I. 2014/830, art. 2

Commencement Information

I47 Sch. 12 para. 17 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

18 E+W This paragraph applies if these conditions are met—

(a) the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;

(b) he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

(c) he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.

Commencement Information

I48 Sch. 12 para. 18 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

[F141 18A (1) This paragraph applies if these conditions are met— E+W

(a) the enforcement agent has power to enter the premises under paragraph 14;

(b) the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;

(c) the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

(d) the sum so payable is not a traffic contravention debt.

(2) “Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.]

Textual Amendments

F141 Sch. 12 para. 18A inserted (6.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 25(3), 61(3); S.I. 2014/830, art. 2

19 (1) This paragraph applies if these conditions are met— E+W

(a) the enforcement agent has power to enter the premises under paragraph 16;

(b) he reasonably believes that the debtor carries on a trade or business on the premises;

(c) he is acting under an enforcement power within sub-paragraph (2).

(2) The enforcement powers are those under any of the following—

(a) a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

[F142 (b) section 127 of the Finance Act 2008.]

Textual Amendments

F142 Sch. 12 para. 19(2)(b) substituted for Sch. 12, para. 19(2)(b)-(e) (6.4.2014) by Finance Act 2008 (c. 9), s. 129(4), Sch. 43 para. 10(3); S.I. 2014/906, art. 2

Commencement Information

I49 Sch. 12 para. 19 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

[F143 19A (1) This paragraph applies if these conditions are met— E+W

(a) the enforcement agent has power to enter the premises under paragraph 16;

(b) the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;

(c) the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;

(d) the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;

(e) neither paragraph 18 nor paragraph 19 applies.

(2) For the purposes of a notice under sub-paragraph (1)(d), regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(c) what it must contain;

(d) how it must be given;

(e) who must give it.

(3) The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.

(4) If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5) The order may be subject to conditions.]

Textual Amendments

F143 Sch. 12 para. 19A inserted (15.7.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), ss. 25(4), 61(3); S.I. 2013/1725, art. 2(c); S.I. 2014/830, art. 2

Application for power to use reasonable force E+W

20 (1) This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15. E+W

(2) If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

Commencement Information

I50 Sch. 12 para. 20 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

21 (1) This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15. E+W

(2) If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

Commencement Information

I51 Sch. 12 para. 21 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

22 (1) The court may not issue a warrant under paragraph 20 or include provision under paragraph 21 unless it is satisfied that prescribed conditions are met. E+W

(2) A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.

Commencement Information

I52 Sch. 12 para. 22(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(ix)

I53 Sch. 12 para. 22(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I54 Sch. 12 para. 22(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Other provisions about powers of entry E+W

23 E+W Paragraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

Commencement Information

I55 Sch. 12 para. 23 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

24 (1) The power to enter and any power to use force are subject to any restriction imposed by or under regulations. E+W

(2) A power to use force does not include power to use force against personsF144 ....

Textual Amendments

F144 Words in Sch. 12 para. 24(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(5), 61(3); S.I. 2013/1725, art. 2(d)

Commencement Information

I56 Sch. 12 para. 24(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(x)

I57 Sch. 12 para. 24(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I58 Sch. 12 para. 24(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

25 (1) The enforcement agent may enter and remain on the premises only within prescribed times of day. E+W

(2) Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.

(3) The authorisation—

(a) may be by order or in a warrant under paragraph 15;

(b) may be subject to conditions.

Commencement Information

I59 Sch. 12 para. 25(1)(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xi)

I60 Sch. 12 para. 25(1)(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I61 Sch. 12 para. 25(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

26 (1) The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of— E+W

(a) his identity, and

(b) his authority to enter the premises.

(2) The request may be made before the enforcement agent enters the premises or while he is there.

Commencement Information

I62 Sch. 12 para. 26 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

27 (1) The enforcement agent may take other people onto the premises. E+W

(2) They may assist him in exercising any power, including a power to use force.

(3) They must not remain on the premises without the enforcement agent.

(4) The enforcement agent may take any equipment onto the premises.

(5) He may leave equipment on the premises if he leaves controlled goods there.

Commencement Information

I63 Sch. 12 para. 27 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

28 (1) After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing. E+W

(2) Regulations must state—

(a) the form of the notice;

(b) what information it must give.

(3) Regulations may prescribe circumstances in which a notice need not be provided after re-entry to premises.

(4) If the debtor is on the premises when the enforcement agent is there, the enforcement agent must give him the notice then.

(5) If the debtor is not there, the enforcement agent must leave the notice in a conspicuous place on the premises.

(6) If the enforcement agent knows that there is someone else there or that there are other occupiers, a notice he leaves under sub-paragraph (5) must be in a sealed envelope addressed to the debtor.

Commencement Information

I64 Sch. 12 para. 28(1) (4)-(6) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I65 Sch. 12 para. 28(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xii)

I66 Sch. 12 para. 28(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

29 E+W If the premises are occupied by any person apart from the debtor, the enforcement agent must leave at the premises a list of any goods he takes away.

Commencement Information

I67 Sch. 12 para. 29 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

30 E+W The enforcement agent must leave the premises as effectively secured as he finds them.

Commencement Information

I68 Sch. 12 para. 30 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Goods on a highway E+W

31 (1) If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway. E+W

(2) The court may not issue a warrant unless it is satisfied that prescribed conditions are met.

(3) The warrant may require any constable to assist the enforcement agent to execute it.

(4) The power to use force is subject to any restriction imposed by or under regulations.

(5) The power to use force does not include power to use force against personsF145 ....

Textual Amendments

F145 Words in Sch. 12 para. 31(5) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(5), 61(3); S.I. 2013/1725, art. 2(d)

Commencement Information

I69 Sch. 12 para. 31(1)(3)(5) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I70 Sch. 12 para. 31(2)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiii)

I71 Sch. 12 para. 31(2)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

32 (1) The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day. E+W

(2) Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times.

(3) The authorisation may be subject to conditions.

Commencement Information

I72 Sch. 12 para. 32(1)(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiv)

I73 Sch. 12 para. 32(1)(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I74 Sch. 12 para. 32(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

33 (1) If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing. E+W

(2) Regulations must state—

(a) the form of the notice;

(b) what information it must give.

(3) If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.

(4) Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.

Commencement Information

I75 Sch. 12 para. 33(1)(3)(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I76 Sch. 12 para. 33(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xv)

I77 Sch. 12 para. 33(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Inventory E+W

34 (1) If an enforcement agent takes control of goods he must provide the debtor with an inventory of them as soon as reasonably practicable. E+W

(2) But if there are co-owners of any of the goods, the enforcement agent must instead provide the debtor as soon as reasonably practicable with separate inventories of goods owned by the debtor and each co-owner and an inventory of the goods without a co-owner.

(3) The enforcement agent must as soon as reasonably practicable provide the co-owner of any of the goods with—

(a) the inventory of those goods, and

(b) a copy of the notice under paragraph 28.

(4) Regulations must state—

(a) the form of an inventory, and

(b) what it must contain.

Commencement Information

I78 Sch. 12 para. 34(1)-(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I79 Sch. 12 para. 34(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xvi)

I80 Sch. 12 para. 34(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Care of goods removed E+W

35 (1) An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them. E+W

(2) He must comply with any provision of regulations about their care while they remain controlled goods.

Commencement Information

I81 Sch. 12 para. 35(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I82 Sch. 12 para. 35(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xvii)

I83 Sch. 12 para. 35(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Valuation E+W

36 (1) Before the end of the minimum period, the enforcement agent must— E+W

(a) make or obtain a valuation of the controlled goods in accordance with regulations;

(b) give the debtor, and separately any co-owner, an opportunity to obtain an independent valuation of the goods.

(2) In this paragraph “minimum period” means the period specified by regulations under—

(a) paragraph 49, in the case of securities;

(b) paragraph 39, in any other case.

Commencement Information

I84 Sch. 12 para. 36 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xviii)

I85 Sch. 12 para. 36 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Best price E+W

37 (1) An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule. E+W

(2) That does not apply to money that can be used for paying any of the outstanding amount, unless the best price is more than its value if used in that way.

Commencement Information

I86 Sch. 12 para. 37 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Sale E+W

38 E+W Paragraphs 39 to 42 apply to the sale of controlled goods, except where—

(a) the controlled goods are securities, or

(b) the sale is by exchange of one currency for another.

Commencement Information

I87 Sch. 12 para. 38 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

39 (1) The sale must not be before the end of the minimum period except with the agreement of the debtor and any co-owner. E+W

(2) Regulations must specify the minimum period.

Commencement Information

I88 Sch. 12 para. 39(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I89 Sch. 12 para. 39(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xix)

I90 Sch. 12 para. 39(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

40 (1) Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner. E+W

(2) Regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(c) what it must contain (besides the date, time and place of sale);

(d) how it must be given.

(3) The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(4) Any notice must be given within the permitted period.

(5) Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods.

(6) Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(7) They may extend the period more than once.

Commencement Information

I91 Sch. 12 para. 40(1) (4)-(7) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I92 Sch. 12 para. 40(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xx)

I93 Sch. 12 para. 40(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

41 (1) The sale must be by public auction unless the court orders otherwise. E+W

(2) The court may make an order only on an application by the enforcement agent.

(3) Regulations may make provision about the types of sale the court may order.

(4) In an application for an order under sub-paragraph (2) the enforcement agent must state whether he has reason to believe that an enforcement power has become exercisable by another creditor against the debtor or a co-owner.

(5) If the enforcement agent states that he does, the court may not consider the application until notice of it has been given to the other creditor in accordance with regulations (or until the court is satisfied that an enforcement power is not exercisable by the other creditor against the debtor or a co-owner).

Commencement Information

I94 Sch. 12 para. 41(1)(2)(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I95 Sch. 12 para. 41(3)(5) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxi)

I96 Sch. 12 para. 41(3)(5) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

42 E+W Regulations may make further provision about the sale of controlled goods, including in particular—

(a) requirements for advertising;

(b) provision about the conduct of a sale.

Commencement Information

I97 Sch. 12 para. 42 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxii)

I98 Sch. 12 para. 42 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Place of sale E+W

43 (1) Regulations may make provision about the place of sale of controlled goods. E+W

(2) They may prescribe circumstances in which the sale may be held on premises where goods were found by the enforcement agent.

(3) Except where the regulations provide otherwise, the sale may not be held on those premises without the consent of the occupier.

(4) Paragraphs 44 to 46 apply if the sale may be held on those premises.

Commencement Information

I99 Sch. 12 para. 43(1)(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxiii)

I100 Sch. 12 para. 43(1)(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I101 Sch. 12 para. 43(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

44 (1) The enforcement agent and any person permitted by him— E+W

(a) may enter the premises to conduct or attend the sale;

(b) may bring equipment onto the premises for the purposes of the sale.

(2) This paragraph authorises repeated entry to the premises.

(3) If necessary the enforcement agent may use reasonable force to enable the sale to be conducted and any person to enter under this paragraph.

Commencement Information

I102 Sch. 12 para. 44 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

45 (1) The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of— E+W

(a) his identity, and

(b) his authority to enter and hold the sale on the premises.

(2) The request may be made before the enforcement agent enters the premises or while he is there.

Commencement Information

I103 Sch. 12 para. 45 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

46 E+W The enforcement agent must leave the premises as effectively secured as he finds them.

Commencement Information

I104 Sch. 12 para. 46 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Holding and disposal of securities E+W

47 E+W Paragraphs 48 and 49 apply to securities as controlled goods.

Commencement Information

I105 Sch. 12 para. 47 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

48 (1) Regulations may make provision about how securities are to be held and disposed of. E+W

(2) In this Schedule, references to disposal include, in relation to securities, realising the sums secured or made payable by them, suing for the recovery of those sums or assigning the right to sue for their recovery.

(3) Regulations may in particular make provision for purposes corresponding to those for which provision is made in this Schedule in relation to the disposal of other controlled goods.

(4) The power to make regulations under this paragraph is subject to paragraph 49.

Commencement Information

I106 Sch. 12 para. 48 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxiv)

I107 Sch. 12 para. 48 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

49 (1) The creditor may sue in the name of the debtor, or in the name of any person in whose name the debtor might have sued, for the recovery of any sum secured or made payable by securities, when the time of payment arrives. E+W

(2) Before any proceedings under sub-paragraph (1) are commenced or the securities are otherwise disposed of, the enforcement agent must give notice of the disposal to the debtor and any co-owner.

(3) Regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(c) what it must contain;

(d) how it must be given.

(4) The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(5) Any notice must be given within the permitted period.

(6) Unless extended the permitted period is 12 months beginning with the time of payment.

(7) Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(8) They may extend the period more than once.

Commencement Information

I108 Sch. 12 para. 49(1) (2) (5)-(8) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I109 Sch. 12 para. 49(3)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxv)

I110 Sch. 12 para. 49(3)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Application of proceeds E+W

50 (1) Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding. E+W

(2) Proceeds are any of these—

(a) proceeds of sale or disposal of controlled goods;

(b) money taken in exercise of the power, if paragraph 37(1) does not apply to it.

(3) The amount outstanding is the sum of these—

(a) the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b) any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

(4) If the proceeds are less than the amount outstanding, which amounts in sub-paragraph (3)(a) and (b) must be paid, and how much of any amount, is to be determined in accordance with regulations.

(5) If the proceeds are more than the amount outstanding, the surplus must be paid to the debtor.

(6) If there is a co-owner of any of the goods, the enforcement agent must—

(a) first pay the co-owner a share of the proceeds of those goods proportionate to his interest;

(b) then deal with the rest of the proceeds under sub-paragraphs (1) to (5).

(7) Regulations may make provision for resolving disputes about what share is due under sub-paragraph (6)(a).

Commencement Information

I111 Sch. 12 para. 50(1)(2)(5)(6) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I112 Sch. 12 para. 50(3)(4)(7) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxvi)

I113 Sch. 12 para. 50(3)(4)(7) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Passing of title E+W

51 (1) A purchaser of controlled goods acquires good title, with two exceptions. E+W

(2) The exceptions apply only if the goods are not the debtor's at the time of sale.

(3) The first exception is where the purchaser, the creditor, the enforcement agent or a related party has notice that the goods are not the debtor's.

(4) The second exception is where a lawful claimant has already made an application to the court claiming an interest in the goods.

(5) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.

(6) A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.

(7) “The court” has the same meaning as in paragraph 60.

Commencement Information

I114 Sch. 12 para. 51 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Abandonment of goods other than securities E+W

52 E+W Paragraphs 53 and 54 apply to controlled goods other than—

(a) securities;

(b) money to which paragraph 37(1) does not apply.

Commencement Information

I115 Sch. 12 para. 52 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

53 (1) Controlled goods are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 40 (notice of sale) within the permitted period. E+W

F146 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations may prescribe other circumstances in which controlled goods are abandoned.

Textual Amendments

F146 Sch. 12 para. 53(2) omitted (6.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(6), 61(3); S.I. 2014/830, art. 2

Commencement Information

I116 Sch. 12 para. 53(1)(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I117 Sch. 12 para. 53(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxvii)

I118 Sch. 12 para. 53(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

54 (1) If controlled goods are abandoned then, in relation to the enforcement power concerned, the following apply— E+W

(a) the enforcement power ceases to be exercisable;

(b) as soon as reasonably practicable the enforcement agent must make the goods available for collection by the debtor, if he removed them from where he found them.

(2) Regulations may make further provision about arrangements under sub-paragraph (1)(b), including in particular provision about the disposal of goods uncollected after a prescribed period.

(3) Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.

Commencement Information

I119 Sch. 12 para. 54(1)(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I120 Sch. 12 para. 54(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxviii)

I121 Sch. 12 para. 54(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Abandonment of securities E+W

55 E+W Paragraphs 56 and 57 apply to securities as controlled goods.

Commencement Information

I122 Sch. 12 para. 55 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

56 (1) Securities are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 49 (notice of disposal) within the permitted period. E+W

F147 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations may prescribe other circumstances in which securities are abandoned.

Textual Amendments

F147 Sch. 12 para. 56(2) omitted (6.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(7), 61(3); S.I. 2014/830, art. 2

Commencement Information

I123 Sch. 12 para. 56(1)(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I124 Sch. 12 para. 56(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxix)

I125 Sch. 12 para. 56(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

57 (1) If securities are abandoned then, in relation to the enforcement power concerned, the following apply— E+W

(a) the enforcement power ceases to be exercisable;

(b) as soon as reasonably practicable the enforcement agent must make the securities available for collection by the debtor, if he removed them from where he found them.

(2) Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.

Commencement Information

I126 Sch. 12 para. 57 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Payment of amount outstanding E+W

58 (1) This paragraph applies where the debtor pays the amount outstanding in full— E+W

(a) after the enforcement agent has taken control of goods, and

(b) before they are sold or abandoned.

(2) If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3) No further step may be taken under the enforcement power concerned.

(4) For the purposes of this paragraph the amount outstanding is reduced by the value of any controlled goods consisting of money required to be used to pay that amount, and sub-paragraph (2) does not apply to that money.

Commencement Information

I127 Sch. 12 para. 58 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

59 (1) This paragraph applies if a further step is taken despite paragraph 58(3). E+W

(2) The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3) Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4) If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5) A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

(6) Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party.

(7) In this paragraph, “related party” has the meaning given by paragraph 65(4).

Commencement Information

I128 Sch. 12 para. 59 in force at 6.4.2014 by S.I. 2014/768,