Tribunals, Courts and Enforcement Act 2007 (c. 15)

(The document as of February, 2008)

-- Back --

Page 13

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28

(a) the concurrence of the Lord Chief Justice of England and Wales where the person is--

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

(ii) a puisne judge of the High Court in England and Wales,

(iii) a circuit judge,

(iv) a district judge in England and Wales, or

(v) a District Judge (Magistrates' Courts);

(b) the concurrence of the Lord President of the Court of Session where the person is--

(i) a judge of the Court of Session, or

(ii) a sheriff;

(i) a Lord Justice of Appeal in Northern Ireland,

(ii) a puisne judge of the High Court in Northern Ireland,

(iii) a county court judge in Northern Ireland, or

(iv) a district judge in Northern Ireland.

(4) Sub-paragraph (5) applies--

(a) to a judge by request of the First-tier Tribunal,

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

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

(5) The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of--

(a) remuneration;

(b) allowances;

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

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--

(a) section 4(3)(d) (members of employment tribunals who are not chairmen),

(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), or

(c) the combination of sections 4(3)(c) and 5(2)(d) (members of Asylum and Immigration Tribunal who are not legally qualified members).

(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;

Training etc.

8 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

9 (1) Sub-paragraph (2) applies to a person ("J")--

(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);

(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 Judges and other members of the Upper Tribunal

Power to appoint judges of Upper Tribunal

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

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

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

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

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

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

Power to appoint other members of Upper Tribunal

2 (1) The Lord Chancellor may appoint a person to be one of the members of the Upper Tribunal who are not judges of the tribunal.

(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.

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

3 (1) This paragraph applies to any power by which--

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

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

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

4 (1) This paragraph applies--

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

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

(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.

(3) Subject to sub-paragraph (2) (and 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.

Remuneration, allowances and expenses

5 (1) Sub-paragraph (2) applies--

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

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

(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;

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

6 (1) In this paragraph "judge by request of the Upper Tribunal" means a person who is a judge of the Upper Tribunal but--

(a) is not the Senior President of Tribunals,

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

(d) is not a judge of the Upper Tribunal by virtue of section 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal),

(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, or

(v) a District Judge (Magistrates' Courts);

(b) the concurrence of the Lord President of the Court of Session where the person is--

(i) a judge of the Court of Session, or

(ii) a sheriff;

(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;

Deputy judges of the Upper Tribunal

7 (1) The Lord Chancellor may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate.

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

(3) Sub-paragraphs (4) and (5) 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).

(4) A person to whom this sub-paragraph applies is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the terms of his appointment (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)).

(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;

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

8 (1) In this paragraph "ex officio member of the Upper Tribunal" means--

(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)), or

(b) a person who is a member of the Upper Tribunal by virtue of section 5(2)(d) (member of the Asylum and Immigration Tribunal who is not a legally qualified member).

(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;

Training etc.

9 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

10 (1) Sub-paragraph (2) applies to a person ("J")--

(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);

(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 Chambers and Chamber Presidents: further provision

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

Eligibility for appointment as Chamber President by Lord Chancellor

1 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 by Lord Chancellor: consultation and nomination

2 (1) The Lord Chancellor must consult the Senior President of Tribunals before the Lord Chancellor appoints under section 7(7) a person within--

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 Lord Chancellor, 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 Lord Chancellor must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(3) If the Lord Chancellor, 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 Lord Chancellor must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(4) If the Lord Chancellor, 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 Lord Chancellor must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

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

Chamber Presidents: duration of appointment, remuneration etc.

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 (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)).

(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;

Delegation of functions by Chamber Presidents

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--

(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

5 (1) The Lord Chancellor may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber.

(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 Lord Chancellor--

(a) has consulted the Senior President of Tribunals 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)),

section 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal),
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 Lord Chancellor, 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 Lord Chancellor must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(6) If the Lord Chancellor, 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 Lord Chancellor must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(7) If the Lord Chancellor, 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 Lord Chancellor must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

(8) If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the Lord Chancellor 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 (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)).

(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;

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

Acting Chamber Presidents

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.

(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;

Guidance

7 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

8 (1) Sub-paragraph (2) applies to a person ("the appointee")--

(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

(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);

(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 Judges and other members of chambers: assignment and jurisdiction

Assignment is function of Senior President of Tribunals

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28

-- Back --

Stat