|
| |
| |
(3) | The amendments that may be made by an order under this section are in |
| |
addition to those made by or under any other provision of this Act. |
| |
(4) | An order under this section may make different provision for different |
| |
| |
(5) | The power to make an order under this section is exercisable by statutory |
| 5 |
| |
(6) | A statutory instrument containing an order under this section, unless it is an |
| |
order to which subsection (7) applies, is subject to annulment in pursuance of |
| |
a resolution of either House of Parliament. |
| |
(7) | No order amending or repealing an enactment contained in an Act may be |
| 10 |
made under this section unless a draft of the order has been laid before and |
| |
approved by a resolution of each House of Parliament. |
| |
| |
Schedule 23 contains repeals. |
| |
| 15 |
(1) | Parts 1, 2 and 6 and this Part extend to England and Wales, Scotland and |
| |
| |
(2) | The other provisions of this Act extend only to England and Wales. |
| |
(3) | Subsections (1) and (2) are subject to subsections (4) and (5). |
| |
(4) | Unless provided otherwise, amendments, repeals and revocations in this Act |
| 20 |
extend to any part of the United Kingdom to which the provisions amended, |
| |
repealed or revoked extend. |
| |
(5) | The following extend also to the Isle of Man— |
| |
(a) | section 138(1) and (2), |
| |
(b) | the repeal by this Act of any provision specified in Part 6 of Schedule 23 |
| 25 |
that extends to the Isle of Man, |
| |
(c) | sections 140 and 143(4) to (6) so far as relating to— |
| |
(i) | section 138(1) and (2), and |
| |
(ii) | the provisions of this Act by which the repeals mentioned in |
| |
paragraph (b) are effected, and |
| 30 |
(d) | this section and section 144. |
| |
| |
(1) | The provisions of Chapter 3 of Part 5 come into force in accordance with |
| |
provision made by the Lord Chancellor or the Secretary of State by order. |
| |
(2) | The provisions of Part 6 come into force, except as provided by subsection (3), |
| 35 |
in accordance with provision made by the Secretary of State by order. |
| |
(3) | The provisions of Part 6 come into force, in so far as they extend to Scotland, in |
| |
accordance with provision made by the Scottish Ministers by order. |
| |
| |
| |
|
| |
| |
(4) | The remaining provisions of this Act, except sections 140, 142, 144 and this |
| |
section, come into force in accordance with provision made by the Lord |
| |
| |
(5) | An order under this section may make different provision for different |
| |
| 5 |
(6) | The power to make an order under this section is exercisable by statutory |
| |
| |
| |
(1) | This Act may be cited as the Tribunals, Courts and Enforcement Act 2007. |
| |
(2) | Nothing in this Act shall impose any charge on the people or on public |
| 10 |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| |
in any manner, or affect the assessment, levying, administration or |
| |
application of any money raised by any such charge. |
| |
| |
| |
|
| |
| |
| |
| |
| |
Senior President of Tribunals |
| |
| |
Recommendations for appointment |
| 5 |
| |
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. |
| |
(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. |
| 10 |
The two routes to a recommendation: agreement under this paragraph or selection under Part 2 |
| |
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— |
| |
(a) | the Lord Chief Justice of England and Wales, |
| |
(b) | the Lord President of the Court of Session, and |
| 15 |
(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 |
| |
| |
| 20 |
(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 |
| |
| 25 |
(i) | an ordinary judge of the Court of Appeal in England and |
| |
| |
(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. |
| 30 |
(3) | The Lord Chancellor must recommend the person for appointment to the |
| |
office of Senior President of Tribunals, subject to sub-paragraph (4). |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
| the Lord Chancellor must, instead of recommending the person for |
| 5 |
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 |
| 10 |
of Senior President of Tribunals. |
| |
| |
Selection by the Judicial Appointments Commission |
| |
Eligibility for selection |
| |
3 | A person is eligible for selection in pursuance of a request under paragraph |
| 15 |
| |
(a) | he satisfies the judicial-appointment eligibility condition on a 7-year |
| |
| |
(b) | he is an advocate or solicitor in Scotland of at least seven years’ |
| |
| 20 |
(c) | he is a barrister or solicitor in Northern Ireland of at least seven |
| |
| |
| |
4 | In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) |
| |
(appointments), after section 75 insert— |
| 25 |
“Senior President of Tribunals |
| |
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 |
| 30 |
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). |
| |
| 35 |
(1) | On receiving a request the Commission must appoint a selection |
| |
| |
| |
(a) | determine the selection process to be applied, |
| |
(b) | apply the selection process, and |
| 40 |
(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 |
| |
| |
(c) | the Lord Chief Justice of Northern Ireland, if not a member of |
| 5 |
| |
(4) | One person only must be selected for the recommendation to which |
| |
| |
(5) | Subsection (4) applies to selection under this section and to selection |
| |
| 10 |
(6) | A selection panel is a committee of the Commission. |
| |
| |
(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. |
| 15 |
(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 |
| |
| |
(6) | Subsection (7) applies if— |
| 20 |
(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 |
| 25 |
| |
(8) | A nominee of the Lord Chief Justice must be a Head of Division or a |
| |
| |
(9) | The person designated under subsection (3) must be— |
| |
(a) | a person who holds, or has held, the office of Senior President |
| 30 |
| |
(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 |
| 35 |
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 |
| |
| 40 |
(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 |
| |
| |
(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 |
| 5 |
considered for selection. |
| |
(12) | A person may not be appointed to the panel as the nominee of more |
| |
| |
(13) | A person appointed to the panel otherwise than as a nominee may |
| |
| 10 |
(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. |
| |
| |
(1) | After complying with section 75B(2) the selection panel must submit |
| 15 |
a report to the Lord Chancellor. |
| |
| |
(a) | state who has been selected; |
| |
(b) | contain any other information required by the Lord |
| |
| 20 |
(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— |
| 25 |
| | | where a person has been selected under |
| | | | | | | | | | | | where a person has been selected following a |
| | | | | | rejection or reconsideration at stage 1 |
| | | | | | where a person has been selected following a |
| | 30 | | | | 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. |
| 35 |
(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 |
| 5 |
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 |
| |
| |
75F | Exercise of powers to reject or require reconsideration |
| |
(1) | The power of the Lord Chancellor under section 75E to reject a |
| 10 |
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 |
| 15 |
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 |
| |
| 20 |
(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 |
| 25 |
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 |
| 30 |
selection it reconsidered. |
| |
(3) | If the Lord Chancellor requires a selection to be reconsidered, the |
| |
| |
(a) | may select the same person or a different person, but |
| |
(b) | where the requirement is following a rejection, may not select |
| 35 |
| |
(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 |
| 40 |
Tribunals, Courts and Enforcement Act 2007.” |
| |
Withdrawal and modification of requests under paragraph 2(5) |
| |
5 (1) | Section 95 of the Constitutional Reform Act 2005 (c. 4) (withdrawal and |
| |
modification of requests) is amended as follows. |
| |
| |
| |
|
