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Tribunals, Courts and Enforcement Bill [HL]


Tribunals, Courts and Enforcement Bill [HL]
Part 8 — General

109

 

(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

purposes.

(5)   

The power to make an order under this section is exercisable by statutory

5

instrument.

(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.

141     

Repeals

Schedule 23 contains repeals.

142     

Extent

15

(1)   

Parts 1, 2 and 6 and this Part extend to England and Wales, Scotland and

Northern Ireland.

(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repealed or revoked extend.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.

143     

Commencement

(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.

 
 

Tribunals, Courts and Enforcement Bill [HL]
Part 8 — General

110

 

(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

Chancellor by order.

(5)   

An order under this section may make different provision for different

purposes.

5

(6)   

The power to make an order under this section is exercisable by statutory

instrument.

144     

Short title

(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.

 
 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 1 — Recommendations for appointment

111

 

Schedules

Schedule 1

Section 2

 

Senior President of Tribunals

Part 1

Recommendations for appointment

5

Duty to fill vacancies

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

between—

(i)   

the Lord Chancellor,

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

(b)   

the person is—

25

(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.

30

      (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—

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 2 — Selection by the Judicial Appointments Commission

112

 

(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

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.

Part 2

Selection by the Judicial Appointments Commission

Eligibility for selection

3          

A person is eligible for selection in pursuance of a request under paragraph

15

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

20

(c)   

he is a barrister or solicitor in Northern Ireland of at least seven

years’ standing.

The selection process

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).

75B     

Selection process

35

(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

40

(c)   

make a selection accordingly.

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 2 — Selection by the Judicial Appointments Commission

113

 

(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

5

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.

10

(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.

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

by the third member.

(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

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

30

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

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

Tribunals, or

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.

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 2 — Selection by the Judicial Appointments Commission

114

 

(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

5

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.

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.

75D     

Report

(1)   

After complying with section 75B(2) the selection panel must submit

15

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.

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

 

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

 

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;

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 2 — Selection by the Judicial Appointments Commission

115

 

(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

earlier stage.

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

merit.

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

selection panel—

(a)   

may select the same person or a different person, but

(b)   

where the requirement is following a rejection, may not select

35

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

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.

 

 

 
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