Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
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Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 3 — Terms of office
116

      (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
5
Terms of office
Tenure, removal, resignation etc.
6     (1)
If—
(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
10
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
15
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.
20
      (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
25
President of Tribunals on a recommendation made under paragraph 2(3).
      (2)
The person ceases to be Senior President of Tribunals if he ceases to fall
within paragraph 2(2)(b).
8
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
30
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—
(a)
is disabled by permanent infirmity from the performance of the
duties of the office, and
35
(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.
40
      (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

Tribunals, Courts and Enforcement Bill [HL]
Schedule 1 — Senior President of Tribunals
Part 4 — Certain functions of the Senior President
117

(c)
the Lord Chief Justice of Northern Ireland.
Remuneration, allowances and expenses
10
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;
5
(b)
allowances;
(c)
expenses.
Oaths
11    (1)
A person appointed to the office of Senior President of Tribunals must take
the required oaths in the presence of—
10
(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.
15
      (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,
20

as set out in the Promissory Oaths Act 1868 (c. 72).
Part 4
Certain functions of the Senior President
Meaning of “tribunal member”
12    (1)
For the purposes of this Part of this Schedule, each of the following is a
25
“tribunal member”—
(a)
a judge, or other member, of the First-tier Tribunal or Upper
Tribunal,
(b)
any member of the Asylum and Immigration Tribunal,
(c)
a member of a panel of members of employment tribunals (whether
30
or not a panel of chairmen),
(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—
35
(a)
the First-tier Tribunal,
(b)
the Upper Tribunal,
(c)
the Asylum and Immigration Tribunal,
(d)
employment tribunals,
(e)
the Employment Appeal Tribunal, and
40
(f)
any tribunal in a list in Schedule 6 that has effect for the purposes of
section 30.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 2 — Judges and other members of the First-tier Tribunal
118

Representations to Parliament
13
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
5
(b)
otherwise to the administration of justice by tribunals.
Representation of views of tribunal members
14
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.
10
Schedule 2
Section 4

Judges and other members of the First-tier Tribunal
Power to appoint judges of First-tier Tribunal
1     (1)
The Lord Chancellor may appoint a person to be one of the judges of the
First-tier Tribunal.
15
      (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,
20
(c)
is a barrister or solicitor in Northern Ireland of at least five years’
standing, or
(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).
25
      (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 First-tier Tribunal
2     (1)
The Lord Chancellor may appoint a person to be one of the members of the
30
First-tier 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
35
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 First-tier Tribunal, or
(c)
a transferred-in other member of the First-tier Tribunal,

Tribunals, Courts and Enforcement Bill [HL]
Schedule 2 — Judges and other members of the First-tier Tribunal
119


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
5
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
10
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 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
15
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.
20
      (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 in accordance with the
terms of his appointment.
Remuneration, allowances and expenses
5     (1)
Sub-paragraph (2) applies—
25
(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
30
of—
(a)
remuneration;
(b)
allowances;
(c)
expenses.
Certain judges neither appointed under paragraph 1(1) nor transferred in
35
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—
(a)
is not the Senior President of Tribunals,
(b)
is not a judge of the First-tier Tribunal appointed under paragraph
1(1),
40
(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,

Tribunals, Courts and Enforcement Bill [HL]
Schedule 2 — Judges and other members of the First-tier Tribunal
120

(e)
is not a judge of the First-tier Tribunal by virtue of section 4(1)(e)
(chairman of employment tribunal),
(f)
is not 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), and
5
(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.
10
      (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—
15
(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
20
(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;
25
(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
30
(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
35
(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
40
applies such amounts (if any) as the Lord Chancellor may determine by way
of—
(a)
remuneration;
(b)
allowances;
(c)
expenses.
45

Tribunals, Courts and Enforcement Bill [HL]
Schedule 2 — Judges and other members of the First-tier Tribunal
121

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),
5
(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).
10
      (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;
15
(c)
expenses.
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
20
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
25
(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
30
(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
35
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))—
40
(a)
the oath of allegiance, and
(b)
the judicial oath,

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

Tribunals, Courts and Enforcement Bill [HL]
Schedule 3 — Judges and other members of the Upper Tribunal
122

      (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)
5
Act 2002 (c. 26), or
(b)
the affirmation and declaration as set out in section 19(3) of that Act.
Schedule 3
Section 5

Judges and other members of the Upper Tribunal
Power to appoint judges of Upper Tribunal
10
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
15
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
20
(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
25
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
30
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),
35
(b)
a transferred-in judge of the Upper Tribunal, 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
40
Court of Session.