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 8 — Tribunals and Inquiries: consequential and other amendments
174

(a)
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),
(b)
is a Lord Justice of Appeal in Northern Ireland,
(c)
is a judge of the Court of Session,
5
(d)
is a puisne judge of the High Court in England and Wales
or Northern Ireland,
(e)
is a circuit judge,
(f)
is a sheriff in Scotland,
(g)
is a county court judge in Northern Ireland,
10
(h)
is a district judge in England and Wales or Northern
Ireland, or
(i)
is a District Judge (Magistrates’ Courts).
      (3)
References in sub-paragraph (2)(c) to (i) to office-holders do not
include deputies or temporary office-holders.
15
      (4)
The consent required by this sub-paragraph is—
(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,
20
(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);
25
(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
30
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
35
(iv)
a district judge in Northern Ireland.
      (5)
A relevant judge who is assigned under sub-paragraph (1) may,
when acting under his assignment, exercise—
(a)
any function or jurisdiction which is exercisable by a
legally qualified member of the Tribunal who—
40
(i)
has the title of Immigration Judge, and
(ii)
is neither the President, nor a Deputy President, of
the Tribunal, and
(b)
any function or jurisdiction which is exercisable by a
legally qualified member of the Tribunal who—
45
(i)
has the title of Senior Immigration Judge, and
(ii)
is neither the President, nor a Deputy President, of
the Tribunal.”

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
175

      (6)
In paragraph 8 of Schedule 4 (allocation of proceedings)—
(a)
in sub-paragraph (1) (President of the Tribunal to make
arrangements for allocation of proceedings to members of the
Tribunal), for “President” substitute “Senior President of Tribunals”,
and
5
(b)
in sub-paragraph (2)(a) (arrangements may permit allocation by the
President of the Tribunal or another member), for “President or
another” substitute “Senior President of Tribunals or a”.
      (7)
In Schedule 4, after paragraph 12 insert—
“Training etc.
10
13
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 the Tribunal (in their
capacities as such members).
15
Oaths
14    (1)
Sub-paragraph (2) applies to a person (“the appointee”)—
(a)
who is appointed under paragraph 1, and
(b)
who has not previously taken the required oaths after
accepting another office.
20
      (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.
25
      (3)
A person is eligible for the purposes of sub-paragraph (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
30
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
35
(b)
the judicial oath,

as set out in the Promissory Oaths Act 1868.
      (5)
Where it appears to the Lord Chancellor that the appointee will
carry out functions as a member of the Tribunal wholly or mainly
in Northern Ireland, he may direct that in relation to the appointee
40
“the required oaths” means—
(a)
the oath as set out in section 19(2) of the Justice (Northern
Ireland) Act 2002, or
(b)
the affirmation and declaration as set out in section 19(3) of
that Act.
45

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
176

      (6)
If the appointee is a member of the Tribunal appointed before the
coming into force of this paragraph, the requirement in sub-
paragraph (2) applies in relation to the appointee from the coming
into force of this paragraph.”
Courts Act 2003 (c. 39)
5
55    (1)
Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is
amended as follows.
      (2)
In subsection (1) (registrable orders etc.), after paragraph (e) insert—
“(f)
a decision or award of—
(i)
the First-tier Tribunal,
10
(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)—
15
(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
20
in subsection (1)(f)”.
Title Conditions (Scotland) Act 2003 (asp 9)
56
The Title Conditions (Scotland) Act 2003 is amended as follows.
57
In section 104(1) (rules as to when certain orders of Lands Tribunal take
effect), for “Council on Tribunals” substitute “Administrative Justice and
25
Tribunals Council”.
58
In section 126 (rules as to fees chargeable by Lands Tribunal in relation to
functions under Act), for “Council on Tribunals” substitute “Administrative
Justice and Tribunals Council”.
Planning and Compulsory Purchase Act 2004 (c. 5)
30
59
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
35
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)
60
In paragraph 6(5) of Schedule 1 to the Gender Recognition Act 2004
40
(directions about practice and procedure of Gender Recognition Panels), for

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
177

“Council on Tribunals” substitute “Administrative Justice and Tribunals
Council”.
Civil Contingencies Act 2004 (c. 36)
61
In section 25 of the Civil Contingencies Act 2004 (consultation in connection
with establishment of tribunal), in each of subsections (1), (2)(b), (3) and (6),
5
for “Council on Tribunals” substitute “Administrative Justice and Tribunals
Council”.
Constitutional Reform Act 2005 (c. 4)
62
The Constitutional Reform Act 2005 is amended as follows.
63
In section 109(5) (disciplinary powers: meaning of “senior judge”), after
10
paragraph (d) insert—
“(da)
Senior President of Tribunals;”.
64
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
15
Inquiries Act 1992 (c. 53), and
(b)
omit the entry for paragraph 7(4) of Schedule 5 to that Act.
65    (1)
In Schedule 12 (the Judicial Appointments Commission), paragraph 2
(members) is amended as follows.
      (2)
In sub-paragraph (2)(d) (one member must be holder of an office listed in
20
Part 3 of Schedule 14), after “listed in Part 3 of Schedule 14” insert “or of an
office listed in sub-paragraph (2A)”.
      (3)
After sub-paragraph (2) insert—
   “(2A)
The offices referred to in sub-paragraph (2)(d) are—
(a)
Senior President of Tribunals;
25
(b)
judge of the Upper Tribunal appointed under paragraph
1(1) of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007;
(c)
transferred-in judge, or transferred-in other member, of
the First-tier Tribunal or of the Upper Tribunal (see section
30
31(2) of that Act);
(d)
deputy judge of the Upper Tribunal under section 31(2) of
that Act;
(e)
member of the Employment Appeal Tribunal appointed
under section 22(1)(c) of the Employment Tribunals Act
35
1996.”
66    (1)
Schedule 14 (Judicial Appointments Commission: relevant offices and
enactments) is amended as follows.
      (2)
In Part 1 (appointments by Her Majesty), at the end insert—

Tribunals, Courts and Enforcement Bill [HL]
Schedule 8 — Tribunals and Inquiries: consequential and other amendments
178

“Judge of the Upper Tribunal
Paragraph 1(1) of Schedule 3

by appointment under
to the Tribunals, Courts and

paragraph 1(1) of Schedule 3
Enforcement Act 2007”

to the Tribunals, Courts and

Enforcement Act 2007

5
      (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
Section 7(7) of the Tribunals,

chamber of the First-tier
Courts and Enforcement Act

Tribunal, or of a chamber of
2007

10

the Upper Tribunal, by

appointment under section

7(7) of the Tribunals, Courts

and Enforcement Act 2007, but

not where appointed in

15

accordance with paragraph

2(2) to (5) of Schedule 4 to that

Act

Judge of the First-tier Tribunal
Paragraph 1(1) of Schedule 2

by appointment under
to the Tribunals, Courts and

20

paragraph 1(1) of Schedule 2
Enforcement Act 2007

to the Tribunals, Courts and

Enforcement Act 2007

Other member of the First-tier
Paragraph 2(1) of Schedule 2

Tribunal by appointment
to the Tribunals, Courts and

25

under paragraph 2(1) of
Enforcement Act 2007

Schedule 2 to the Tribunals,

Courts and Enforcement Act

2007

Other member of the Upper
Paragraph 2(1) of Schedule 3

30

Tribunal by appointment
to the Tribunals, Courts and

under paragraph 2(1) of
Enforcement Act 2007

Schedule 3 to the Tribunals,

Courts and Enforcement Act

2007

35

Deputy judge of the Upper
Paragraph 7(1) of Schedule 3

Tribunal by appointment
to the Tribunals, Courts and

under paragraph 7(1) of
Enforcement Act 2007

Schedule 3 to the Tribunals,

Courts and Enforcement Act

40

2007

Tribunals, Courts and Enforcement Bill [HL]
Schedule 9 — Tribunals: transitional provision
Part 2 — Judges and other members of First-Tier and Upper Tribunals: retirement dates
179

Deputy Chamber President of
Paragraph 5(1) of Schedule 4

a chamber of the First-tier
to the Tribunals, Courts and

Tribunal, or of a chamber of
Enforcement Act 2007”

the Upper Tribunal, but not

where appointed in

5

accordance with paragraph

5(5) to (8) of Schedule 4 to the

Tribunals, Courts and

Enforcement Act 2007

Schedule 9
10
Section 48(2)

Tribunals: transitional provision
Part 1
General and miscellaneous
Introductory
1
The following provisions of this Schedule are to be taken not to prejudice the
15
generality of sections 31(9) and 140(1).
Membership of Tribunal Procedure Committee
2     (1)
The Lord Chancellor may by order make provision for a person—
(a)
who is a scheduled tribunal, or
(b)
who is a member of a scheduled tribunal,
20

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
25
for the Secretary of State to be treated as mentioned in that sub-paragraph.
Part 2
Judges and other members of First-Tier and Upper Tribunals: retirement dates
Interpretation of Part 2 of Schedule
3     (1)
For the purposes of this Part of this Schedule—
30
(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)
35
or 2(1) of Schedule 2 or 3 (judge, or other member, of the First-
tier Tribunal or of the Upper Tribunal),

Tribunals, Courts and Enforcement Bill [HL]
Schedule 9 — Tribunals: transitional provision
Part 2 — Judges and other members of First-Tier and Upper Tribunals: retirement dates
180

(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
5
(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
10
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
15
(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).
20
      (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-
25
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)—
30
(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—
35
(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
40
4
Paragraphs 5 to 8 apply where a person holds a relevant judicial office.
Retirement later than age 70 in certain cases where office previously held in another tribunal
5     (1)
Subject to paragraph 8(1) (persons who held certain judicial offices on 30th
March 1995), sub-paragraphs (3) and (4) apply where the person has a
personal retirement date under either or both of paragraphs 6 and 7.
45
      (2)
In sub-paragraphs (3) and (4) and paragraph 8(1) and (2)—