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Tribunals, Courts and Enforcement Bill [HL]


Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

188

 

(a)   

service as, or as a member of, a tribunal specified in a

list in Schedule 6 to the Tribunals, Courts and

Enforcement Act 2007 that has effect for the purposes

of section 30 of that Act, or

(b)   

service as an authorised decision-maker for a

5

tribunal, within the meaning given by section 31(4) of

that Act;

“regulations” means regulations made by the Lord Chancellor

with the concurrence of the Treasury.

12B     

Rate of pension etc. where rights transferred under section 12 or 12A

10

Entitlement to, and the rate or amount of, any judicial pension or

derivative benefit payable under this Part to or in respect of a person

whose rights are transferred under section 12 or 12A above shall be

determined by reference to—

(a)   

any rights of his that are transferred under section 12 above,

15

(b)   

any rights of his that are transferred under section 12A above,

and

(c)   

his service in qualifying judicial office on or after the day on

which this Part first applies to him.”

19         

In section 23 (which provides that Schedule 2 does not apply to transfers

20

under section 12), after “section 12” insert “or 12A”.

Schedule 10

Section 50

 

Amendments relating to judicial appointments

Part 1

Amendments

25

1     (1)  

Paragraph 2A of the Schedule to the War Pensions (Administrative

Provisions) Act 1919 (c. 53) (legally qualified member of Pensions Appeal

Tribunals) is amended as follows.

      (2)  

For paragraph (a) substitute—

“(a)   

a person who satisfies the judicial-appointment eligibility

30

condition on a 5-year basis;”.

      (3)  

In paragraphs (b) and (c), for “7” substitute “5”.

2     (1)  

Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is

amended as follows.

      (2)  

For subsection (1)(b) (tribunal of appeal: Lord Chancellor’s nominee)

35

substitute—

“(b)   

A person is eligible to be nominated by the Lord Chancellor

under paragraph (a) or (h) of this subsection only if the

person—

(i)   

is a solicitor of the Senior Courts of England and

40

Wales,

(ii)   

is a barrister in England and Wales, or

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

189

 

(iii)   

has a qualification that is specified under subsection

(4) of this section;”.

      (3)  

After subsection (3) insert—

“(4)   

The Lord Chancellor may by order specify a qualification for the

purposes of paragraph (b) of subsection (1) of this section.

5

(5)   

Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the

Tribunals, Courts and Enforcement Act 2007 (contents of and

procedure for orders under subsection (1) of that section, and

cessation of effect of such orders) shall apply for the purposes of

subsection (4) of this section as they apply for the purposes of

10

subsection (1) of that section, but as if the reference in subsection (3)

of that section to section 50 of that Act were a reference to this

section.

(6)   

For the purposes of paragraph (b) of subsection (1) of this section, a

person shall be taken first to become a barrister—

15

(a)   

when the person completes pupillage in connection with

becoming a barrister, or

(b)   

in the case of a person not required to undertake pupillage in

connection with becoming a barrister, when the person is

called to the Bar of England and Wales.

20

(7)   

For the purposes of paragraph (b) of subsection (1) of this section, a

person shall be taken not to be a solicitor or a barrister, or not to have

a qualification specified under subsection (4) of this section, if as a

result of disciplinary proceedings he is prevented from practising as

a solicitor or (as the case may be) as a barrister or as a holder of the

25

specified qualification.”

      (4)  

At any time before the coming into force of section 59(1) of the

Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the

reference to the Senior Courts in the section 109(1)(b) substituted by sub-

paragraph (2) is to be read as a reference to the Supreme Court.

30

3     (1)  

Paragraph 2A(2) of the Schedule to the Pensions Appeal Tribunals Act 1943

(c. 39) (legally qualified members of Pensions Appeal Tribunals) is amended

as follows.

      (2)  

For paragraph (a) substitute—

“(a)   

he satisfies the judicial-appointment eligibility condition

35

on a 5-year basis;”.

      (3)  

In paragraphs (b) and (c), for “seven” substitute “five”.

4          

In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of

agricultural land tribunal), for the words from “person” to the end substitute

“person who satisfies the judicial-appointment eligibility condition on a 5-

40

year basis.”

5     (1)  

Section 2(2) of the Lands Tribunal Act 1949 (c. 42) (President and members

of Lands Tribunal) is amended as follows.

      (2)  

For paragraph (b) substitute—

“(b)   

satisfies the judicial-appointment eligibility condition on a 5-

45

year basis; or”.

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

190

 

      (3)  

In paragraph (c) and in the words after that paragraph, for “7” substitute “5”.

6     (1)  

The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows.

      (2)  

In section 31(1) (Judge Advocate General)—

(a)   

for paragraph (a) substitute—

“(a)   

a person who satisfies the judicial-appointment

5

eligibility condition on a 7-year basis;”, and

(b)   

in paragraphs (b) and (c), for “10” (in each place where it occurs)

substitute “7”.

      (3)  

In section 31(2) (Vice Judge Advocate General and assistants)—

(a)   

for paragraph (a) substitute—

10

“(a)   

a person who satisfies the judicial-appointment

eligibility condition on a 5-year basis;”, and

(b)   

in paragraphs (b) and (c), for “7” (in each place where it occurs)

substitute “5”.

7          

In section 12(2) of the City of London (Courts) Act 1964 (c. iv) (Common

15

Serjeant), for the words from “he has a 10 year” to the end substitute “he

satisfies the judicial-appointment eligibility condition on a 7-year basis.”

8     (1)  

Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special

Commissioners) is amended as follows.

      (2)  

For paragraph (a) substitute—

20

“(a)   

he satisfies the judicial-appointment eligibility condition on a

7-year basis;”.

      (3)  

In paragraphs (b) and (c), for “10” substitute “7”.

9     (1)  

The Courts Act 1971 (c. 23) is amended as follows.

      (2)  

In section 16(3) (Circuit judges), for paragraph (a) substitute—

25

“(a)   

he satisfies the judicial-appointment eligibility condition on a

7-year basis;”.

      (3)  

In section 21(2) (recorders), for the words from “he has a 10 year” to the end

substitute “he satisfies the judicial-appointment eligibility condition on a 7-

year basis.”

30

      (4)  

In section 24(1)(b) (assistant recorders), for the words from “any person who

has a 10 year” to the end substitute “any person who satisfies the judicial-

appointment eligibility condition on a 7-year basis.”

10    (1)  

Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)

(tribunal chairmen) is amended as follows.

35

      (2)  

For sub-paragraph (i) substitute—

“(i)   

a person who satisfies the judicial-appointment

eligibility condition on a 5-year basis;”.

      (3)  

In sub-paragraphs (ii) and (iii), for “7” substitute “5”.

11    (1)  

Paragraph 3(2) of Schedule A1 to the Consumer Credit Act 1974 (c. 39)(the

40

panel of chairmen of the Consumer Credit Appeals Tribunal) is amended as

follows.

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

191

 

      (2)  

For paragraph (a) substitute—

“(a)   

satisfies the judicial-appointment eligibility condition on a 5-

year basis;”.

      (3)  

In paragraphs (b) and (c), for “seven” substitute “five”.

12    (1)  

Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents

5

of arbitration tribunals) is amended as follows.

      (2)  

For sub-paragraph (i) substitute—

“(i)   

a person who satisfies the judicial-appointment

eligibility condition on a 5-year basis; or”.

      (3)  

In sub-paragraph (ii), for “7” substitute “5”.

10

13    (1)  

The Supreme Court Act 1981 (c. 54) is amended as follows.

      (2)  

In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in

paragraphs (b) and (c), for sub-paragraph (i) substitute—

“(i)   

he satisfies the judicial-appointment eligibility

condition on a 7-year basis; or”.

15

      (3)  

For Schedule 2 (eligibility for appointment to certain offices) substitute—

“Schedule 2

Sections 88 to 95

 

List of offices in Senior Courts for purposes of Part 4

Part 1

 

Office

Persons qualified

 

20

 

Official Solicitor

A person who has a 10 year

 
  

general qualification (within the

 
  

meaning of section 71 of the

 
  

Courts and Legal Services Act

 
  

1990).

 

25

Part 2

 

Office

Persons qualified

 
 

Master, Queen’s Bench

A person who satisfies the

 
 

Division

judicial-appointment eligibility

 
  

condition on a 5-year basis.

 

30

 

Queen’s Coroner and

A person who satisfies the

 
 

Attorney and Master of the

judicial-appointment eligibility

 
 

Crown Office and Registrar

condition on a 7-year basis.

 
 

of Criminal Appeals

  
 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

192

 
 

Office

Persons qualified

 
 

Admiralty Registrar

A person who satisfies the

 
  

judicial-appointment eligibility

 
  

condition on a 5-year basis.

 
 

Master, Chancery Division

A person who satisfies the

 

5

  

judicial-appointment eligibility

 
  

condition on a 5-year basis.

 
 

Registrar in Bankruptcy of

A person who satisfies the

 
 

the High Court

judicial-appointment eligibility

 
  

condition on a 5-year basis.

 

10

 

Taxing Master of the Senior

A person who satisfies the

 
 

Courts

judicial-appointment eligibility

 
  

condition on a 5-year basis.

 
 

District judge of the

(1)   

1. A person who satisfies

 
 

principal registry of the

the judicial-appointment

 

15

 

Family Division

eligibility condition on a

 
  

5-year basis.

 
  

(2)   

2. A district probate

 
  

registrar who either—

 
  

(a)   

is of at least 5

 

20

  

years’ standing, or

 
  

(b)   

has, during so

 
  

much of the 5 years

 
  

immediately preceding

 
  

his appointment as he

 

25

  

has not been a district

 
  

probate registrar, served

 
  

as a civil servant in the

 
  

principal registry or a

 
  

district probate registry.

 

30

  

(3)   

3. A civil servant who

 
  

has served at least 7

 
  

years in the principal

 
  

registry or a district

 
  

probate registry.

 

35

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

193

 

Part 3

 

Office

Persons qualified

 
 

District probate registrar

(1)   

1. A person who satisfies

 
  

the judicial-appointment

 
  

eligibility condition on a

 

5

  

5-year basis.

 
  

(2)   

2. A civil servant who

 
  

has served at least 5

 
  

years in the principal

 
  

registry of the Family

 

10

  

Division or a district

 
  

probate registry.”

 

      (4)  

Part 2 of the Schedule substituted by sub-paragraph (3) of this paragraph

shall have effect until the coming into force of section 45(6) of the Mental

Capacity Act 2005 (c. 9) as if it also contained the following entry—

15

 

“Master of the Court of

A person who satisfies the

 
 

Protection

judicial-appointment eligibility

 
  

condition on a 5-year basis.”

 

      (5)  

At any time before the coming into force of section 59(1) of the

Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the

20

references to the Senior Courts in the Schedule substituted by sub-

paragraph (3) of this paragraph are to be read as references to the Supreme

Court.

14         

In section 130(2) of the Representation of the People Act 1983 (c. 2) (election

court), for paragraph (a) substitute—

25

“(a)   

unless he satisfies the judicial-appointment eligibility

condition on a 7-year basis; or”.

15         

In section 9 of the County Courts Act 1984 (c. 28) (district judges and deputy

district judges), for the words from “he has” to the end substitute “he

satisfies the judicial-appointment eligibility condition on a 5-year basis.”

30

16    (1)  

Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment)

Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows.

      (2)  

For paragraph (a) substitute—

“(a)   

he satisfies the judicial-appointment eligibility condition

on a 7-year basis;”.

35

      (3)  

In paragraphs (b) and (c), for “10” substitute “7”.

17    (1)  

Paragraph 2 of Schedule 4 to the Transport Act 1985 (c. 67) is amended as

follows.

      (2)  

In sub-paragraph (2) (president of Transport Tribunal)—

(a)   

for paragraph (a) substitute—

40

“(a)   

a person who satisfies the judicial-appointment

eligibility condition on a 7-year basis; or”, and

 

 

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments

194

 

(b)   

in paragraph (b), for “10” substitute “7”.

      (3)  

In sub-paragraph (2A) (chairmen)—

(a)   

for paragraph (a) substitute—

“(a)   

a person who satisfies the judicial-appointment

eligibility condition on a 5-year basis; or”, and

5

(b)   

in paragraph (b), for “7” substitute “5”.

18    (1)  

Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person

appointed to receive representations) is amended as follows.

      (2)  

For paragraph (a) substitute—

“(a)   

a person who satisfies the judicial-appointment eligibility

10

condition on a 5-year basis;”.

      (3)  

In paragraphs (b) and (c), for “7” substitute “5”.

19    (1)  

Paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (c. 45) (members

of Insolvency Practitioners Tribunal) is amended as follows.

      (2)  

For sub-paragraph (i) substitute—

15

“(i)   

satisfy the judicial-appointment eligibility

condition on a 5-year basis;”.

      (3)  

In sub-paragraph (ii), for “7” substitute “5””.

20    (1)  

Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48)

(chairman and deputy chairman of Copyright tribunal) is amended as

20

follows.

      (2)  

For paragraph (a) substitute—

“(a)   

he satisfies the judicial-appointment eligibility condition on a

5-year basis;”.

      (3)  

In paragraphs (b) and (c), for “7” substitute “5”.

25

21         

In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing

Appeal Tribunals), for subsection (7) substitute—

“(7)   

A person is eligible for appointment as Chairman of a Tribunal only

if he satisfies the judicial-appointment eligibility condition on a 5-

year basis.”

30

22    (1)  

The Child Support Act 1991 (c. 48) is amended as follows.

      (2)  

In section 22(2) (Child Support Commissioners)—

(a)   

for paragraph (a) substitute—

“(a)   

satisfy the judicial-appointment eligibility condition

on a 7-year basis; or”, and

35

(b)   

in paragraph (b), for “10” substitute “7”.

      (3)  

In section 23(2) (Child Support Commissioners for Northern Ireland), for

“10” substitute “7”.

      (4)  

In paragraph 4(2)(a) of Schedule 4 (Deputy Child Support

Commissioners)—

40

(a)   

for “have a 10 year general qualification” substitute “satisfy the

judicial-appointment eligibility condition on a 7-year basis”, and

(b)   

for “10” in the second place where it occurs substitute “7”.

 

 

 
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