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 10 — Amendments relating to judicial appointments
Part 1 — Amendments
195

      (5)
In paragraph 8(d)(i) of Schedule 4 (Deputy Child Support Commissioners
for Northern Ireland), in the substituted paragraph 4(2)(a), for “10”
substitute “7”.
23
In Schedule 1B to the Charities Act 1993 (c. 10) (which is inserted by
Schedule 3 to the Charities Act 2006 (c. 50)), in paragraph 1(3) (President or
5
legal member of Charity Tribunal), for the words from “he has” to the end
substitute “he satisfies the judicial-appointment eligibility condition on a 5-
year basis.”
24    (1)
Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows.
      (2)
In paragraph 2(2) (President of VAT and duties tribunals)—
10
(a)
for paragraph (a) substitute—
“(a)
a person who satisfies the judicial-appointment
eligibility condition on a 7-year basis;”, and
(b)
in paragraphs (b) and (c), for “10” substitute “7”.
      (3)
In paragraph 7(4) (panel of chairmen)—
15
(a)
for paragraph (a) substitute—
“(a)
a person who satisfies the judicial-appointment
eligibility condition on a 5-year basis; or”, and
(b)
in paragraph (b) and in the words after that paragraph, for “7”
substitute “5”.
20
25    (1)
Section 77(2) of the Trade Marks Act 1994 (c. 26) (persons appointed to
decide appeals from registrar) is amended as follows.
      (2)
For paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility condition on a
5-year basis;”.
25
      (3)
In paragraphs (b) and (c), for “7” substitute “5”.
26    (1)
Sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c. 21)
(arbitrators) are amended as follows.
      (2)
For paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility condition on a
30
7-year basis;”.
      (3)
In paragraphs (b) and (c), for “10” substitute “7”.
27
In paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16) (legally
qualified member of Police Appeals Tribunals), for the words from “have a
seven” to “1990” substitute “satisfy the judicial-appointment eligibility
35
condition on a 5-year basis”.
28
In section 334(1) of the Education Act 1996 (c. 56) (President and members of
chairmen’s panel of Special Educational Needs and Disability Tribunal), for
the words from “has” to the end substitute “satisfies the judicial-
appointment eligibility condition on a 5-year basis.”
40
29    (1)
The Social Security Act 1998 (c. 14) is amended as follows.
      (2)
In section 5(2) (President of appeal tribunals)—

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments
196

(a)
for paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility
condition on a 7-year basis; or”, and
(b)
in paragraph (b), for “10” substitute “7”.
      (3)
In section 7(2) (constitution of appeal tribunals), for paragraph (a)
5
substitute—
“(a)
be a solicitor of the Senior Courts of England and Wales, a
barrister in England and Wales or have a qualification that is
specified under subsection (6A); or”.
      (4)
In section 7, after subsection (6) insert—
10
“(6A)
The Lord Chancellor may by order specify a qualification for the
purposes of subsection (2)(a) above.
(6B)
Subsections (2) to (4), (9) and (10) of section 51 of the
Tribunals, Courts and Enforcement Act 2007 (contents of orders
under subsection (1) of that section, and cessation of effect of such
15
orders) shall apply for the purposes of subsection (6A) above as they
apply for the purposes of 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.
(6C)
For the purposes of subsection (2)(a) above, a person shall be taken
20
first to become a barrister—
(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
25
called to the Bar of England and Wales.
(6D)
For the purposes of subsection (2)(a) above, a person shall be taken
not to be a solicitor or a barrister, or not to have a qualification
specified under subsection (6A) above, if as a result of disciplinary
proceedings he is prevented from practising as a solicitor or (as the
30
case may be) as a barrister or as a holder of the specified
qualification.”
      (5)
In section 80 (parliamentary control of regulations), after subsection (3)
insert—
“(4)
No order shall be made by the Lord Chancellor under section 7(6A)
35
above unless a draft of the statutory instrument containing the order
has been laid before Parliament and been approved by a resolution
of each House of Parliament.”
      (6)
In paragraph 1(1) of Schedule 4 (Social Security Commissioners), for the
words from “have” to “standing” substitute “satisfy the judicial-
40
appointment eligibility condition on a 7-year basis or advocates or solicitors
in Scotland of at least 7 years’ standing”.
      (7)
In paragraph 1(2) of that Schedule (deputy Commissioners)—
(a)
for paragraph (a) substitute—
“(a)
a person who satisfies the judicial-appointment
45
eligibility condition on a 7-year basis; or”, and
(b)
in paragraphs (b) and (c), for “10” substitute “7”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments
197

      (8)
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 7(2)(a) substituted by sub-
paragraph (3) is to be read as a reference to the Supreme Court.
30    (1)
Section 6(5) of the Data Protection Act 1998 (c. 29) (chairman and deputy
5
chairmen of Information Tribunal) is amended as follows.
      (2)
For paragraph (a) substitute—
“(a)
persons who satisfy the judicial-appointment eligibility
condition on a 5-year basis,”.
      (3)
In paragraphs (b) and (c), for “7” substitute “5”.
10
31
In paragraph 2(2) of the Schedule to the Protection of Children Act 1999
(c. 14) (President and members of chairmen’s panel of Tribunal), for the
words from “has” to the end substitute “satisfies the judicial-appointment
eligibility condition on a 5-year basis.”
32    (1)
Paragraph 11 of Schedule 7 to the Immigration and Asylum Act 1999 (c. 33)
15
(President and other members of Immigration Services Tribunal) is
amended as follows.
      (2)
For paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility condition
on a 5-year basis;”.
20
      (3)
In paragraphs (b) and (c), for “7” substitute “5”.
33    (1)
Paragraph 1(1) of Schedule 3 to the Regulation of Investigatory Powers Act
2000 (c. 23) (members of tribunal) is amended as follows.
      (2)
For paragraph (b) substitute—
“(b)
a person who satisfies the judicial-appointment eligibility
25
condition on a 7-year basis;”.
      (3)
In paragraphs (c) and (d), for “ten” substitute “seven”.
34    (1)
Schedule 13 to the Financial Services and Markets Act 2000 (c. 8) is amended
as follows.
      (2)
In paragraph 2(5) (President of Financial Services and Markets Tribunal)—
30
(a)
for paragraph (a) substitute—
“(a)
satisfies the judicial-appointment eligibility
condition on a 7-year basis;”, and
(b)
in paragraphs (b) and (c)(i) and (ii), for “ten” substitute “7”.
      (3)
In paragraph 3(2) (panel of chairmen)—
35
(a)
for paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility
condition on a 5-year basis;”, and
(b)
in paragraphs (b) and (c)(i) and (ii), for “seven” substitute “5”.
35    (1)
The Land Registration Act 2002 (c. 9) is amended as follows.
40
      (2)
In section 107(2) (Adjudicator to Her Majesty’s Land Registry), for the words
from “have” to the end substitute “satisfy the judicial-appointment
eligibility condition on a 7-year basis.”

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 1 — Amendments
198

      (3)
In paragraph 4(2) of Schedule 9 (delegation by adjudicator of non-
administrative functions to staff), for the words from “has” to the end
substitute “satisfies the judicial-appointment eligibility condition on a 7-
year basis.”
36    (1)
Paragraph 1 of Schedule 2 to the Enterprise Act 2002 (c. 40) is amended as
5
follows.
      (2)
In sub-paragraph (1) (President of Competition Appeal Tribunal)—
(a)
for paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility
condition on a 7-year basis;”, and
10
(b)
in paragraphs (b) and (c), for “10” substitute “7”.
      (3)
In sub-paragraph (2) (chairmen)—
(a)
for paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility
condition on a 5-year basis;”, and
15
(b)
in paragraphs (b) and (c), for “7” substitute “5”.
37    (1)
Paragraph 2(1) of Schedule 4 to the Nationality, Immigration and Asylum
Act 2002 (c. 41) (members of Asylum and Immigration Tribunal) is amended
as follows.
      (2)
For paragraph (a) substitute—
20
“(a)
satisfies the judicial-appointment eligibility condition on a
5-year basis,”.
      (3)
In paragraphs (b) and (c), for “seven” substitute “5”.
38    (1)
The Courts Act 2003 (c. 39) is amended as follows.
      (2)
In section 22(1) (District Judges (Magistrates’ Courts)), for “has a 7 year
25
general qualification” substitute “satisfies the judicial-appointment
eligibility condition on a 5-year basis”.
      (3)
In section 24(1) (Deputy District Judges (Magistrates’ Courts)), for “has a 7
year general qualification” substitute “satisfies the judicial-appointment
eligibility condition on a 5-year basis”.
30
39
In section 81(2)(a) of the Traffic Management Act 2004 (c. 18) (adjudicators),
for the words from “have” to the end substitute “satisfy the judicial-
appointment eligibility condition on a 5-year basis;”.
40    (1)
Schedule 4 to the Pensions Act 2004 (c. 35) is amended as follows.
      (2)
In paragraph 1(2) (panel of chairmen of Pensions Regulator Tribunal)—
35
(a)
for paragraph (a) substitute—
“(a)
he satisfies the judicial-appointment eligibility
condition on a 5-year basis,” and
(b)
in paragraphs (b), (c) and (d), for “7” substitute “5”.
      (3)
In paragraph 2(5) (President or Deputy President)—
40
(a)
for paragraph (a) substitute—
“(a)
satisfies the judicial-appointment eligibility
condition on a 7-year basis,” and
(b)
in paragraphs (b), (c) and (d), for “10” substitute “7”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 2 — Amendments relating to enactments already repealed
199

41    (1)
Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the
Supreme Court) is amended as follows.
      (2)
In subsection (1), for paragraph (b) and the word “or” immediately
preceding it substitute—
“(b)
satisfied the judicial-appointment eligibility condition on a
5
15-year basis, or
(c)
been a qualifying practitioner for a period of at least 15
years.”
      (3)
In subsection (2), omit paragraph (a).
42
In paragraph 1(2) of Schedule 3 to the Education Act 2005 (c. 18) (Chairman
10
of tribunal hearing appeals under section 27 of that Act), for the words from
“have a” to the end substitute “satisfy the judicial-appointment eligibility
condition on a 5-year basis.”
43    (1)
Paragraph 2 of Schedule 8 to the Gambling Act 2005 (c. 19) (President and
members of Gambling Appeals Tribunal) is amended as follows.
15
      (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 “seven” substitute “5”.
44    (1)
Schedule 13 to the National Health Service Act 2006 (c. 41) is amended as
20
follows.
      (2)
For paragraph 3 (President and Deputy President of Family Health Services
Appeal Authority) substitute—
“3    (1)
A person is eligible to be appointed as the President only if he
satisfies the judicial-appointment eligibility condition on a 7-year
25
basis.
      (2)
A person is eligible to be appointed as a Deputy President only if
he satisfies the judicial-appointment eligibility condition on a 5-
year basis.”
      (3)
In paragraph 6(2)(a) (other members), for “with a 7 year general qualification
30
(construed as in paragraph 3)” substitute “who satisfy the judicial-
appointment eligibility condition on a 5-year basis”.
      (4)
In paragraph 9 (composition of panels), for the words from “must” to the
end substitute “must satisfy the judicial-appointment eligibility condition
on a 5-year basis.”
35
Part 2
Amendments relating to enactments already repealed
45    (1)
This Part of this Schedule contains amendments of enactments that have
already been repealed by provisions of other Acts.
      (2)
In each case—
40
(a)
the repealing provision is specified in relation to the enactment being
amended, and

Tribunals, Courts and Enforcement Bill [HL]
Schedule 10 — Amendments relating to judicial appointments
Part 2 — Amendments relating to enactments already repealed
200

(b)
the amendment has effect only until the repealing provision is fully
commenced in relation to the enactment amended.
46    (1)
In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in
Ordinary)—
(a)
for the words from “for not less than fifteen” to the end of paragraph
5
(a) substitute—
“(a)
a person who satisfies the judicial-appointment
eligibility condition on a 15-year basis;”, and
(b)
at the beginning of each of paragraphs (b) and (c) insert “for not less
than fifteen years,”.
10
      (2)
In relation to the enactment referred to in sub-paragraph (1), the repealing
provision is paragraph 9 of Schedule 17 to the Constitutional Reform Act
2005 (c. 4).
47    (1)
In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge
Advocate of Her Majesty’s Fleet)—
15
(a)
for paragraph (a) substitute—
“(a)
a person who satisfies the judicial-appointment
eligibility condition on a 7-year basis;”, and
(b)
in paragraphs (b) and (c), for “10” (in each place where it occurs)
substitute “7”.
20
      (2)
In section 84B(2) of each of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) and the Air
Force Act 1955 (3 & 4 Eliz. 2 c. 19) (judge advocates), for paragraph (a)
substitute—
“(a)
a person who satisfies the judicial-appointment eligibility
condition on a 5-year basis;”.
25
      (3)
In section 103B(5) of each of those Acts (qualified officers in field general
courts-martial), for paragraph (a) substitute—
“(a)
a person who is a barrister or solicitor in England and
Wales;”.
      (4)
In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates),
30
for paragraph (a) substitute—
“(a)
a person who satisfies the judicial-appointment eligibility
condition on a 5-year basis;”.
      (5)
In relation to the enactments referred to in sub-paragraphs (1) to (4), the
repealing provision is Schedule 17 to the Armed Forces Act 2006 (c. 52).
35
48    (1)
In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2)
(chairman of Levy Appeal Tribunal)—
(a)
for sub-paragraph (i) substitute—
“(i)
a person who satisfies the judicial-
appointment eligibility condition on a 5-year
40
basis; or”, and
(b)
in sub-paragraph (ii), for “7” substitute “5”.
      (2)
In relation to the enactment referred to in sub-paragraph (1), the repealing
provision is section 356(3)(f) of the Gambling Act 2005 (c. 19).
49    (1)
In section 17(1)(a) of the Commons Registration Act 1965 (c. 64) (Commons
45
Commissioners), for the words from “persons” to “1990,” substitute

Tribunals, Courts and Enforcement Bill [HL]
Schedule 11 — District judges and deputy district judges
201

“persons who satisfy the judicial-appointment eligibility condition on a 5-
year basis”.
      (2)
In relation to the enactment referred to in sub-paragraph (1), the repealing
provision is Part 1 of Schedule 6 to the Commons Act 2006 (c. 26).
50    (1)
In section 73(4) of the Road Traffic Act 1991 (c. 40) (parking adjudicator), for
5
the words from “have” to the end substitute “satisfy the judicial-
appointment eligibility condition on a 5-year basis.”
      (2)
In relation to the enactment referred to in sub-paragraph (1), the repealing
provision is Part 1 of Schedule 12 to the Traffic Management Act 2004 (c. 18).
Schedule 11
10
Section 53

District judges and deputy district judges
Supreme Court Act 1981 (c. 54)
1
The Supreme Court Act 1981 is amended as set out in paragraphs 2 and 3.
2
In section 100 (district judges), after subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
15
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (1).”
3     (1)
Section 102 (deputy district judges) is amended as follows.
      (2)
For subsections (1) and (2) (appointment of deputy district judges to district
registries) substitute—
20
“(1)
If it appears to the Lord Chancellor that it is expedient to do so in
order to facilitate the disposal of business in the High Court, he may
appoint a person to be a deputy district judge.
(1A)
A person is qualified for appointment under subsection (1) only if the
person—
25
(a)
is qualified for appointment as a district judge, and
(b)
does not hold, and has never held, the office of district judge.
(1B)
If it appears to the Lord Chief Justice, after consulting the Lord
Chancellor, that it is expedient to do so in order to facilitate the
disposal of business in the High Court, he may appoint a person to
30
be a deputy district judge.
(1C)
A person is qualified for appointment under subsection (1B) only if
the person has held, but no longer holds, the office of district judge.”
      (3)
In subsection (3) (former district judge may be appointed as deputy even
though too old to be appointed as a district judge, but no appointment by
35
virtue of the subsection may extend beyond age 75), for the words from the
beginning to “by virtue of this subsection” substitute “No appointment
under subsection (1B)”.