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Tribunals, Courts and Enforcement Act 2007

Type Public General Act

Publication 2007-07-19

Last updated 2026-03-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(19A) (1) Subsections (3) to (6) apply if— (a) a conciliation officer— (i) has taken action under section 18 in a case, and (ii) issues a certificate in writing stating that a compromise has been reached in the case, and (b) all of the terms of the compromise are set out— (i) in a single relevant document, or (ii) in a combination of two or more relevant documents. (2) A document is a “relevant document” for the purposes of subsection (1) if— (a) it is the certificate, or (b) it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph. (3) Any sum payable by a person under the terms of the compromise (a “compromise sum”) shall, subject to subsections (4) to (7), be recoverable— (a) in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court; (b) in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (4) A compromise sum is not recoverable under subsection (3) if— (a) the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and (b) that declaration is made. (5) If rules of court so provide, a compromise sum is not recoverable under subsection (3) during the period— (a) beginning with the issue of the certificate, and (b) ending at such time as may be specified in, or determined under, rules of court. (6) If the terms of the compromise provide for the person to whom a compromise sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)— (a) in England and Wales, only if a county court so orders; (b) in Scotland, only if the sheriff so orders. (7) Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending. (8) An application for a declaration under subsection (4) may be made to an employment tribunal, a county court or the sheriff. (9) Employment tribunal procedure regulations may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made. (10) Rules of court may make provision as to— (a) the time within which an application to a county court for a declaration under subsection (4) is to be made; (b) the time within which an application to the sheriff for a declaration under subsection (4) is to be made; (c) when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7). (11) Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section. (12) In this section “compromise” (except in the phrase “compromise sum”) means a settlement, or compromise, to avoid proceedings or bring proceedings to an end.

Design rights: appeals

Appeals in relation to design rights

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 8 — General

Protected functions of the Lord Chancellor

144

(1) In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor) Part A of the list in paragraph 4 is amended as follows.

(2) In the entry for the London Building Acts (Amendment) Act 1939 (c. xcvii) after “109(2)” insert “ and (4) ”.

(3) Insert in the appropriate place—

Attachment of Earnings Act 1971 (c. 32) Section 6A Section 15B Schedule 3A

(4) Insert in the appropriate place—

Charging Orders Act 1979 (c. 53) Section 3A

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the entries for the County Courts Act 1984 (c. 28) insert in the appropriate place—

Section 85(2) Part 6 Part 6A

(7) In the entry for section 26(5), (6) and (9) of the Judicial Pensions and Retirement Act 1993 (c. 8), for “and (9)” substitute

, (9) and (13)

(8) In the entries for the Employment Tribunals Act 1996 (c. 17) insert in the appropriate place—

Section 5A Section 7A

Section 29A

(9) In the entry for the Social Security Act 1998 (c. 14) insert in the appropriate place—

Section 7(6A)

(10) In the entries for the Nationality, Immigration and Asylum Act 2002 (c. 41)—

(a) insert in the appropriate place—

Section 107

;

(b) in the entry for Schedule 4, for “and 7” substitute “ , 7 and 14 ”.

(11) Insert in the appropriate place—

Tribunals, Courts and Enforcement Act 2007 Part 1 Section 51 Part 3 Sections 95 to 102

Power to make supplementary or other provision

145

(1) The Lord Chancellor (or, in relation to Chapter 3 of Part 5 only, the Secretary of State) may by order make any supplementary, incidental, consequential, transitory, transitional or saving provision which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) An order under this section may in particular—

(a) provide for any provision of this Act which comes into force before another to have effect, until that other provision has come into force, with modifications specified in the order;

(b) amend, repeal or revoke any enactment other than one contained in an Act or instrument passed or made after the Session in which this Act is passed.

(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 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 made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Repeals

146

Schedule 23 contains repeals.

Extent

147

(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 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 143(1) and (2),

(b) the repeal by this Act of any provision specified in Part 6 of Schedule 23 that extends to the Isle of Man,

(i) section 143(1) and (2), and

(ii) the provisions of this Act by which the repeals mentioned in paragraph (b) are effected, and

(d) this section and section 149.

Commencement

148

(1) Section 60 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(2) 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.

(3) The provisions of Part 6 come into force, except as provided by subsection (4), in accordance with provision made by the Secretary of State by order.

(4) 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.

(5) The remaining provisions of this Act, except sections 53, 55, 56, 57, 145, 147, 149, this section and Schedule 11, come into force in accordance with provision made by the Lord Chancellor by order.

(6) An order under this section may make different provision for different purposes.

(7) The power to make an order under this section is exercisable by statutory instrument.

Short title

149

This Act may be cited as the Tribunals, Courts and Enforcement Act 2007.

SCHEDULE 1

Part 1 — Recommendations for appointment

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.

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

(2) Sub-paragraphs (3) and (4) apply if—

(a) the outcome of consultation under sub-paragraph (1) is agreement between—

(i) the Lord Chancellor,

(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—

(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.

(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—

(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 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 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 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

The selection process

4

In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (appointments), after section 75 insert—

(75A) (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 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) (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 (c) make a selection accordingly. (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 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. (6) A selection panel is a committee of the Commission. (75C) (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. (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— (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 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 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 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 (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. (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 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. (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) (1) After complying with section 75B(2) the selection panel must submit 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. (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) (1) This section refers to the following stages—

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 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. (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; (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 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) (1) The power of the Lord Chancellor under section 75E to reject a 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 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. (3) The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection. (75G) (1) If under section 75F the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must 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 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 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 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.

(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 — 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 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 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.

(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 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 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

(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.

(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

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;

(b) allowances;

Oaths

11

(1) A person appointed to the office of Senior President of Tribunals must take the required oaths in the presence of—

(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.

(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,

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 “tribunal member”—

(a) a judge, or other member, of the First-tier Tribunal or Upper Tribunal,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(a) the First-tier Tribunal,

(b) the Upper Tribunal,

(d) employment tribunals,

(e) the Employment Appeal Tribunal, and

(f) any tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

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

(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.

SCHEDULE 2

Power to appoint judges of First-tier Tribunal

1

(1) The Senior President of Tribunals may appoint a person to be one of the judges of the First-tier 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 5-year basis,

(b) is an advocate or solicitor in Scotland of at least five years' standing,

(d) in the opinion of the Senior President of Tribunals, 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 Senior President of Tribunals instead of to the relevant decision-maker.

Power to appoint other members of First-tier Tribunal

2

(1) The Senior President of Tribunals may appoint a person to be one of the members of the 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

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

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 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

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

(2) If the terms of the person's appointment provide that he is appointed on a 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.

(2A) If the terms of the person's appointment provide that the person is appointed on a 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—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment.

(2B) If the period (or extended period) for which the person is appointed ends before—

(a) the day on which the person attains the age of 75

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C) Extension under sub-paragraph (2B)—

(a) requires the person's agreement,

(b) is to be for such period as the Lord Chancellor considers appropriate, and

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

(3) Subject to the preceding provisions of this paragraph (but subject in the first place 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, which are to be such as the Lord Chancellor may determine.

Remuneration, allowances and expenses

5

(1) Sub-paragraph (2) 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

(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 of—

(a) remuneration;

(b) allowances;

Certain judges neither appointed under paragraph 1(1) nor transferred in

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),

(d) is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal,

(e) is not a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal),

(f) . . . and

(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.

(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—

(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, ...

(v) a District Judge (Magistrates' Courts),

(vi) the Master of the Rolls,

(vii) the President of the Queen's Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;

(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;

(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

(iv) a district judge in Northern Ireland.

(3A) A request made under sub-paragraph (2) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be made only with the concurrence of the Lord Chief Justice of England and Wales.

(4) Sub-paragraph (5) applies—

(a) to a judge by request of the First-tier Tribunal, and

(b) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal), . . .

(5) 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 of—

(a) remuneration;

(b) allowances;

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 Employment Judges), or

(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),. . .

(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;

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 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

(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

(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 Constitutional Reform Act 2005 (c. 4));

(b) he holds judicial office (as defined in section 109(4) of that Act);

(4) In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a) the oath of allegiance, and

(b) the judicial oath,

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

(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) Act 2002 (c. 26), or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

SCHEDULE 3

Power to appoint judges of Upper Tribunal

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 basis,

(b) is an advocate or solicitor in Scotland of at least seven years' standing,

(d) in the opinion of the Senior President of Tribunals, 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 Senior President of Tribunals instead of to the relevant decision-maker.

Power to appoint other members of Upper Tribunal

2

(1) The Senior President of Tribunals 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 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),

(b) a transferred-in judge of the Upper Tribunal,

(ba) a person who is a deputy judge of the Upper Tribunal (whether by appointment under paragraph 7(1) or as a result of provision under section 31(2)),or

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 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

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 Upper Tribunal, and

(2) If the terms of the person's appointment provide that he is appointed on a 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.

(2A) If the terms of the person's appointment provide that the person is appointed on a 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—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment.

(2B) If the period (or extended period) for which the person is appointed ends before—

(a) the day on which the person attains the age of 75

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C) Extension under sub-paragraph (2B)—

(a) requires the person's agreement,

(b) is to be for such period as the Lord Chancellor considers appropriate, and

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

(3) Subject to the preceding provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office as a judge, or other member, of the Upper Tribunal in accordance with the terms of his appointment, which are to be such as the Lord Chancellor may determine.

Remuneration, allowances and expenses

5

(1) Sub-paragraph (2) applies—

(a) to a person appointed under paragraph 1(1) or 2(1),

(b) to a transferred-in judge of the Upper Tribunal, and

(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 of—

(a) remuneration;

(b) allowances;

Certain judges neither appointed under paragraph 1(1) nor transferred in

6

(1) In this paragraph “judge by request of the Upper Tribunal” means a person who is a judge of the Upper Tribunal but—

(a) is not the Senior President of Tribunals,

(b) is not a judge of the Upper Tribunal appointed under paragraph 1(1),

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) is not a deputy judge of the Upper Tribunal, and

(f) is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the Upper Tribunal.

(2) A judge by request of the Upper Tribunal may act as a judge of the Upper Tribunal only if requested to do so by the Senior President of Tribunals.

(3) Such a request made to a person who is a judge of the Upper Tribunal by virtue of section 5(1)(g) may be made only with—

(a) the concurrence of the Lord Chief Justice of England and Wales where the person is—

(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, ...

(v) a District Judge (Magistrates' Courts),

(vi) the Master of the Rolls,

(vii) the President of the Queen's Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;

(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;

(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

(iv) a district judge in Northern Ireland.

(4) The Lord Chancellor may pay to a judge by request of the Upper Tribunal, or a person who is a judge of the Upper Tribunal by virtue of section 5(1)(d), such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

Deputy judges of the Upper Tribunal

7

(1) The Senior President of Tribunals may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate.

(2) A person is eligible for appointment under sub-paragraph (1) only if he is eligible to be appointed under paragraph 1(1) (see paragraph 1(2)).

(3) The following provisions of this paragraph apply—

(a) to a person appointed under sub-paragraph (1), and

(b) to a person who becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2).

(3A) The person may be removed from office—

(a) only by the Lord Chancellor (and in accordance with paragraph 3), and

(b) only on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment.

(3B) If the period (or extended period) for which the person is appointed ends before—

(a) the day on which the person attains the age of 75

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (3C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(3C) Extension under sub-paragraph (3B)—

(a) requires the person's agreement,

(b) is to be for such period as the Lord Chancellor considers appropriate, and

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

(4) Subject to the previous provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person's terms of appointment, which are to be such as the Lord Chancellor may determine.

(5) 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 of—

(a) remuneration;

(b) allowances;

Other members neither appointed under paragraph 2(1) nor transferred in

8

(1) In this paragraph “ex officio member of the Upper Tribunal” means—

(a) a person who is a member of the Upper Tribunal by virtue of section 5(2)(c) (member of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17)),. . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Lord Chancellor may pay to an ex officio member of the Upper Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

Training etc.

9

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 members of the Upper Tribunal (in their capacities as such judges and other members).

Oaths

10

(1) Sub-paragraph (2) applies to a person (“J”)—

(a) who is appointed under paragraph 1(1), 2(1) or 7(1), or

(b) who—

(i) becomes a transferred-in judge, or a transferred-in other member, of the Upper Tribunal, or

(ii) becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2),

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

(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 Constitutional Reform Act 2005 (c. 4));

(b) he holds judicial office (as defined in section 109(4) of that Act);

(4) In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a) the oath of allegiance, and

(b) the judicial oath,

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

(5) Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the Upper 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) Act 2002 (c. 26), or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

SCHEDULE 4

Part 1 — Chamber Presidents: appointment, delegation, deputies and further provision

Eligibility for appointment as Chamber President by Lord Chancellor

1

A person is eligible for appointment under section 7(7) only if—

(a) he is a judge of the Upper Tribunal, or

(b) he does not fall within paragraph (a) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

Appointment as Chamber President by Lord Chancellor: consultation and nomination

2

(1) The Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals appoints under section 7(7) a person within—

section 6(1)(a) (ordinary judge of Court of Appeal in England and Wales),

section 6(1)(b) (Lord Justice of Appeal in Northern Ireland),

section 6(1)(c) (judge of the Court of Session), or

section 6(1)(d) (puisne judge of the High Court in England and Wales or Northern Ireland).

(2) If the Senior President of Tribunals, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Senior President of Tribunals must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(3) If the Senior President of Tribunals, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Senior President of Tribunals must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(4) If the Senior President of Tribunals, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Senior President of Tribunals must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

(4A) The Senior President of Tribunals may make a request under sub-paragraph (2), (3) or (4) only with the Lord Chancellor's concurrence.

(5) If a judge is nominated under sub-paragraph (2), (3) or (4) in response to a request under that sub-paragraph, the Senior President of Tribunals must appoint the nominated judge as Chamber President of the chamber concerned.

Chamber Presidents: duration of appointment, remuneration etc.

3

(1) A Chamber President is to hold and vacate office as a Chamber President in accordance with the terms of his appointment as a Chamber President but subject to paragraph 5A (and subject in the first place to the Judicial Pensions and Retirement Act 1993 (c. 8)), and those terms are to be such as the Lord Chancellor may determine.

(2) The Lord Chancellor may pay to a Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

Delegation of functions by Chamber Presidents

4

(1) The Chamber President of a chamber of the First-tier Tribunal or Upper Tribunal may delegate any function he has in his capacity as the Chamber President of the chamber—

(a) to any judge, or other member, of either of those tribunals;

(b) to staff appointed under section 40(1).

(2) A delegation under sub-paragraph (1) is not revoked by the delegator's becoming incapacitated.

(3) Any delegation made by a person under sub-paragraph (1) that is in force immediately before the person ceases to be the Chamber President of a chamber continues in force until subsequently varied or revoked by another holder of the office of Chamber President of that chamber.

(4) The delegation under sub-paragraph (1) of a function shall not prevent the exercise of the function by the Chamber President of the chamber concerned.

(5) In this paragraph “delegate” includes further delegate.

Deputy Chamber Presidents

5

(1) The Senior President of Tribunals may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber.

(2) The Senior President of Tribunals may appoint a person who is a Deputy Chamber President of a chamber to be instead, or to be also, a Deputy Chamber President of another chamber.

(3) The power under sub-paragraph (1) is exercisable in any particular case only if the Senior President of Tribunals—

(a) has consulted the Lord Chancellor about whether a Deputy Chamber President should be appointed for the chamber concerned, and

(b) considers, in the light of the consultation, that a Deputy Chamber President of the chamber should be appointed.

(4) A person is eligible for appointment under sub-paragraph (1) only if—

(a) he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,

(b) he is a transferred-in judge of the Upper Tribunal (see section 31(2)),

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 5(1)(e) (Social Security Commissioner for Northern Ireland),

section 5(1)(g) (certain judges of courts in the United Kingdom), or

section 5(1)(h) (deputy judge of the Upper Tribunal), or

(d) he falls within none of paragraphs (a) to (c) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

(5) If the Senior President of Tribunals, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Senior President of Tribunals must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(6) If the Senior President of Tribunals, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Senior President of Tribunals must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(7) If the Senior President of Tribunals, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Senior President of Tribunals must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

(7A) The Senior President of Tribunals may make a request under sub-paragraph (5), (6) or (7) only with the Lord Chancellor's concurrence.

(8) If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the Senior President of Tribunals must appoint the nominated judge as a Deputy Chamber President of the chamber concerned.

(9) A Deputy Chamber President is to hold and vacate office as a Deputy Chamber President in accordance with the terms of his appointment but subject to paragraph 5A (and subject in the first place to the Judicial Pensions and Retirement Act 1993 (c. 8)), and those terms are to be such as the Lord Chancellor may determine.

(10) The Lord Chancellor may pay to a Deputy Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(11) In sub-paragraphs (1) and (2) “chamber” means chamber of the First-tier Tribunal or chamber of the Upper Tribunal.

Acting Chamber Presidents

6

(1) If in the case of a particular chamber of the First-tier Tribunal or Upper Tribunal there is no-one appointed under section 7 to preside over the chamber, the Senior President of Tribunals may appoint a person to preside over the chamber during the vacancy.

(2) A person appointed under sub-paragraph (1) is to be known as an Acting Chamber President.

(3) A person who is the Acting Chamber President of a chamber is to be treated as the Chamber President of the chamber for all purposes other than—

(a) the purposes of this paragraph of this Schedule, and

(b) the purposes of the Judicial Pensions and Retirement Act 1993 (c. 8).

(4) A person is eligible for appointment under sub-paragraph (1) only if he is eligible for appointment as a Chamber President.

(5) An Acting Chamber President is to hold and vacate office as an Acting Chamber President in accordance with the terms of his appointment.

(6) The Lord Chancellor may pay to an Acting Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

Guidance

7

The Chamber President of a chamber of the First-tier Tribunal or the Upper Tribunal is to make arrangements for the issuing of guidance on changes in the law and practice as they relate to the functions allocated to the chamber.

Oaths

8

(1) Sub-paragraph (2) applies to a person (“the appointee”)—

(a) appointed under section 7(7) as a Chamber President,

(b) appointed under paragraph 5(1) as a Deputy Chamber President of a chamber, or

(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.

(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 Constitutional Reform Act 2005 (c. 4));

(b) he holds judicial office (as defined in section 109(4) of that Act);

(4) Sub-paragraph (2) does not apply to the appointee if he has previously taken the required oaths in compliance with a requirement imposed on him under paragraph 9 of Schedule 2 or paragraph 10 of Schedule 3.

(5) In this paragraph “the required oaths” means (subject to sub-paragraph (6))—

(a) the oath of allegiance, and

(b) the judicial oath,

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

(6) Where it appears to the Lord Chancellor that the appointee will carry out functions under his appointment wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to the appointee “the required oaths” means—

(a) the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

Part 2 — Judges and other members of chambers: assignment and jurisdiction

Assignment is function of Senior President of Tribunals

9

(1) The Senior President of Tribunals has—

(a) the function of assigning judges and other members of the First-tier Tribunal (including himself) to chambers of the First-tier Tribunal, and

(b) the function of assigning judges and other members of the Upper Tribunal (including himself) to chambers of the Upper Tribunal.

(2) The functions under sub-paragraph (1) are to be exercised in accordance with the following provisions of this Part of this Schedule.

Deemed assignment of Chamber Presidents and Deputy Chamber Presidents

10

(1) The Chamber President, or a Deputy Chamber President, of a chamber—

(a) is to be taken to be assigned to that chamber;

(b) may be assigned additionally to one or more of the other chambers;

(2) Paragraphs 11(1) and (2) and 12(2) and (3) do not apply to assignment of a person who is a Chamber President or a Deputy Chamber President.

(3) In sub-paragraph (1) “chamber” means chamber of the First-tier Tribunal or the Upper Tribunal.

Assigning members of First-tier Tribunal to its chambers

11

(1) Each person who is a judge or other member of the First-tier Tribunal by virtue of appointment under paragraph 1(1) or 2(1) of Schedule 2 or who is a transferred-in judge, or transferred-in other member, of the First-tier Tribunal—

(a) is to be assigned to at least one of the chambers of the First-tier Tribunal, and

(b) may be assigned to different chambers of the First-tier Tribunal at different times.

(2) A judge or other member of the First-tier Tribunal to whom sub-paragraph (1) does not apply—

(a) may be assigned to one or more of the chambers of the First-tier Tribunal, and

(b) may be assigned to different chambers of the First-tier Tribunal at different times.

(3) The Senior President of Tribunals may assign a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence—

(a) of the Chamber President of the chamber, and

(b) of the judge or other member.

(4) The Senior President of Tribunals may end the assignment of a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence of the Chamber President of the chamber.

(5) Sub-paragraph (3)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the First-tier Tribunal.

(6) Sub-paragraphs (3)(a) and (4) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(7) Sub-paragraphs (3) and (4) do not apply where the judge concerned is the Senior President of Tribunals himself.

Assigning members of Upper Tribunal to its chambers

12

(1) Sub-paragraph (2) applies to a person if—

(a) he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3, or

(b) he is a transferred-in judge of the Upper Tribunal, or

(d) he is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3, or

(e) he is a transferred-in other member of the Upper Tribunal.

(2) Each person to whom this sub-paragraph applies—

(a) is to be assigned to at least one of the chambers of the Upper Tribunal, and

(b) may be assigned to different chambers of the Upper Tribunal at different times.

(3) A judge or other member of the Upper Tribunal to whom sub-paragraph (2) does not apply—

(a) may be assigned to one or more of the chambers of the Upper Tribunal, and

(b) may be assigned to different chambers of the Upper Tribunal at different times.

(4) The Senior President of Tribunals may assign a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence—

(a) of the Chamber President of the chamber, and

(b) of the judge or other member.

(5) The Senior President of Tribunals may end the assignment of a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence of the Chamber President of the chamber.

(6) Sub-paragraph (4)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the Upper Tribunal.

(7) Sub-paragraphs (4)(a) and (5) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(8) Sub-paragraphs (4) and (5) do not apply where the judge concerned is the Senior President of Tribunals himself.

Policy of Senior President of Tribunals as respects assigning members to chambers etc.

13

(1) The Senior President of Tribunals must publish a document recording the policy adopted by him in relation to—

(a) the assigning of persons to chambers in exercise of his functions under paragraph 9,

(b) . . . and

(c) the nominating of persons to act as members of panels of members of employment tribunals in exercise of his functions under any such provision as is mentioned in section 5D(1) of the Employment Tribunals Act 1996 (c. 17).

(2) That policy must be such as to secure—

(a) that appropriate use is made of the knowledge and experience of the judges and other members of the First-tier Tribunal and Upper Tribunal, and

(b) that, in the case of a chamber (of the First-tier Tribunal or Upper Tribunal) whose business consists of, or includes, cases likely to involve the application of the law of Scotland or Northern Ireland, sufficient knowledge and experience of that law is to be found among persons assigned to the chamber.

(3) No policy may be adopted by the Senior President of Tribunals for the purposes of sub-paragraph (1) unless the Lord Chancellor concurs in the policy.

(4) The Senior President of Tribunals must keep any policy adopted for the purposes of sub-paragraph (1) under review.

Choosing members to decide cases

14

(1) The First-tier Tribunal's function, or the Upper Tribunal's function, of deciding any matter in a case before the tribunal is to be exercised by a member or members of the chamber of the tribunal to which the case is allocated.

(2) The member or members must be chosen by the Senior President of Tribunals.

(3) A person choosing under sub-paragraph (2)—

(a) must act in accordance with any provision under paragraph 15;

(b) may choose himself.

(4) In this paragraph “member”, in relation to a chamber of a tribunal, means a judge or other member of the tribunal who is assigned to the chamber.

Composition of tribunals

15

(1) The Lord Chancellor must by order make provision, in relation to every matter that may fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter.

(2) Where an order under sub-paragraph (1) provides for a matter to be decided by a single member of a tribunal, the order—

(a) must make provision for determining whether the matter is to be decided by one of the judges, or by one of the other members, of the tribunal, and

(b) may make provision for determining, if the matter is to be decided by one of the other members of the tribunal, what qualifications (if any) that other member must have.

(3) Where an order under sub-paragraph (1) provides for a matter to be decided by two or more members of a tribunal, the order—

(a) must make provision for determining how many (if any) of those members are to be judges of the tribunal and how many (if any) are to be other members of the tribunal, and

(b) may make provision for determining—

(i) if the matter is to be decided by persons who include one or more of the other members of the tribunal, or

(ii) if the matter is to be decided by two or more of the other members of the tribunal,

what qualifications (if any) that other member or any of those other members must have.

(4) A duty under sub-paragraph (1), (2) or (3) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals, or a Chamber President, in accordance with any provision made under that sub-paragraph.

(5) Power under paragraph (b) of sub-paragraph (2) or (3) to provide for the determination of anything may be exercised by giving, to the Senior President of Tribunals or a Chamber President, power to determine that thing in accordance with any provision made under that paragraph.

(6) Where under sub-paragraphs (1) to (4) a matter is to be decided by two or more members of a tribunal, the matter may, if the parties to the case agree, be decided in the absence of one or more (but not all) of the members chosen to decide the matter.

(7) Where the member, or any of the members, of a tribunal chosen to decide a matter does not have any qualification that he is required to have under sub-paragraphs (2)(b), or (3)(b), and (5), the matter may despite that, if the parties to the case agree, be decided by the chosen member or members.

(8) Before making an order under this paragraph, the Lord Chancellor must consult the Senior President of Tribunals.

(9) In this paragraph “qualification” includes experience.

SCHEDULE 5

Part 1 — Tribunal Procedure Rules

Introductory

1

(1) This Part of this Schedule makes further provision about the content of Tribunal Procedure Rules.

(2) The generality of section 22(1) is not to be taken to be prejudiced by—

(a) the following paragraphs of this Part of this Schedule, or

(b) any other provision (including future provision) authorising or requiring the making of provision by Tribunal Procedure Rules.

(3) In the following paragraphs of this Part of this Schedule “Rules” means Tribunal Procedure Rules.

Concurrent functions

2

Rules may make provision as to who is to decide, or as to how to decide, which of the First-tier Tribunal and Upper Tribunal is to exercise, in relation to any particular matter, a function that is exercisable by the two tribunals on the basis that the question as to which of them is to exercise the function is to be determined by, or under, Rules.

Delegation of functions to staff

3

(1) Rules may provide for functions—

(a) of the First-tier Tribunal, or

(b) of the Upper Tribunal,

to be exercised by staff appointed under section 2(1) of the Courts Act 2003 or section 40(1) of this Act.

(2) In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Rules may (in particular)—

(a) provide for the function to be exercisable by a member of staff only if the member of staff is, or is of a description, specified in exercise of a discretion conferred by Rules;

(b) provide for the function to be exercisable by a member of staff only if the member of staff is approved, or is of a description approved, for the purpose by a person specified in Rules.

(3) A person may exercise functions by virtue of this paragraph only if authorised to do so by the Senior President of Tribunals.

(4) An authorisation under this paragraph—

(a) may be subject to conditions, and

(b) may be varied or revoked by the Senior President of Tribunals at any time.

(5) The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals' functions under the preceding provisions of this paragraph—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of this Act.

(6) A person to whom functions of the Senior President of Tribunals are delegated under sub-paragraph (5)(b) is not subject to the direction of any person other than—

(a) the Senior President of Tribunals, or

(b) a judicial office holder nominated by the Senior President of Tribunals,

when exercising the functions.

(7) Subsections (3) to (5) of section 8 apply to—

(a) a delegation under sub-paragraph (5), and

(b) a nomination under sub-paragraph (6),

as they apply to a delegation under subsection (1) of that section.

(8) In this paragraph—

“function” does not include—any function so far as its exercise involves authorising a person's committal to prison or arrest;any function of granting an injunction;

“judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.

Time limits

4

Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the First-tier Tribunal or the Upper Tribunal.

Repeat applications

5

Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made.

Tribunal acting of its own initiative

6

Rules may make provision about the circumstances in which the First-tier Tribunal, or the Upper Tribunal, may exercise its powers of its own initiative.

Hearings

7

Rules may—

(a) make provision for dealing with matters without a hearing;

(b) make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public.

Proceedings without notice

8

Rules may make provision for proceedings to take place, in circumstances described in Rules, at the request of one party even though the other, or another, party has had no notice.

Representation

9

Rules may make provision conferring additional rights of audience before the First-tier Tribunal or the Upper Tribunal.

Evidence, witnesses and attendance

10

(1) Rules may make provision about evidence (including evidence on oath and administration of oaths).

(2) Rules may modify any rules of evidence provided for elsewhere, so far as they would apply to proceedings before the First-tier Tribunal or Upper Tribunal.

(3) Rules may make provision, where the First-tier Tribunal has required a person—

(a) to attend at any place for the purpose of giving evidence,

(b) otherwise to make himself available to give evidence,

(d) to give evidence as a witness,

(e) to produce a document, or

(f) to facilitate the inspection of a document or any other thing (including any premises),

for the Upper Tribunal to deal with non-compliance with the requirement as though the requirement had been imposed by the Upper Tribunal.

(4) Rules may make provision for the payment of expenses and allowances to persons giving evidence, producing documents, attending proceedings or required to attend proceedings.

Use of information

11

(1) Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the First-tier Tribunal or Upper Tribunal.

(2) Rules may make provision for imposing reporting restrictions in circumstances described in Rules.

Costs and expenses

12

(1) Rules may make provision for regulating matters relating to costs, or (in Scotland) expenses, of proceedings before the First-tier Tribunal or Upper Tribunal.

(2) The provision mentioned in sub-paragraph (1) includes (in particular)—

(a) provision prescribing scales of costs or expenses;

(b) provision for enabling costs to undergo detailed assessment in England and Wales by the county court or the High Court;

(d) provision for enabling costs to be taxed in Northern Ireland in the county court or the High Court;

(e) provision for costs or expenses—

(i) not to be allowed in respect of items of a description specified in Rules;

(ii) not to be allowed in proceedings of a description so specified;

(f) provision for other exceptions to either or both of subsections (1) and (2) of section 29.

Set-off and interest

13

(1) Rules may make provision for a party to proceedings to deduct, from amounts payable by him, amounts payable to him.

(2) Rules may make provision for interest on sums awarded (including provision conferring a discretion or provision in accordance with which interest is to be calculated).

Arbitration

14

Rules may provide for any of the provisions of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 (which extends to Scotland) or Part 1 of the Arbitration Act 1996 (c. 23) (which extends to England and Wales, and Northern Ireland, but not Scotland) not to apply, or not to apply except so far as is specified in Rules, where the First-tier Tribunal, or Upper Tribunal, acts as arbitrator.

Correction of errors and setting-aside of decisions on procedural grounds

15

(1) Rules may make provision for the correction of accidental errors in a decision or record of a decision.

(2) Rules may make provision for the setting aside of a decision in proceedings before the First-tier Tribunal or Upper Tribunal—

(a) where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative,

(b) where a document relating to the proceedings was not sent to the First-tier Tribunal or Upper Tribunal at an appropriate time,

(c) where a party to the proceedings, or a party's representative, was not present at a hearing related to the proceedings, or

(d) where there has been any other procedural irregularity in the proceedings.

(3) Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be prejudiced by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs.

Ancillary powers

16

Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such ancillary powers as are necessary for the proper discharge of its functions.

Rules may refer to practice directions

17

Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under section 23.

Presumptions

18

Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification).

Differential provision

19

Rules may make different provision for different purposes or different areas.

Part 2 — Tribunal Procedure Committee

Membership

20

The Tribunal Procedure Committee is to consist of—

(a) the Senior President of Tribunals or a person nominated by him,

(b) the persons currently appointed by the Lord Chancellor under paragraph 21,

(d) the person currently appointed by the Lord President of the Court of Session under paragraph 23, and

(e) any person currently appointed under paragraph 24 at the request of the Senior President of Tribunals.

Lord Chancellor’s appointees

21

(1) The Lord Chancellor must appoint—

(a) four persons each of whom must be a person with experience of—

(i) practice in tribunals, or

(ii) advising persons involved in tribunal proceedings, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) At least one of those persons must have experience of—

(a) practice in employment tribunals and the Employment Appeal Tribunal, or

(b) advising persons involved in employment tribunal proceedings and the Employment Appeal Tribunal.

(2) Before making an appointment under sub-paragraph (1), the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lord Chief Justice’s appointees

22

(1) The Lord Chief Justice of England and Wales must appoint—

(a) one of the judges of the First-tier Tribunal,

(b) one of the judges of the Upper Tribunal, ...

(c) one person who is a member of the First-tier Tribunal, or is a member of the Upper Tribunal, but is not a judge of the First-tier Tribunal and is not a judge of the Upper Tribunal , and

(d) one person who is a judge, or other member, of the Employment Appeal Tribunal or a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges).

(2) Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.

Lord President’s appointee

23

(1) The Lord President of the Court of Session must appoint one person with experience in and knowledge of the Scottish legal system.

(2) Before making an appointment under sub-paragraph (1), the Lord President of the Court of Session must consult the Lord Chancellor.

Persons appointed at request of Senior President of Tribunals

24

(1) At the request of the Senior President of Tribunals, an appropriate senior judge may appoint a person or persons with experience in and knowledge of—

(a) a particular issue, or

(b) a particular subject area in relation to which the First-tier Tribunal or the Upper Tribunal has, or is likely to have, jurisdiction,

for the purpose of assisting the Committee with regard to that issue or subject area.

(2) In sub-paragraph (1) “an appropriate senior judge” means any of—

(a) the Lord Chief Justice of England and Wales,

(b) the Lord President of the Court of Session, and

(3) The total number of persons appointed at any time under sub-paragraph (1) must not exceed four.

(4) Before making an appointment under sub-paragraph (1), the person making the appointment must consult the Lord Chancellor.

(5) The terms of appointment of a person appointed under sub-paragraph (1) may (in particular) authorise him to act as a member of the Committee only in relation to matters specified by those terms.

Power to amend paragraphs 20 to 24

25

(1) The Lord Chancellor may by order—

(a) amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and

(b) make consequential amendments in any other provision of paragraphs 21 to 24 or in paragraph 28(7).

(2) The making of an order under this paragraph—

(a) requires the concurrence of the Lord Chief Justice of England and Wales,

(b) if the order amends paragraph 23(1), requires also the concurrence of the Lord President of the Court of Session, and

(c) if the order amends paragraph 24(1), requires also the concurrence of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

Committee members' expenses

26

The Lord Chancellor may reimburse members of the Tribunal Procedure Committee their travelling and out-of-pocket expenses.

Part 3 — Making of Tribunal Procedure Rules by Tribunal Procedure Committee

Meaning of “Rules” and “the Committee”

27

In the following provisions of this Part of this Schedule—

“the Committee” means the Tribunal Procedure Committee;

“Rules” means Tribunal Procedure Rules.

Process for making Rules

28

(1) Before the Committee makes Rules, the Committee must—

(a) consult such persons (including such of the Chamber Presidents) as it considers appropriate,

(b) consult the Lord President of the Court of Session if the Rules contain provision relating to proceedings in Scotland, and

(2) Rules made by the Committee must be—

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

(3) The Lord Chancellor may allow or disallow Rules so made.

(4) If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so.

(5) Rules so made and allowed—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6) A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.

Power of Lord Chancellor to require Rules to be made

29

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