Tribunals, Courts and Enforcement Act 2007

• (1) This paragraph applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Rules to include provision that would achieve a purpose specified in the notice.

• (2) The Committee must make such Rules, in accordance with paragraph 28, as it considers necessary to achieve the specified purpose.

• (3) Those Rules must be made—

• (a) within such period as may be specified by the Lord Chancellor in the notice, or

• (b) if no period is so specified, within a reasonable period after the Lord Chancellor gives the notice to the Committee.

Part 4 — Power to amend legislation in connection with Tribunal Procedure Rules

Lord Chancellor’s power

30

• (1) The Lord Chancellor may by order amend, repeal or revoke any enactment to the extent he considers necessary or desirable—

• (a) in order to facilitate the making of Tribunal Procedure Rules, or

• (b) in consequence of—

• (i) section 22,

• (ii) Part 1 or 3 of this Schedule, or

• (iii) Tribunal Procedure Rules.

• (2) In this paragraph “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

SCHEDULE 6

Part 1 — Tribunals for the purposes of sections 30, 35 and 36

Part 2 — Tribunals for the purposes of sections 30 and 35

Part 3 — Tribunals for the purposes of sections 30 and 36

Part 4 — Tribunals for the purposes of section 30

Part 5 — Tribunals for the purposes of sections 35 and 36

Part 6 — Tribunals for the purposes of section 35

Part 7 — Tribunals for the purposes of section 32(3)

SCHEDULE 7

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Membership

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Chairman of the Council

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Term of office of appointed members of Council

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Scottish Committee

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Chairman of the Scottish Committee

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Term of office of appointed members of Scottish Committee

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Welsh Committee

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Chairman of Welsh Committee

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Term of office of Committee members

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Remuneration of Council and Committee members

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Status of Council and Committees

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... — ...

Introductory

...

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Functions with respect to the administrative justice system

...

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General functions with respect to tribunals

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General functions with respect to statutory inquiries

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Referral of matters to the Council under paragraphs 14 and 15

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Reports by the Council under paragraphs 14 and 15

...

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Referral of matters to, and reports by, the Scottish Committee

...

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Referral of matters to, and reports by, the Welsh Committee

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The Council’s programme of work

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Annual reports

...

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Right to attend proceedings

...

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Application to Northern Ireland

...

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... — ...

...

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... — ...

Meaning of “listed tribunal”

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Responsible authorities for purposes of paragraph 25: Scotland

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Responsible authorities for purposes of paragraph 25: Wales

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Other definitions

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SCHEDULE 8

Taxes Management Act 1970 (c. 9)

1

• (1) The following offices are abolished—

• General Commissioner;

• clerk to the General Commissioners for a division;

• assistant clerk to the General Commissioners for a division.

• (2) In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect.

• (3) In this paragraph—

• “division” has the meaning given by section 2(1) and (6) of that Act;

• “General Commissioner” means a Commissioner for the general purposes of the income tax.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

2

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

Health and Safety at Work etc. Act 1974 (c. 37)

3

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

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

6

• (1) The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows.

• (2) In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word “or” at the end of paragraph (b) insert—

(ba) before the First-tier Tribunal or the Upper Tribunal,

.

• (3) In section 1(4) (meaning of “rules of court”), before the word “and” at the end of paragraph (b) insert—

(ba) in relation to the First-tier Tribunal or the Upper Tribunal, means Tribunal Procedure Rules,

.

Race Relations Act 1976 (c. 74)

7

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

Estate Agents Act 1979 (c. 38)

8

Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.).

Town and Country Planning Act 1990 (c. 8)

9

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10

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11

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12

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Food Safety Act 1990 (c. 16)

13

• (1) The Food Safety Act 1990 is amended as follows.

• (2) In section 26(2)(e) (regulations may provide for appeals, including appeals to a tribunal set up by the regulations)—

• (a) after “to the sheriff,” insert “ or to the First-tier Tribunal or the Upper Tribunal, ” and

• (b) omit “or to a tribunal constituted in accordance with the regulations,”.

• (3) In section 37(2) (subsection (1)(c) does not apply where appeal may be made to a tribunal set up by regulations under Part 2), for the words from “provide for an appeal” onwards substitute

provide for an appeal— (a) to a tribunal constituted in accordance with the regulations, or (b) to the First-tier Tribunal or the Upper Tribunal.

Courts and Legal Services Act 1990 (c. 41)

14

The Courts and Legal Services Act 1990 is amended as follows.

15

In section 119(1) (interpretation), in the definition of “court”, for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute—

(a) a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council);

.

16

In Schedule 11 (full-time judges etc barred from legal practice), at the end insert—

Judge or other member of the First-tier Tribunal— (a) appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or (b) who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act) Judge or other member of the Upper Tribunal— (a) appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or (b) who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act) Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal

.

Social Security Administration Act 1992 (c. 5)

17

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18

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19

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Transport and Works Act 1992 (c. 42)

20

The Transport and Works Act 1992 is amended as follows.

21

In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for “1971” substitute “ 1992 ”.

22

• (1) Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows.

• (2) In subsection (9)—

• (a) for “1971” substitute “ 1992 ”, and

• (b) for “section 12(1)” substitute “ section 10(1) ”.

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

Tribunals and Inquiries Act 1992 (c. 53)

23

The Tribunals and Inquiries Act 1992 is amended as follows.

24

Omit section 5 (recommendations of Council as to appointment of members of tribunals).

25

In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect.

26

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

27

Omit section 8 (procedural rules for tribunals).

28

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

29

In section 14(1) (restricted application of Act in relation to certain tribunals)—

• (a) for “the working or a decision of, or procedural rules for,” substitute “ a decision of ”, and

• (b) for “working, decisions or procedure” substitute “ decisions ”.

30

In section 16(1) (interpretation)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after the definition of “Council” insert—

“enactment” includes an Act of the Scottish Parliament,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Judicial Pensions and Retirement Act 1993 (c. 8)

31

• (1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

• (2) In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows.

• (3) In paragraph (f), for the words from “(persons” to the end substitute “ (holders of relevant office); ”.

• (4) After paragraph (g) insert—

(ga) hold office as a deputy judge of the Upper Tribunal if— (i) section 94B of the Constitutional Reform Act 2005 applied to the appointment, and (ii) his corresponding qualifying office was listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007;

.

• (5) In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for purposes of the pensions provisions), at the end of the part dealing with the members of tribunals insert— “Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

• (6) In Schedule 5 (retirement provisions: the relevant offices), at the end insert— “ Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007Senior President of TribunalsDeputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Actj011sDeputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007Clauses.rtf_j012aChamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Pension Schemes Act 1993 (c. 48)

32

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

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)

33

• (1) Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows.

• (2) For paragraph (b) substitute—

(b) any tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council), or

.

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

Criminal Injuries Compensation Act 1995 (c. 53)

34

In the Criminal Injuries Compensation Act 1995, after section 5 insert—

(5A) (1) A person appointed as an adjudicator under section 5 (“the adjudicator”) must take— (a) the oath of allegiance, and (b) the judicial oath, as set out in the Promissory Oaths Act 1868. (2) The adjudicator must take the 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 adjudicator. (3) A person is eligible for the purposes of subsection (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); (b) he holds judicial office (as defined in section 109(4) of that Act); (c) he holds (in Scotland) the office of sheriff. (4) In relation to a person who is an adjudicator appointed before the coming into force of this section, the requirement in subsection (1) applies from the coming into force of this section.

Employment Tribunals Act 1996 (c. 17)

35

The Employment Tribunals Act 1996 is amended as follows.

36

Before section 4 insert—

(3A) A person who is a member of a panel of chairmen of employment tribunals which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.

37

In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after “the person mentioned in subsection (1)(a) alone” insert “ or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal ”.

38

In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “ and the Lord Chancellor, acting jointly, ”.

39

In section 5(1) (pay), for paragraph (c) substitute—

(c) any person who is an Employment Judge on a full-time basis, and

.

40

After section 5 insert—

(5A) The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of chairmen). (5B) (1) Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales. (2) Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session. (3) Any power by which a member of a panel may be removed from membership of the panel— (a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session; (b) may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales. (4) In subsection (3) “panel” means— (a) a panel of chairmen of employment tribunals, or (b) any other panel of members of employment tribunals, which is appointed in accordance with regulations made under section 1(1). (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. (5C) (1) Subsection (2) applies to a person (“the appointee”)— (a) who is appointed— (i) as President of the Employment Tribunals (England and Wales), (ii) as President of the Employment Tribunals (Scotland), or (iii) as a member of a panel (as defined in section 5B(4)), and (b) who has not previously taken the required oaths after accepting another office. (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) If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section. (4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him— (a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005); (b) he holds judicial office (as defined in section 109(4) of that Act); (c) he holds (in Scotland) the office of sheriff. (5) In this section “the required oaths” means— (a) the oath of allegiance, and (b) the judicial oath, as set out in the Promissory Oaths Act 1868. (5D) (1) Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals. (2) The provision has effect only if— (a) the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals, (b) its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales), (c) its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland), (d) its operation as respects a particular relevant judge requires— (i) the consent of the relevant judge, and (ii) the appropriate consent (see subsection (3)), and (e) it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of chairmen of employment tribunals. (3) In subsection (2)(d)(ii) “the appropriate consent” means— (a) the consent of the Lord Chief Justice of England and Wales where the relevant judge is— (i) an ordinary judge of the Court of Appeal in England and Wales, (ii) a puisne judge of the High Court in England and Wales, (iii) a circuit judge, (iv) a district judge in England and Wales, or (v) a District Judge (Magistrates' Courts); (b) the consent of the Lord President of the Court of Session where the relevant judge is— (i) a judge of the Court of Session, or (ii) a sheriff; (c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is— (i) a Lord Justice of Appeal in Northern Ireland, (ii) a puisne judge of the High Court in Northern Ireland, (iii) a county court judge in Northern Ireland, or (iv) a district judge in Northern Ireland. (4) In this section— (a) “relevant tribunal judge” means— (i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, (ii) a transferred-in judge of the First-tier Tribunal, (iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act, (iv) a transferred-in judge of the Upper Tribunal, (v) a deputy judge of the Upper Tribunal, or (vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v); (b) “relevant judge” means a person who— (i) is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court), (ii) is a Lord Justice of Appeal in Northern Ireland, (iii) is a judge of the Court of Session, (iv) is a puisne judge of the High Court in England and Wales or Northern Ireland, (v) is a circuit judge, (vi) is a sheriff in Scotland, (vii) is a county court judge in Northern Ireland, (viii) is a district judge in England and Wales or Northern Ireland, or (ix) is a District Judge (Magistrates' Courts). (5) References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.

41

• (1) Section 7A (practice directions) is amended as follows.

• (2) Before subsection (1) insert—

(A1) The Senior President of Tribunals may make directions about the procedure of employment tribunals.

• (3) In subsection (1)—

• (a) in paragraph (a), before “President” insert “ territorial ”, and

• (b) in paragraphs (b) and (c), for “such directions” substitute “ directions under subsection (A1) or paragraph (a) ”.

• (4) In subsection (2), for “by the President” substitute “ under subsection (A1) or (1)(a) ”.

• (5) After subsection (2) insert—

(2A) The power under subsection (A1) includes— (a) power to vary or revoke directions made in exercise of the power, and (b) power to make different provision for different purposes (including different provision for different areas). (2B) Directions under subsection (A1) may not be made without the approval of the Lord Chancellor. (2C) Directions under subsection (1)(a) may not be made without the approval of— (a) the Senior President of Tribunals, and (b) the Lord Chancellor. (2D) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following— (a) the application or interpretation of the law; (b) the making of decisions by members of an employment tribunal. (2E) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.

• (6) In subsection (3), after “references to the” insert “ territorial ”.

42

After section 7A insert—

(7B) (1) Employment tribunal procedure regulations may include provision enabling practice directions to provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings. (2) The provision that may be included in employment tribunal procedure regulations by virtue of subsection (1) includes provision for enabling practice directions to provide for a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case. (3) Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties. (4) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings. (5) Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult the Advisory, Conciliation and Arbitration Service. (6) In this section— - “member” means a member of a panel of members of employment tribunals (whether or not a panel of chairmen); - “practice direction” means a direction under section 7A; - “proceedings” means proceedings before an employment tribunal.

43

In section 15(1) (enforcement in England and Wales as an order of a county court), for the words from “shall, if a county court so orders,” to the end substitute “ shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court. ”

44

After section 24 insert—

(24A) 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 Appeal Tribunal (in their capacities as members of the Appeal Tribunal). (24B) (1) Subsection (2) applies to a person (“the appointee”)— (a) who is appointed under section 22(1)(c) or 23(3), or (b) who is appointed under section 24(1A) and— (i) falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and (ii) has not previously taken the required oaths after accepting another office. (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) If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section. (4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him— (a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005); (b) he holds judicial office (as defined in section 109(4) of that Act); (c) he holds (in Scotland) the office of sheriff. (5) In this section “the required oaths” means— (a) the oath of allegiance, and (b) the judicial oath, as set out in the Promissory Oaths Act 1868.

45

In section 27(1)(a) (payment of appointed members of Employment Appeal Tribunal), after “members,” insert “ and ”.

46

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

47

After section 29 insert—

(29A) (1) Directions about the procedure of the Appeal Tribunal may be given— (a) by the Senior President of Tribunals, or (b) by the President of the Appeal Tribunal. (2) A power under subsection (1) includes— (a) power to vary or revoke directions given in exercise of the power, and (b) power to make different provision for different purposes. (3) Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor. (4) Directions under subsection (1)(b) may not be given without the approval of— (a) the Senior President of Tribunals, and (b) the Lord Chancellor. (5) Subsection (1) does not prejudice any power apart from that subsection to give directions about the procedure of the Appeal Tribunal. (6) Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of— (a) the Senior President of Tribunals, and (b) the Lord Chancellor. (7) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following— (a) the application or interpretation of the law; (b) the making of decisions by members of the Appeal Tribunal. (8) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor. (9) Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only. (10) Subsection (6) does not apply to directions under section 28(1).

48

In section 30(3) (Employment Appeal Tribunal to regulate its own procedure, subject to procedure rules), after the words “Appeal Tribunal procedure rules” insert “ and directions under section 28(1) or 29A(1) ”.

Town and Country Planning (Scotland) Act 1997 (c. 8)

49

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

50

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

51

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

Greater London Authority Act 1999 (c. 29)

52

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

Freedom of Information Act 2000 (c. 36)

53

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

Nationality, Immigration and Asylum Act 2002 (c. 41)

54

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

Courts Act 2003 (c. 39)

55

• (1) Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is amended as follows.

• (2) In subsection (1) (registrable orders etc.), after paragraph (e) insert—

(f) a decision or award of— (i) the First-tier Tribunal, (ii) the Upper Tribunal, (iii) an employment tribunal, or (iv) the Employment Appeal Tribunal, in pursuance of which any sum is payable.

• (3) In subsection (3) (regulations)—

• (a) in each of paragraphs (a) and (b) (exemption), after “orders” insert “ , decisions, awards ”, and

• (b) in paragraph (d) (power to provide for certain sums only to be registered), after “magistrates' court” insert “ or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f) ”.

Title Conditions (Scotland) Act 2003 (asp 9)

56

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

57

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

58

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

Planning and Compulsory Purchase Act 2004 (c. 5)

59

In section 8 of the Planning and Compulsory Purchase Act 2004 (regional spatial strategy: examination in public), for subsection (7) substitute—

(7) An examination in public— (a) is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council), but (b) is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992.

Gender Recognition Act 2004 (c. 7)

60

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

Civil Contingencies Act 2004 (c. 36)

61

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

Constitutional Reform Act 2005 (c. 4)

62

The Constitutional Reform Act 2005 is amended as follows.

63

In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—

(da) Senior President of Tribunals;

.

64

In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—

• (a) omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and

• (b) omit the entry for paragraph 7(4) of Schedule 5 to that Act.

65

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

66

• (1) Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.

• (2) In Part 1 (appointments by Her Majesty), at the end insert—

Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

• (3) In Part 3 (appointments by Lord Chancellor to offices to which paragraph 2(2)(d) of Schedule 12 applies), at the end insert—

Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act	Section 7(7) of the Tribunals, Courts and Enforcement Act 2007
Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007

SCHEDULE 9

Part 1 — General and miscellaneous

Introductory

1

The following provisions of this Schedule are to be taken not to prejudice the generality of sections 31(9) and 145(1).

Membership of Tribunal Procedure Committee

2

• (1) The Lord Chancellor may by order make provision for a person—

• (a) who is a scheduled tribunal, or

• (b) who is a member of a scheduled tribunal,

to be treated for the purposes of sub-paragraph (1) of paragraph 22 of Schedule 5 as falling within paragraph (a), (b) or (c) of that sub-paragraph.

• (2) In sub-paragraph (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

• (3) The power under sub-paragraph (1) may not be exercised so as to provide for the Secretary of State to be treated as mentioned in that sub-paragraph.

Part 2 — Judges and other members of First-Tier and Upper Tribunals: retirement dates

Interpretation of Part 2 of Schedule

3

• (1) For the purposes of this Part of this Schedule—

• (a) “relevant judicial office” means—

• (i) the office of transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2)),

• (ii) an office to which a person is appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 (judge, or other member, of the First-tier Tribunal or of the Upper Tribunal),

• (iii) the office of deputy judge of the Upper Tribunal (whether under section 31(2) or under paragraph 7 of Schedule 3),

• (iv) the office of Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of the Upper Tribunal, or

• (v) the office of Senior President of Tribunals;

• (b) “relevant day”, in relation to a person who holds a relevant judicial office, means the day when he was appointed to that office or, if he holds that office as the latest in an unbroken succession of different relevant judicial offices, the day when he was appointed to the first of the offices in that succession;

• (c) an office is a “qualifying office” at any particular time (but see sub-paragraph (2)) if—

• (i) the office is that of member of a tribunal which at that time is in a list in Schedule 6, or

• (ii) the office itself is at that time in a list in Schedule 6,

and (in either case) the list has effect at that time for the purposes of section 30;

• (d) “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

• (2) Where—

• (a) a person held two or more qualifying offices (“the actual offices”) immediately before the relevant day, and

• (b) at that time the person held at least one of the actual offices on a salaried basis and held at least one of the actual offices on a non-salaried basis,

the person shall be treated for the purposes of paragraphs 6 and 7 as not having held immediately before the relevant day any of the actual offices that the person held on a non-salaried basis at that time.

• (3) For the purposes of sub-paragraph (2)—

• (a) a person holds an office on a salaried basis at any particular time if, at that time, the person's service in the office is remunerated by payment of a salary, and

• (b) a person holds an office on a non-salaried basis at any particular time if, at that time, the person's service in the office—

• (i) is remunerated by the payment of fees,

• (ii) is remunerated by the payment of a supplement to the salary payable to him in respect of his service in another office, or

• (iii) is unremunerated.

Retirement from First-tier and Upper Tribunals: application of paragraphs 5 to 8

4

Paragraphs 5 to 8 apply where a person holds a relevant judicial office.

Retirement later than age 70 in certain cases where office previously held in another tribunal

5

• (1) ... Sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7.

• (2) In sub-paragraphs (3) and (4) ...—

• (a) if the person has a personal retirement date under just one of paragraphs 6 and 7 or has the same personal retirement date under each of those paragraphs, “the special date” means that date;

• (b) if the person has a personal retirement date under each of those paragraphs and those dates are different, “the special date” means the later of those dates.

• (3) Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date.

• (4) The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person's case.

Cases where retirement from existing office would be after age 70

6

• (1) Sub-paragraphs (2) and (3) apply where, immediately before the relevant day, the person—

• (a) held a qualifying office, and

• (b) was required to vacate the qualifying office on a day later than the day on which he attains the age of 75.

• (2) The person's personal retirement date under this paragraph is the later day mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3).

• (3) If—

• (a) there are two or more qualifying offices each of which is one that, immediately before the relevant day, the person—

• (i) held, and

• (ii) was required to vacate on a day later than the day on which he attains the age of 75, and

• (b) the later day mentioned in paragraph (a)(ii) is not the same for each of those offices,

the person's personal retirement date under this paragraph is the latest (or later) of those later days.

Cases where no requirement to retire from existing office

7

• (1) Sub-paragraph (2) applies where—

• (a) immediately before the relevant day, the person held, on an unlimited basis, a qualifying office or two or more qualifying offices, and

• (b) the relevant day falls after the day on which the person attains the age of 74.

• (2) The person's personal retirement date under this paragraph is the last day of the 12 months beginning with the day after the relevant day.

• (3) For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Interaction between rules under paragraph 5, and rules under Schedule 7 to the 1993 Act, in cases where office held on 30th March 1995

8

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

Eligibility for appointment after having attained age of 70

9

• (1) Sub-paragraph (3) applies in respect of a person on each day that—

• (a) is, or is later than, the day on which the person attains the age of 75,

• (b) is a day on which the person holds a qualifying office, and

• (c) is earlier than the day on which the person is required to vacate the qualifying office.

• (2) Sub-paragraph (3) also applies in respect of a person on each day that—

• (a) is, or is later than, the day on which the person attains the age of 75, and

• (b) is a day on which the person holds, on an unlimited basis, a qualifying office.

• (3) Where this sub-paragraph applies in respect of a person on a day, the fact that the person has attained the age of 75 shall not (by itself) render him ineligible for appointment (or re-appointment) on that day to a relevant judicial office.

• (4) For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Part 3 — Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

Interpretation of Part 3 of Schedule

10

For the purposes of this Part of this Schedule—

• (a) “new office” means—

• (i) the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

• (ii) the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

• (iii) the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

• (iv) the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal;

• (b) a person holds an office “on a salaried basis” if and so long as, and to the extent that—

• (i) the person's service in the office is remunerated by payment of a salary, and

• (ii) the salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;

• (c) a person shall be regarded as holding “qualifying judicial office” at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to the 1993 Act, and any reference to a “qualifying judicial office” is a reference to any office specified in that Schedule if it is held on a salaried basis;

• (d) “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously held

11

• (1) Sub-paragraphs (2) and (3) apply where—

• (a) a person becomes, as a result of provision under section 31(2), the holder of a new office,

• (b) before that, the person has never held qualifying judicial office, and

• (c) the person, on becoming the holder of the new office, holds the new office on a salaried basis.

• (2) Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person.

• (3) The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him.

• (4) Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3).

• (5) Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).

Election under paragraph 11(3) for pension under Part 1 of the 1993 Act

12

• (1) In this paragraph “opt-in election” means an election under paragraph 11(3).

• (2) An opt-in election may be made only in such circumstances, within such time and in such manner as the Lord Chancellor may by regulations prescribe.

• (3) An opt-in election is irrevocable.

• (4) Regulations under sub-paragraph (2) may permit the making of an opt-in election even though the person in respect of whom the opt-in election is made—

• (a) has ceased (whether by virtue of dying or otherwise) to hold the office mentioned in paragraph 11(1)(a), or

• (b) has ceased to hold that office on a salaried basis without having ceased to hold that office.

• (5) Where regulations under sub-paragraph (2) permit the making of an opt-in election in respect of a person who has died, the right to make that election is exercisable by the person's personal representatives.

• (6) The Lord Chancellor may by regulations provide for a person in respect of whom an opt-in election is made to be treated for such purposes as may be prescribed by the regulations as if the person had, at such times as may be prescribed by the regulations, been a person to whom Part 1 of the 1993 Act applies.

• (7) An opt-in election may not be made in respect of a person at any time when an election made under section 13 of the 1993 Act (election to opt out of Part 1 of the 1993 Act) is in force in respect of the person.

Continuation of existing public service pension arrangements in certain cases

13

• (1) Sub-paragraph (2) applies if—

• (a) a person, as a result of provision under section 31(2), becomes the holder of a new office,

• (b) either—

• (i) the person held qualifying judicial office immediately before 31st March 1995, or

• (ii) before becoming the holder of the new office, the person has never held qualifying judicial office,

• (c) immediately before the person becomes the holder of the new office—

• (i) the person holds an office within paragraph (a), (b) or (c) of section 31(2) (the “old office”), and

• (ii) the person's service in the old office is subject to a public service pension scheme,

• (d) the person, on becoming the holder of the new office, holds the new office on a salaried basis, and

• (e) immediately after the person becomes the holder of the new office, the person—

• (i) is not a person to whom Part 1 of the 1993 Act applies, and

• (ii) is not a person to whom that Part would apply but for section 13 of that Act.

• (2) The person's service in the new office, so far as it is service during the continuity period—

• (a) shall be subject to that public service pension scheme, and

• (b) shall be subject to that scheme in a way that corresponds to the way in which the person's service in the old office was subject to that scheme.

• (3) In sub-paragraph (2) “the continuity period” means the period—

• (a) that begins when the person becomes the holder of the new office on a salaried basis, and

• (b) that ends with whichever of the following first happens after that—

• (i) the person's ceasing to hold the new office,

• (ii) the person's ceasing to hold the new office on a salaried basis without ceasing to hold the new office,

• (iii) the person's becoming a person to whom Part 1 of the 1993 Act applies, and

• (iv) the person's becoming a person to whom Part 1 of the 1993 Act would apply but for section 13 of that Act.

• (4) For the purposes of sub-paragraph (1)(c)(ii), the person's service in the old office is not to be treated as subject to a public service pension scheme at a time when the scheme does not apply to him as a result of his having exercised a right to elect for the scheme not to apply to him.

• (5) A public service pension scheme which, apart from sub-paragraph (2), would not be a judicial pension scheme for the purposes of the 1993 Act does not become a judicial pension scheme for those purposes if it is only as a result of sub-paragraph (2) that pensions and other benefits are payable under the scheme in respect of service in qualifying judicial office.

• (6) In this paragraph “public service pension scheme” means any public service pension scheme, as defined in—

• (a) section 1 of the Pension Schemes Act 1993 (c. 48), or

• (b) section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).

Part 4 — Amendments to the Judicial Pensions and Retirement Act 1993

14

The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows.

15

• (1) Section 1 (application of Part 1: judicial pensions) is amended as follows.

• (2) In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insert

and (e) to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;

.

• (3) In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “ and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal) ”.

• (4) After subsection (4) insert—

(4A) The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if— (a) the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”); (b) the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and (c) the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office. (4B) The offices within this subsection are— (a) the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal, (b) the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal, (c) the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and (d) the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.

16

In section 9(4) (contribution towards cost of surviving spouse's, surviving civil partner's and surviving children's pension), for “or (d) above,” substitute “ , (d) or (e) above or in the case of persons to whom this Part applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007, ”.

17

• (1) In section 12(1) (transfer of accrued benefits under judicial pension schemes in certain cases where person held qualifying judicial office before 31st March 1995)—

• (a) for “or (d)” substitute “ , (d) or (e) ”,

• (b) after “of section 1(1) above” insert “ or by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 ”, and

• (c) omit paragraph (b) (which is superseded by the new section 12B inserted by this Part of this Schedule).

• (2) In the sidenote to section 12, for the words after “Transfer of rights” substitute “ under judicial pension schemes ”.

18

After section 12 insert—

(12A) (1) Where this Part— (a) begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or (b) begins to apply to a person— (i) by virtue of section 1(1)(e) above, or (ii) by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007, any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part. (2) Where a person's rights under a public service pension scheme are transferred under subsection (1) above— (a) that scheme shall no longer have effect in relation to him, and (b) no pension or lump sum under the scheme shall be paid to or in respect of him. (3) Regulations may make provision— (a) for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and (b) prescribing the manner in which those rights are to be given effect under this Part. (4) Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed. (5) For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below. (6) A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than— (a) the principal civil service pension scheme, or (b) the principal civil service pension scheme for the civil service of Northern Ireland. (7) A person's rights— (a) under the principal civil service pension scheme, or (b) under the principal civil service pension scheme for the civil service of Northern Ireland, are not “relevant public service pension rights” if they are transferred under section 12 above. (8) A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights. (9) In this section— - “prescribe” means prescribe in regulations; - “public service pension scheme” means any public service pension scheme, as defined in— 1. section 1 of the Pension Schemes Act 1993, or 2. section 1 of the Pension Schemes (Northern Ireland) Act 1993; - “qualifying tribunal service” means— 1. service as, or as a member of, a tribunal specified in a list in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 that has effect for the purposes of section 30 of that Act, or 2. service as an authorised decision-maker for a tribunal, within the meaning given by section 31(4) of that Act; - “regulations” means regulations made by the Lord Chancellor with the concurrence of the Treasury. (12B) Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to— (a) any rights of his that are transferred under section 12 above, (b) any rights of his that are transferred under section 12A above, and (c) his service in qualifying judicial office on or after the day on which this Part first applies to him.

19

In section 23 (which provides that Schedule 2 does not apply to transfers under section 12), after “section 12” insert “ or 12A ”.

SCHEDULE 10

Part 1 — Amendments

1

• (1) Paragraph 2A of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53) (legally qualified member of Pensions Appeal Tribunals) is amended as follows.

• (2) For paragraph (a) substitute—

(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;

.

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

2

• (1) Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows.

• (2) For subsection (1)(b) (tribunal of appeal: Lord Chancellor's nominee) substitute—

(b) A person is eligible to be nominated by the Lord Chancellor under paragraph (a) or (h) of this subsection only if the person— (i) is a solicitor of the Senior Courts of England and Wales, (ii) is a barrister in England and Wales, or (iii) has a qualification that is specified under subsection (4) of this section;

.

• (3) After subsection (3) insert—

(4) The Lord Chancellor may by order specify a qualification for the purposes of paragraph (b) of subsection (1) of this section. (5) Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of and procedure for orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (4) of this section as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section. (6) For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken first to become a barrister— (a) when the person completes pupillage in connection with becoming a barrister, or (b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales. (7) For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (4) of this section, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.

• (4) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 109(1)(b) substituted by sub-paragraph (2) is to be read as a reference to the Supreme Court.

3

• (1) Paragraph 2A(2) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) (legally qualified members of Pensions Appeal Tribunals) is amended as follows.

• (2) For paragraph (a) substitute—

(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;

.

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

4

In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of agricultural land tribunal), for the words from “person” to the end substitute “ person who satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

5

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

6

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

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

• (a) for paragraph (a) substitute—

(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;

, and

• (b) in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

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

• (a) for paragraph (a) substitute—

(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;

, and

• (b) in paragraphs (b) and (c), for “7” (in each place where it occurs) substitute “ 5 ”.

7

In section 12(2) of the City of London (Courts) Act 1964 (c. iv) (Common Serjeant), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

8

• (1) Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special Commissioners) is amended as follows.

• (2) For paragraph (a) substitute—

(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;

.

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

9

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

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

(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;

.

• (3) In section 21(2) (recorders), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

• (1) Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows.

• (2) For sub-paragraph (i) substitute—

(i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;

.

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

11

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

12

• (1) Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows.

• (2) For sub-paragraph (i) substitute—

(i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or

.

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

13

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

• (2) In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in paragraphs (b) and (c), for sub-paragraph (i) substitute—

(i) he satisfies the judicial-appointment eligibility condition on a 7-year basis; or

.

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

SCHEDULE 2

Office	Persons qualified
Official Solicitor	A person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).
Office	Persons qualified
---	---
Master, Queen's Bench Division	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals	A person who satisfies the judicial-appointment eligibility condition on a 7-year basis.
Admiralty Registrar	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Master, Chancery Division	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Registrar in Bankruptcy of the High Court	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Taxing Master of the Senior Courts	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
District judge of the principal registry of the Family Division	1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.2. A district probate registrar who either—is of at least 5 years' standing, orhas, during so much of the 5 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry.3. A civil servant who has served at least 7 years in the principal registry or a district probate registry.
Office	Persons qualified
---	---
District probate registrar	1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.2. A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.

• (4) Part 2 of the Schedule substituted by sub-paragraph (3) of this paragraph shall have effect until the coming into force of section 45(6) of the Mental Capacity Act 2005 (c. 9) as if it also contained the following entry—

Master of the Court of Protection	A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

• (5) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the references to the Senior Courts in the Schedule substituted by sub-paragraph (3) of this paragraph are to be read as references to the Supreme Court.

14

In section 130(2) of the Representation of the People Act 1983 (c. 2) (election court), for paragraph (a) substitute—

(a) unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or

.

15

In section 9 of the County Courts Act 1984 (c. 28) (district judges and deputy district judges), for the words from “he has” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

16

• (1) Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows.

• (2) For paragraph (a) substitute—

(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;

.

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

17

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

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

• (a) for paragraph (a) substitute—

(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or

, and

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

• (3) In sub-paragraph (2A) (chairmen)—

• (a) for paragraph (a) substitute—

(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or

, and

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

18

• (1) Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person appointed to receive representations) is amended as follows.

• (2) For paragraph (a) substitute—

(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;

.

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

19

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

20

• (1) Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48) (chairman and deputy chairman of Copyright tribunal) is amended as follows.

• (2) For paragraph (a) substitute—

(a) he satisfies the judicial-appointment eligibility condition on a 5-year basis;

.

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

21

In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing Appeal Tribunals), for subsection (7) substitute—

(7) A person is eligible for appointment as Chairman of a Tribunal only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.

22

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “ 7 ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

23

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

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)—

• (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)—

• (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 ”.

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;

.

• (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 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 condition on a 5-year basis ”.

28

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

29

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

30

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

31

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

32

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

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 condition on a 7-year basis;

.

• (3) In paragraphs (c) and (d), for “ten” substitute “ seven ”.

34

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

35

• (1) The Land Registration Act 2002 (c. 9) is amended as follows.

• (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. ”

• (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 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

• (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

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

37

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

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 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 ”.

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

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

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 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 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

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

44

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

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—

• (a) the repealing provision is specified in relation to the enactment being amended, and

• (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 (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, ”.

• (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)—

• (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 ”.

• (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;

.

• (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), 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).

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 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 Commissioners), for the words from “persons” to “1990,” substitute “ 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 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

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 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—

(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— (a) is qualified for appointment as a district judge, or (b) holds, or has held, the office of district judge. (1B) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person— (a) holds the office of district judge, or (b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect. (1C) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.

• (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 virtue of the subsection may extend beyond age 75), for the words from the beginning to “by virtue of this subsection” substitute “ No appointment to which subsection (1B) applies ”.

• (4) For subsection (4) (powers of deputy district judges) substitute—

(4A) The Lord Chief Justice, after consulting the Lord Chancellor— (a) may assign a deputy district judge appointed under this section to one or more district registries; (b) may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry). (4B) A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry. (4C) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

• (5) After subsection (5) insert—

(5A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1B) or (4A).

4

• (1) This paragraph applies to a person holding office as a deputy district judge under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an appointment made before the commencement of paragraph 3 (“the commencement date”).

• (2) If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 102(1B) of that Act had applied to his appointment (and had been complied with).

• (3) The person is to be treated after the commencement date as assigned under section 102(4A) of that Act to the district registry for which he was appointed.

County Courts Act 1984 (c. 28)

5

The County Courts Act 1984 is amended as set out in paragraphs 6 to 9.

6

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

7

• (1) Section 8 (deputy district judges) is amended as follows.