The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008

Made: 15th October 2008

Laid before Parliament: 15th October 2008

Coming into force: 3rd November 2008

The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the powers conferred by paragraph 2(2) of Schedule 2 and paragraph 2(2) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 .

1

• (1) This Order may be cited as the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008 and shall come into force on 3rd November 2008.

• (2) In this Order “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 whether or not they hold a licence to practise under that Act.

2

• (1) A person is eligible for appointment as a member of the First-tier Tribunal or the Upper Tribunal who is not a judge of those tribunals if paragraph (2), (3) or (4) applies.

• (2) This paragraph applies to a person who is—

• (a) a registered medical practitioner;

• (b) a registered nurse;

• (c) a registered dentist;

• (ca) a registered optometrist;

• (d) a clinical psychologist;

• (e) an educational psychologist;

• (f) a pharmacologist;

• (g) a veterinary surgeon or a veterinary practitioner registered under the Veterinary Surgeons Act 1966 ;

• (h) a Member or Fellow of the Royal Institution of Chartered Surveyors; or

• (i) an accountant who is a member of—

• (i) the Institute of Chartered Accountants in England and Wales;

• (ii) the Institute of Chartered Accountants in Scotland;

• (iii) the Institute of Chartered Accountants in Ireland;

• (iv) the Institute of Certified Public Accountants in Ireland;

• (v) the Association of Chartered Certified Accountants;

• (vi) the Chartered Institute of Management Accountants; or

• (vii) the Chartered Institute of Public Finance and Accountancy.

• (3) This paragraph applies to a person, ... who is experienced in dealing with the physical or mental needs of disabled persons because they—

• (a) work with disabled persons in a professional or voluntary capacity; or

• (b) are themselves disabled.

• (3A) A person is not eligible for appointment under paragraph (3) if they are a registered medical practitioner.

• (4) This paragraph applies to a person who has substantial experience—

• (a) of service in Her Majesty's naval, military, or air forces;

• (b) of educational, child care, health, or social care matters;

• (c) of dealing with victims of violent crime;

• (d) in transport operations and its law and practice;

• (e) in the regulatory field;

• (f) in consumer affairs;

• (g) in an industry, trade or business sector and the matters that are likely to arise as issues in the course of disputes with regulators of such industries, trades or businesses;

• (h) in tax matters and related tax procedures;

• (i) in a business, trade, charity or not-for-profit organisation.

• (j) in immigration services or the law and procedure relating to immigration;

• (k) of data protection;

• (l) of freedom of information (including environmental information) rights;

• (m) of service as a Member or Senior Officer of a local authority in England.

• (n) in environmental matters;

• (o) in the drainage of land;

• (p) in farming and the ownership or management of agricultural property;

• (q) in relation to housing or housing conditions;

• (r) in matters relating to landlord and tenant relationships;

• (s) in valuation

Signed

Signed by the authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — 2008-10-15

I concur,

Robert Carnwath — Senior President of Tribunals — 2008-10-15

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2007 c. 15.

[^f00002]: 1966 c. 36.

Editorial notes

[^c1943625]: 2007 c. 15.

[^c1943626]: 1966 c. 36.

[^key-92cbf0d57c60fd642485b4cc1f33a028]: Art. 1(2) inserted (1.9.2009 art. 1(2)) by Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), art. 3

[^key-26ee4bc4f026382f45917248d444fdb2]: Art. 1(1): art. 1 renumbered as art. 1(1) (1.9.2009 art. 1(2)) by Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), art. 3

[^key-ed015cfd8aec95af064f0ec87aec5af3]: Art. 2(2)(ca) inserted (1.9.2009) by Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), arts. 1(1), 4(a)

[^key-23020ec21cb6eb5f5e43d3e7c6714713]: Words in art. 2(3) omitted (1.9.2009) by virtue of Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), arts. 1(1), 4(b)

[^key-4f08f648189e05e76365ca383b9a6303]: Art. 2(3A) added (1.9.2009) by Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), arts. 1(1), 4(c)

[^key-6c3308413f4a92e8670b860fda2775ab]: Word in art. 2(4)(i) inserted (1.9.2009) by Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), arts. 1(1), 4(d)

[^key-35002f195279b3895c78766d0f9aef2a]: Art. 2(4)(j)-(m) inserted (1.9.2009) by Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (S.I. 2009/1592), arts. 1(1), 4(e)

[^key-27f2c36d273f7e2d2e0d5ef2b18f2eb7]: Art. 2(4)(n) inserted (16.4.2012) by The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2012 (S.I. 2012/897) , arts. 1 , 3

[^key-e276582619f4a3278d8fc62daff7c85b]: Art. 2(4)(n) semi-colon inserted (1.7.2013) by The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2013 (S.I. 2013/1185) , arts. 1 , 3

[^key-680b1c3a14dff39e6016c9bb1c55dff1]: Art. 2(4)(o)-(s) inserted (1.7.2013) by The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2013 (S.I. 2013/1185) , arts. 1 , 3