The Discipline of Judges (Designation) Order 2008

Made: 7th October 2008

Laid before Parliament: 13th October 2008

Coming into force: 3rd November 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by section 118(2) of the Constitutional Reform Act 2005¹ with the agreement of the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland in accordance with sections 118(3), 120(4) and 121(4) respectively of that Act.

Citation and commencement

1

This Order may be cited as the Discipline of Judges (Designation) Order 2008 and shall come into force on 3rd November 2008.

Offices designated

2

The following offices are designated for the purpose of section 118 of the Constitutional Reform Act –

• (1) offices listed in section 31(3) of the Tribunals, Courts and Enforcement Act 2007², (transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal; deputy judge of the Upper Tribunal);

• (2) Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, appointed under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, where the appointment is in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act;

• (3) Deputy Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, appointed under paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007, where the appointment is in accordance with paragraph 5(5) to (8) of that Schedule.

Signed

Sir Igor Judge, CJ — 6th October 2008

I agree

Jack Straw — Lord Chancellor — 7th October 2008

I agree

A C Hamilton — Lord President of the Court of Session — 3rd October 2008

I agree

Brian Kerr — Lord Chief Justice of Northern Ireland — 2nd October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This order designates certain offices for the purposes of section 118 of the Constitutional Reform Act 2005. This means that those office holders will be subject to the discipline regime set out in Chapter 3 of Part 4 of the Constitutional Reform Act.

Footnotes