The Judicial Appointments Order 2008

Made: 17th November 2008

Coming into force in accordance with article 1(2)

The Lord Chancellor makes the following Order:

Citation and commencement

1

• (1) This Order may be cited as the Judicial Appointments Order 2008.

• (2) This Order shall come into force—

• (a) for the purposes of article 7(b), on 30th November 2010; and

• (b) for all other purposes five days after the day on which it is made.

Interpretation

2

In this Order—

• “the 1998 Act” means the Social Security Act 1998;

• “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

• “registered patent agent” has the meaning assigned to it by the Register of Patent Agents Rules 1990³;

• “registered trade mark agent” has the meaning assigned to it by the Register of Trade Mark Agents Rules 1990⁴.

Specified qualifications under the 1998 Act

3

For the purposes of section 7(2)(a) of the 1998 Act—

• (a) the specified qualification is that the person is a Fellow of the Institute of Legal Executives; and

• (b) a person shall be taken first to become a Fellow of the Institute of Legal Executives when the person is admitted or enrolled as a Fellow of the Institute of Legal Executives.

Specified and relevant qualifications under the 2007 Act

4

Articles 5 and 6 are subject to articles 7 and 8.

5

For the purposes of section 50(2) and (3) of the 2007 Act, a person holds a relevant qualification if the person is—

• (a) a Fellow of the Institute of Legal Executives;

• (b) a registered patent agent; or

• (c) a registered trade mark agent.

6

For the purposes of section 50 of the 2007 Act, a person shall be taken first to become—

• (a) a Fellow of the Institute of Legal Executives when the person is admitted or enrolled as a Fellow of the Institute of Legal Executives;

• (b) a registered patent agent when the person’s name is entered on the register of patent agents in accordance with the Register of Patent Agents Rules 1990; or

• (c) a registered trade mark agent when the person’s name is entered on the register of trade mark agents in accordance with the Register of Trade Mark Agents Rules 1990.

Specified offices under the 2007 Act

7

A person who is a Fellow of the Institute of Legal Executives holds a relevant qualification for the purposes of section 50(2) and (3) of the 2007 Act in relation to the offices specified in—

• (a) Part 1 of Schedule 1 to this Order; and

• (b) Part 2 of Schedule 1 to this Order.

8

A person who is a registered patent agent or a registered trade mark agent holds a relevant qualification for the purposes of section 50(2) and (3) of the 2007 Act in relation to the offices specified in Schedule 2 to this Order.

SCHEDULE 1 — Offices for which a Fellow of the Institute of Legal Executives holds a relevant qualification

PART 1

• Deputy district judge appointed under section 8(1) of the County Courts Act 1984⁵,

• Deputy District Judge (Magistrates’ Courts) appointed under section 24(1) of the Courts Act 2003⁶,

• Adjudicator appointed under regulation 3(1) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001⁷,

• Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002⁸,

• Member of panel of chairmen appointed under regulation 8(3)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004⁹,

• Judge of the First-tier Tribunal appointed under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

• Adjudicators appointed under regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007¹⁰.

PART 2

• District Judge appointed under section 6(1) of the County Courts Act 1984¹¹,

• District Judge (Magistrates’ Courts) appointed under section 22(1) of the Courts Act 2003¹².

SCHEDULE 2 — Offices for which a registered patent agent or a registered trade mark agent holds a relevant qualification

• Chairman or Deputy Chairman of the Copyright Tribunal appointed under section 145(2) of the Copyright, Designs and Patents Act 1988¹³,

• Appointed person within the meaning of section 77(1) of the Trade Marks Act 1994¹⁴.

Signed

Jack Straw — Lord Chancellor — 17th November 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides that Fellows of ILEX (Institute of Legal Executives) are eligible to be members of an appeal tribunal for the purposes of section 7 of the Social Security Act 1998.

This Order provides that Fellows of ILEX, registered patent agents and registered trade mark agents each hold a relevant qualification in relation to the judicial-appointment eligibility condition for the purposes of section 50 of the Tribunals, Courts and Enforcement Act 2007 (c15) and in relation to the offices specified in Schedule 1 (Fellows of ILEX) and Schedule 2 (registered patent agents and registered trade mark agents).

Footnotes