SCHEDULES

SCHEDULE 14Deployment of the judiciary

Part 6Deployment of judges to the employment tribunals

12

(1)

Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is amended as follows.

(2)

In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection (3))” insert “ except where the relevant judge is the Lord Chief Justice of England and Wales ”.

(3)

In subsection (3)(a) (consent required for deployment of judges of courts in England and Wales)—

(a)

in sub-paragraph (i) at the beginning insert “ the Master of the Rolls or ”,

(b)

after sub-paragraph (i) insert—

“(ia)

within subsection (4)(b)(ia),”, and

(c)

omit the “or” after sub-paragraph (iv), and after sub-paragraph (v) insert“, or

(vi)

within subsection (4)(b)(x) to (xvi);”.

(4)

In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-paragraph (v), and after paragraph (vi) insert“, or

(vii)

is the Senior President of Tribunals;”.

(5)

In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert “ the Lord Chief Justice of England and Wales, the Master of the Rolls or ”.

(6)

In subsection (4)(b) after sub-paragraph (i) insert—

“(ia)

is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,”.

(7)

In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after sub-paragraph (ix) insert—

“(x)

is a deputy judge of the High Court in England and Wales,

(xi)

is a Recorder,

(xii)

is a Deputy District Judge (Magistrates' Courts),

(xiii)

is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981,

(xiv)

holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc),

(xv)

holds an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), or

(xvi)

is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).”