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

Statutory Instruments

2008 No. 2692

Tribunals And Inquiries

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 M1 .

Marginal Citations

M1 2007 c. 15.

1.— [F1 (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.

[F2 (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.]

Textual Amendments

F1 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

F2 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

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;

[F3 (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 M2 ;

(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, F4 ... 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.

[F5 (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[F6 , charity] or not-for-profit organisation.

[F7 (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.]

[F8 (n) in environmental matters[F9 ;]]

[F10 (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]

Textual Amendments

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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

F9 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

F10 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

Marginal Citations

M2 1966 c. 36.

Signed by the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

I concur,

Robert Carnwath

Senior President of Tribunals

Explanatory Note

(This note is not part of the Order)

This Order sets out the qualifications or experience that a person must have in order to be eligible for appointment as a member of the First-tier Tribunal or Upper Tribunal who is not a judge of the tribunal.