SCHEDULE 3Appointment to First-tier Tribunal

PART 2Legal members

6Eligibility under regulations

1

Regulations under paragraph 5(2) may specify a description of a person by reference to the matters mentioned in sub-paragraph (2), (3) or (4).

2

That is—

a

current practice as a solicitor or barrister in England and Wales or Northern Ireland, and

b

engagement in practice as such for a period of not less than 5 years.

3

That is—

a

previous engagement in practice for a period of not less than 5 years, as—

i

a solicitor or advocate in Scotland, or

ii

a solicitor or barrister in England and Wales or Northern Ireland, and

b

subsequent engagement in any of the activities listed in sub-paragraph (5).

4

That is, suitability attributable to experience in law through current or previous engagement in—

a

any of the activities listed in sub-paragraph (5),

b

an activity that is of a broadly similar nature to any of the activities listed in that sub-paragraph.

5

The activities are—

a

exercising judicial functions in any court or tribunal,

b

practice or employment as a lawyer of any kind,

c

whether or not in the course of practice or employment as a lawyer—

i

advising on the application of the law,

ii

drafting documents intended to affect rights or obligations under the law,

iii

assisting persons involved in a legal or other process for the resolution of disputes as to the law,

iv

acting as a mediator or arbitrator for the purpose of resolving disputes that are (or could be) the matter of legal proceedings,

d

teaching or researching law at or for an educational institution.