Pensions Act 2004

Part 1 U.K. The Tribunal

The Panels U.K.

1 (1) The Lord Chancellor must appoint a panel of persons for the purpose of serving as chairmen of the Tribunal (“the panel of chairmen”). U.K.

(2) A person is qualified for membership of the panel of chairmen if—

[F1 (a) he satisfies the judicial-appointment eligibility condition on a 5-year basis,]

(b) he is an advocate or solicitor in Scotland of at least [F2 5] years' standing,

(c) he is a member of the Bar of Northern Ireland of at least [F3 5] years' standing, or

(d) he is a solicitor of the Supreme Court of Northern Ireland of at least [F4 5] years' standing.

(3) The panel of chairmen must include at least one member who is a person of the kind mentioned in sub-paragraph (2)(b).

(4) The Lord Chancellor must also appoint a panel of persons who appear to him to be qualified by experience or otherwise to deal with matters of the kind that may be referred to the Tribunal (“the lay panel”).

Textual Amendments

F1 Sch. 4 para. 1(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(2)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F2 Word in Sch. 4 para. 1(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F3 Word in Sch. 4 para. 1(2)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F4 Word in Sch. 4 para. 1(2)(d) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

Commencement Information

I1 Sch. 4 para. 1 in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.

The President U.K.

2 (1) The Lord Chancellor must appoint one of the members of the panel of chairmen to preside over the exercise of the Tribunal’s functions. U.K.

(2) The member so appointed is to be known as the President of the Pensions Regulator Tribunal (in this Schedule referred to as “the President”).

(3) The Lord Chancellor may appoint one of the members of the panel of chairmen to be the Deputy President.

(4) The Deputy President is to have such functions in relation to the Tribunal as the President may assign to him.

(5) The Lord Chancellor may not appoint a person to be the President or Deputy President unless that person—

[F5 (a) satisfies the judicial-appointment eligibility condition on a 7-year basis,]

(b) is an advocate or solicitor in Scotland of at least [F6 7] years' standing,

(c) is a member of the Bar of Northern Ireland of at least [F7 7] years' standing, or

(d) is a solicitor of the Supreme Court of Northern Ireland of at least [F8 7] years' standing.

(6) If the President ceases to be a member of the panel of chairmen, he also ceases to be the President.

(7) If the Deputy President ceases to be a member of the panel of chairmen, he also ceases to be the Deputy President.

(8) If the President is absent or otherwise unable to act, his functions may be exercised—

(a) by the Deputy President, or

(b) if there is no Deputy President or he too is absent or otherwise unable to act, by a person appointed for that purpose from the panel of chairmen by the Lord Chancellor.

[F9 (9) The Lord Chancellor may appoint a person to be President or Deputy President, or appoint a person under sub-paragraph (8)(b), only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.]

Textual Amendments

F5 Sch. 4 para. 2(5)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(3)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F6 Word in Sch. 4 para. 2(5)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F7 Word in Sch. 4 para. 2(5)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F8 Word in Sch. 4 para. 2(5)(d) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 40(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F9 Sch. 4 para. 2(9) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 1, Sch. 1 para. 26

Commencement Information

I2 Sch. 4 para. 2 in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.

Terms of office etc U.K.

3 (1) Subject to the provisions of this Schedule, each member of the panel of chairmen and the lay panel— U.K.

(a) is to hold and vacate office in accordance with the terms and conditions of his appointment, and

(b) may resign or be removed from office in accordance with those terms and conditions.

(2) A member of either panel is eligible for re-appointment if he ceases to hold office.

Commencement Information

I3 Sch. 4 para. 3 in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.

Remuneration and allowances U.K.

4 U.K. The Lord Chancellor may pay, or make provision for paying, out of money provided by Parliament, any person in respect of his service—

(a) as a member of the Tribunal (including service as the President or Deputy President), or

(b) as a person appointed under paragraph 7(4) (appointment of experts),

such remuneration and allowances as the Lord Chancellor may determine.

Commencement Information

I4 Sch. 4 para. 4 in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.

Staff U.K.

5 (1) The Lord Chancellor may appoint such staff for the Tribunal as he may determine. U.K.

(2) The remuneration of the Tribunal’s staff is to be paid by the Lord Chancellor out of money provided by Parliament.

Commencement Information

I5 Sch. 4 para. 5 in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.

Expenses U.K.

6 U.K. The Lord Chancellor may pay, out of money provided by Parliament, such expenses of the Tribunal as the Lord Chancellor may determine.

Commencement Information

I6 Sch. 4 para. 6 in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.