Constitutional Reform Act 2005

The Commissioners U.K.

1 U.K. The Commission consists of—

(a) a chairman, and

(b) 14 other Commissioners,

appointed by Her Majesty on the recommendation of the Lord Chancellor.

2 (1) The chairman must be a lay member. U.K.

(2) Of the other Commissioners—

(a) 5 must be judicial members,

(b) 2 must be professional members,

(c) 5 must be lay members,

(d) 1 other must be the holder of an office listed in Part 3 of Schedule 14 [F1 or of an office listed in sub-paragraph (2A)] , and

(e) 1 other must be a lay justice member.

[F2 (2A) The offices referred to in sub-paragraph (2)(d) are—

(a) Senior President of Tribunals;

(b) judge of the Upper Tribunal appointed under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(c) transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act);

(d) deputy judge of the Upper Tribunal under section 31(2) of that Act;

(e) member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996.]

(3) Of the Commissioners appointed as judicial members—

(a) 1 must be a Lord Justice of Appeal;

(b) 1 must be a puisne judge of the High Court;

(c) 1 other must be either a Lord Justice of Appeal or a puisne judge of the High Court;

(d) 1 must be a circuit judge;

(e) 1 must be a district judge of a county court, a District Judge (Magistrates' Courts) or a person appointed to an office under section 89 of the Supreme Court Act 1981 (c. 54).

(4) Of the Commissioners appointed as professional members—

(a) 1 must be a practising barrister in England and Wales;

(b) 1 must be a practising solicitor of the Senior Courts of England and Wales.

(5) A Commissioner is not to be taken into account for the purposes of any paragraph of sub-paragraph (2) unless he was appointed for the purposes of that paragraph.

Textual Amendments

F1 Words in Sch. 12 para. 2(2)(d) inserted (19.9.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 65(2); S.I. 2007/2709, art. 2(c)(i)

F2 Sch. 12 para. 2(2A) inserted (19.9.2007 for specified purposes and otherwise 3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 65(3); S.I. 2007/2709, art. 2(c)(ii); S.I. 2008/2696, art. 5(c)(iv) (with arts. 3, 4)

3 U.K. A person must not be appointed as a Commissioner if he is employed in the civil service of the State.

4 (1) A judicial member is a person who holds an office listed in paragraph 2(3) and who is not a practising lawyer. U.K.

(2) A professional member is a person who is—

(a) a practising barrister in England and Wales, or

(b) a practising solicitor of the Senior Courts of England and Wales.

(3) A lay member is a person resident in England or Wales who has never held a listed judicial office or been a practising lawyer.

(4) A lay justice member is a justice of the peace who—

(a) holds no other listed judicial office, F3 . . .

(b) is not a practising barrister in England and Wales, and

(c) is not a practising solicitor of the Senior Courts of England and Wales.

Textual Amendments

F3 Words in Sch. 12 para. 4(4)(a) repealed (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146, 148, Sch. 23 Pt. 1; S.I. 2008/2696, art. 6(c)(x)

5 (1) The Lord Chancellor may by order amend any of the following provisions by substituting a number for the number of Commissioners for the time being specified there— U.K.

(a) paragraph 1(b);

(b) any paragraph of paragraph 2(2);

(c) any paragraph of paragraph 2(3);

(d) any paragraph of paragraph 2(4).

(2) That is subject to the following—

(a) the total of the numbers in paragraph 2(2) must be the number in paragraph 1(b);

(b) the total of the numbers in paragraph 2(3) must be the number in paragraph 2(2)(a);

(c) the total of the numbers in paragraph 2(4) must be the number in paragraph 2(2)(b);

(d) the number substituted in any provision must not be less than the number specified in that provision as originally enacted.

(3) The Lord Chancellor may not make an order under this paragraph without the agreement of the Lord Chief Justice.

6 (1) In this Schedule— U.K.

• “judicial member” has the meaning given by paragraph 4(1);

• “lay member” has the meaning given by paragraph 4(3);

• “listed judicial office” means an office listed in Schedule 14;

• “practising” is to be read in accordance with sub-paragraphs (2) and (3);

• “practising lawyer” means—

  (a)

  a practising barrister in England and Wales;

  (b)

  a practising solicitor of the Senior Courts of England and Wales;

  (c)

  a practising advocate in Scotland;

  (d)

  a practising solicitor in Scotland;

  (e)

  a practising member of the Bar of Northern Ireland;

  (f)

  a practising solicitor of the Court of Judicature of Northern Ireland;

• “professional member” has the meaning given by paragraph 4(2);

• “senior Head of Division” means—

  (a)

  the Master of the Rolls;

  (b)

  if that office is vacant, the President of the Queen's Bench Division;

  (c)

  if both of those offices are vacant, the President of the Family Division;

  (d)

  if all of those offices are vacant, the Chancellor of the High Court.

(2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

(a) practising as such,

(b) employed to give legal advice, or

(c) providing legal advice under a contract for services.

(3) A solicitor of the Senior Courts of England and Wales, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—

(a) acting as such,

(b) employed to give legal advice, or

(c) providing legal advice under a contract for services.