Tribunals, Courts and Enforcement Act 2007

2 (1) Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows. U.K.

(2) For subsection (1)(b) (tribunal of appeal: Lord Chancellor's nominee) substitute—

“(b) A person is eligible to be nominated by the Lord Chancellor under paragraph (a) or (h) of this subsection only if the person—

(i) is a solicitor of the Senior Courts of England and Wales,

(ii) is a barrister in England and Wales, or

(iii) has a qualification that is specified under subsection (4) of this section;”.

(3) After subsection (3) insert—

“(4) The Lord Chancellor may by order specify a qualification for the purposes of paragraph (b) of subsection (1) of this section.

(5) Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of and procedure for orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (4) of this section as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6) For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken first to become a barrister—

(a) when the person completes pupillage in connection with becoming a barrister, or

(b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7) For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (4) of this section, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.”

(4) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 109(1)(b) substituted by sub-paragraph (2) is to be read as a reference to the Supreme Court.