Tribunals, Courts and Enforcement Act 2007

Certain judges neither appointed under paragraph 1(1) nor transferred in U.K.

6 (1) In this paragraph “judge by request of the First-tier Tribunal” means a person who is a judge of the First-tier Tribunal but who— U.K.

(a) is not the Senior President of Tribunals,

(b) is not a judge of the First-tier Tribunal appointed under paragraph 1(1),

(c) is not a transferred-in judge of the First-tier Tribunal,

(d) is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal,

(e) is not a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal),

(f) F1 . . . and

(g) is not a judge of the First-tier tribunal by virtue of section 4(2) (criminal injuries compensation adjudicator appointed by the Scottish Ministers).

(2) A judge by request of the First-tier Tribunal may act as a judge of the First-tier Tribunal only if requested to do so by the Senior President of Tribunals.

(3) Such a request made to a person who is a judge of the First-tier Tribunal by virtue of the combination of sections 4(1)(c) and 5(1)(g) may be made only with—

(a) the concurrence of the Lord Chief Justice of England and Wales where the person is—

(i) an ordinary judge of the Court of Appeal in England and Wales,

(ii) a puisne judge of the High Court in England and Wales,

(iii) a circuit judge,

(iv) a district judge in England and Wales, F2 ...

(v) a District Judge (Magistrates' Courts)[F3 ,

(vi) the Master of the Rolls,

(vii) the President of the Queen's Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;]

(b) the concurrence of the Lord President of the Court of Session where the person is—

(i) a judge of the Court of Session, or

(ii) a sheriff;

(c) the concurrence of the Lord Chief Justice of Northern Ireland where the person is—

(i) a Lord Justice of Appeal in Northern Ireland,

(ii) a puisne judge of the High Court in Northern Ireland,

(iii) a county court judge in Northern Ireland, or

(iv) a district judge in Northern Ireland.

[F4 (3A) A request made under sub-paragraph (2) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be made only with the concurrence of the Lord Chief Justice of England and Wales.]

(4) Sub-paragraph (5) applies—

(a) to a judge by request of the First-tier Tribunal,[F5 and]

(b) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal), F6 . . .

(c) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Textual Amendments

F1 Words in Sch. 2 para. 6(1)(f) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(a)(i) (with Sch. 4)

F2 Word in Sch. 2 para. 6(3)(a)(iv) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(1); S.I. 2013/2200, art. 3(g)

F3 Sch. 2 para. 6(3)(a)(vi)-(xi) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(1); S.I. 2013/2200, art. 3(g)

F4 Sch. 2 para. 6(3A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 10(2); S.I. 2013/2200, art. 3(g)

F5 Word in Sch. 2 para. 4(a) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(a)(ii)(aa) (with Sch. 4)

F6 Sch. 2 para. 4(c) and word omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 45(a)(ii)(bb) (with Sch. 4)