Tribunals, Courts and Enforcement Act 2007

Nationality, Immigration and Asylum Act 2002 (c. 41)

54 (1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 107 (power for President of the Asylum and Immigration Tribunal to give practice directions), after subsection (1) insert—

“(1A) The Senior President of Tribunals may give directions as to the practice to be followed by the Tribunal.”

(3) In section 107, after subsection (3) insert—

“(4) Directions under subsection (1) may not be given without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(5) Directions under subsection (1A) may not be given without the approval of the Lord Chancellor.

(6) Subsections (4)(b) and (5) do not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of decisions by members of the Tribunal.

(7) Subsections (4)(b) and (5) do not apply to directions to the extent that they consist of criteria for determining which members of the Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.”

(4) In Schedule 4 (membership etc. of the Asylum and Immigration Tribunal), in paragraph 3 (resignation, retirement and terms of appointment), after sub-paragraph (2) insert—

“(3) Any power by which a person may be removed from membership of the Tribunal—

(a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b) may, if the person exercises functions wholly or mainly in Northern Ireland, be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland;

(c) may, if neither of paragraphs (a) and (b) applies, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.”

(5) In Schedule 4, after paragraph 5 insert—

“Judicial assistance

5A (1) The Senior President of Tribunals, with the consent of the President of the Tribunal, may assign—

(a) a relevant tribunal judge to act as a legally qualified member of the Tribunal;

(b) a relevant other tribunal member to act as a member of the Tribunal who is not a legally qualified member.

(2) In this paragraph—

(a) “relevant tribunal judge” means—

(i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii) a transferred-in judge of the First-tier Tribunal,

(iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv) a transferred-in judge of the Upper Tribunal,

(v) a deputy judge of the Upper Tribunal, or

(vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

(b) “relevant other tribunal member” means—

(i) a person who is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii) a transferred-in other member of the First-tier Tribunal,

(iii) a person who is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3 to that Act, or

(iv) a transferred-in other member of the Upper Tribunal.

(3) A relevant tribunal judge within sub-paragraph (2)(a)(i) or (ii) who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(a) has the title of Immigration Judge, and

(b) is neither the President, nor a Deputy President, of the Tribunal.

(4) A relevant tribunal judge within sub-paragraph (2)(a)(iii), (iv) or (v) who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise—

(a) any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i) has the title of Immigration Judge, and

(ii) is neither the President, nor a Deputy President, of the Tribunal, and

(b) any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i) has the title of Senior Immigration Judge, and

(ii) is neither the President, nor a Deputy President, of the Tribunal.

(5) A relevant other tribunal member who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise any function or jurisdiction which is exercisable by a member of the Tribunal who—

(a) is appointed under paragraph 2(1)(e), and

(b) is neither the President, nor a Deputy President, of the Tribunal.

5B (1) The Senior President of Tribunals may—

(a) with the consent of the President of the Tribunal,

(b) with the consent required by sub-paragraph (4), and

(c) with the consent of the relevant judge concerned,

assign a relevant judge to act as a Senior Immigration Judge.

(2) In this paragraph “relevant judge” means a person who—

(a) is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(b) is a Lord Justice of Appeal in Northern Ireland,

(c) is a judge of the Court of Session,

(d) is a puisne judge of the High Court in England and Wales or Northern Ireland,

(e) is a circuit judge,

(f) is a sheriff in Scotland,

(g) is a county court judge in Northern Ireland,

(h) is a district judge in England and Wales or Northern Ireland, or

(i) is a District Judge (Magistrates' Courts).

(3) References in sub-paragraph (2)(c) to (i) to office-holders do not include deputies or temporary office-holders.

(4) The consent required by this sub-paragraph is—

(a) the consent of the Lord Chief Justice of England and Wales where the relevant judge 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, or

(v) a District Judge (Magistrates' Courts);

(b) the consent of the Lord President of the Court of Session where the relevant judge is—

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

(ii) a sheriff;

(c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge 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.

(5) A relevant judge who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise—

(a) any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i) has the title of Immigration Judge, and

(ii) is neither the President, nor a Deputy President, of the Tribunal, and

(b) any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i) has the title of Senior Immigration Judge, and

(ii) is neither the President, nor a Deputy President, of the Tribunal.”

(6) In paragraph 8 of Schedule 4 (allocation of proceedings)—

(a) in sub-paragraph (1) (President of the Tribunal to make arrangements for allocation of proceedings to members of the Tribunal), for “President” substitute “Senior President of Tribunals”, and

(b) in sub-paragraph (2)(a) (arrangements may permit allocation by the President of the Tribunal or another member), for “President or another” substitute “Senior President of Tribunals or a”.

(7) In Schedule 4, after paragraph 12 insert—

“Training etc.

13 The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of the Tribunal (in their capacities as such members).

Oaths

14 (1) Sub-paragraph (2) applies to a person (“the appointee”)—

(a) who is appointed under paragraph 1, and

(b) who has not previously taken the required oaths after accepting another office.

(2) The appointee must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3) A person is eligible for the purposes of sub-paragraph (2)(b) if one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(4) In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

(5) Where it appears to the Lord Chancellor that the appointee will carry out functions as a member of the Tribunal wholly or mainly in Northern Ireland, he may direct that in relation to the appointee “the required oaths” means—

(a) the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002, or

(b) the affirmation and declaration as set out in section 19(3) of that Act.

(6) If the appointee is a member of the Tribunal appointed before the coming into force of this paragraph, the requirement in sub-paragraph (2) applies in relation to the appointee from the coming into force of this paragraph.”