(1)The Appeal Tribunal is, for the purpose of deciding any given matter, to be composed of a member or members chosen by the Senior President of Tribunals.
(2)The Senior President of Tribunals (or any person to whom the function under subsection (1) is delegated)—
(a)must act in accordance with regulations under subsection (3);
(b)may choose themselves (if otherwise eligible to sit).
(3)The Lord Chancellor must by regulations make provision, in relation to every matter that may fall to be decided by the Appeal Tribunal, for determining the number of members who are to compose the Tribunal.
(4)Where regulations under subsection (3) provide for the Appeal Tribunal to be composed of a single member, the regulations must provide for that member to be a judge.
(5)Where regulations under subsection (3) provide for the Appeal Tribunal to be composed of more than one member, the regulations—
(a)must provide for at least one of those members to be a judge,
(b)must make provision for determining how many (if any) of the other members are to be judges and how many (if any) are to be appointed members, and
(c)if the Tribunal is to be composed of persons who include one or more appointed members, may make provision for determining what qualifications (if any) that member or any of those members must have.
(6)A duty under subsection (3) or (5) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals or the President of the Appeal Tribunal in accordance with any provision made under that subsection.
(7)The power under subsection (5)(c) may be exercised by giving the Senior President of Tribunals or the President of the Appeal Tribunal power to determine what qualifications are required in accordance with any provision made by the regulations.
(8)Where the Appeal Tribunal is to be composed of more than one member, the Tribunal may proceed in the absence of one or more of the members chosen to compose it if—
(a)the parties to the case agree, and
(b)at least one of the members who is present is a judge.
(9)Where a person (other than a judge) is chosen as one of the members composing the Appeal Tribunal but does not have a qualification required by virtue of subsection (5)(c), the Tribunal may still proceed with that person as a member if the parties to the case agree.
(10)Before making regulations under this section, the Lord Chancellor must consult the Senior President of Tribunals.
(11)In this section, “qualification” includes experience.]
Textual Amendments
F1S. 28 substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 35(3), 51(4) (with s. 36); S.I. 2023/1194, reg. 2(b) (with reg. 3)