F15PART IF2Employment Tribunals
Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Membership etc.
5DF1Judicial assistance
1
Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.
2
The provision has effect only if—
a
the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,
b
its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),
c
its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),
d
its operation as respects a particular relevant judge requires—
i
the consent of the relevant judge, and
ii
the appropriate consent (see subsection (3)) F8 except where the relevant judge is the Lord Chief Justice of England and Wales , and
e
it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of F14 Employment Judges .
3
In subsection (2)(d)(ii) “the appropriate consent” means—
a
the consent of the Lord Chief Justice of England and Wales where the relevant judge is—
i
F10 the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales,
F9ia
within subsection (4)(b)(ia),
ii
a puisne judge of the High Court in England and Wales,
iii
a circuit judge,
iv
a district judge in England and Wales,F4...
v
a District Judge (Magistrates' Courts);F3, or
vi
within subsection (4)(b)(x) to (xvi);
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.
4
In this section—
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,
F5ia
is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,
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, F11...
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);F6, or
vii
is the Senior President of Tribunals;
b
“relevant judge” means a person who—
i
is F12 the Lord Chief Justice of England and Wales, the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),
ii
is a Lord Justice of Appeal in Northern Ireland,
iii
is a judge of the Court of Session,
iv
is a puisne judge of the High Court in England and Wales or Northern Ireland,
v
is a circuit judge,
vi
is a sheriff in Scotland,
vii
is a county court judge in Northern Ireland,
viii
is a district judge in England and Wales or Northern Ireland, F13...
ix
is a District Judge (Magistrates' Courts).
F7x
is a deputy judge of the High Court in England and Wales,
xi
is a Recorder,
xii
is a Deputy District Judge (Magistrates' Courts),
xiii
is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981,
xiv
holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc),
xv
holds an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), or
xvi
is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).
5
References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.
S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)