Textual Amendments
F1Sch. 4 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(4), 48(1)-(3), Sch. 1; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
1U.K.The Lord Chancellor shall appoint the members of the Asylum and Immigration Tribunal.
2(1)A person is eligible for appointment as a member of the Tribunal only if he—U.K.
[F2(a)satisfies the judicial-appointment eligibility condition on a 5-year basis,]
(b)is an advocate or solicitor in Scotland of at least [F35] years' standing,
(c)is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least [F45] years' standing,
(d)in the Lord Chancellor’s opinion, has legal experience which makes him as suitable for appointment as if he satisfied paragraph (a), (b) or (c), or
(e)in the Lord Chancellor’s opinion, has non-legal experience which makes him suitable for appointment.
(2)A person appointed under sub-paragraph (1)(a) to (d) shall be known as a legally qualified member of the Tribunal.
Textual Amendments
F2Sch. 4 para. 2(1)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 37(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F3Word in Sch. 4 para. 2(1)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 37(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F4Word in Sch. 4 para. 2(1)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 37(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
3(1)A member—U.K.
(a)may resign by notice in writing to the Lord Chancellor,
(b)shall cease to be a member on reaching the age of 70, and
(c)otherwise, shall hold and vacate office in accordance with the terms of his appointment (which may include provision—
(i)about the training, appraisal and mentoring of members of the Tribunal by other members, and
(ii)for removal).
(2)Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c. 8) (extension to age 75).
4[F5(1)]The Lord Chancellor may by order make provision for the title of members of the Tribunal.U.K.
[F6(2)An order under sub-paragraph (1) relating to members sitting in England and Wales may only be made with the concurrence of Lord Chief Justice of England and Wales.
(3)An order under sub-paragraph (1) relating to members sitting in Scotland may only be made with the concurrence of the Lord President of the Court of Session.
(4)An order under sub-paragraph (1) relating to members sitting in Northern Ireland may only be made with the concurrence of the Lord Chief Justice of Northern Ireland.]]
Textual Amendments
F5Sch. 4 para. 4 renumbered (3.4.2006) as Sch. 4 para. 4(1) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 9(2)
F6Sch. 4 para. 4(2)-(4) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 9(3)