Nationality, Immigration and Asylum Act 2002

Prospective

[F1 [F2 5A (1) The Senior President of Tribunals, with the consent of the President of the Tribunal, may assign— U.K.

(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.]]

Textual Amendments

F1 Sch. 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)

F2 Sch. 4 paras. 5A, 5B and cross-heading inserted (prosp.) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 54(5)