Education Act 2005

Constitution of tribunals E+W

1 (1) A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of— E+W

(a) a chairman appointed by the [F1 Lord Chief Justice after consulting the Lord Chancellor] , and

(b) two other members appointed by the Assembly.

(2) To be qualified for appointment as chairman of a tribunal, a person must [F2 satisfy the judicial-appointment eligibility condition on a 5-year basis.]

(3) A person may not be appointed after the day on which he attains the age of [F3 75] to be the chairman of a tribunal.

[F4 (3A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.]

[F5 (3B) A chairman or other member of a tribunal must vacate office on reaching the age of 75.]

[F6 (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.]

Textual Amendments

F1 Words in Sch. 3 para. 1(1)(a) substituted (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. 38(2)

F2 Words in Sch. 3 para. 1(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 42; S.I. 2008/1653, art. 2(d) (with arts. 3 4)

F3 Word in Sch. 3 para. 1(3) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 34(a) (with Sch. 1 para. 43)

F4 Sch. 3 para. 1(3A) inserted (12.12.2017 being the date that S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(6), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

F5 Sch. 3 para. 1(3B) inserted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 34(b) (with Sch. 1 para. 43)

F6 Sch. 3 para. 1(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. 38(3)