SCHEDULES
SCHEDULE 12The Judicial Appointments Commission
Part 1The Commissioners
The Commissioners
1
The Commission consists of—
a
a chairman, and
b
14 other Commissioners,
appointed by Her Majesty on the recommendation of the Lord Chancellor.
2
1
The chairman must be a lay member.
2
Of the other Commissioners—
a
5 must be judicial members,
b
2 must be professional members,
c
5 must be lay members,
d
1 other must be the holder of an office listed in Part 3 of Schedule 14 F1or of an office listed in sub-paragraph (2A) , and
e
1 other must be a lay justice member.
F22A
The offices referred to in sub-paragraph (2)(d) are—
a
Senior President of Tribunals;
b
judge of the Upper Tribunal appointed under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;
c
transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act);
d
deputy judge of the Upper Tribunal under section 31(2) of that Act;
e
member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996.
3
Of the Commissioners appointed as judicial members—
a
1 must be a Lord Justice of Appeal;
b
1 must be a puisne judge of the High Court;
c
1 other must be either a Lord Justice of Appeal or a puisne judge of the High Court;
d
1 must be a circuit judge;
e
1 must be a district judge of a county court, a District Judge (Magistrates' Courts) or a person appointed to an office under section 89 of the Supreme Court Act 1981 (c. 54).
4
Of the Commissioners appointed as professional members—
a
1 must be a practising barrister in England and Wales;
b
1 must be a practising solicitor of the Senior Courts of England and Wales.
5
A Commissioner is not to be taken into account for the purposes of any paragraph of sub-paragraph (2) unless he was appointed for the purposes of that paragraph.
3
A person must not be appointed as a Commissioner if he is employed in the civil service of the State.
4
1
A judicial member is a person who holds an office listed in paragraph 2(3) and who is not a practising lawyer.
2
A professional member is a person who is—
a
a practising barrister in England and Wales, or
b
a practising solicitor of the Senior Courts of England and Wales.
3
A lay member is a person resident in England or Wales who has never held a listed judicial office or been a practising lawyer.
4
A lay justice member is a justice of the peace who—
a
holds no other listed judicial office, or no other except that of General Commissioner,
b
is not a practising barrister in England and Wales, and
c
is not a practising solicitor of the Senior Courts of England and Wales.
5
1
The Lord Chancellor may by order amend any of the following provisions by substituting a number for the number of Commissioners for the time being specified there—
a
paragraph 1(b);
b
any paragraph of paragraph 2(2);
c
any paragraph of paragraph 2(3);
d
any paragraph of paragraph 2(4).
2
That is subject to the following—
a
the total of the numbers in paragraph 2(2) must be the number in paragraph 1(b);
b
the total of the numbers in paragraph 2(3) must be the number in paragraph 2(2)(a);
c
the total of the numbers in paragraph 2(4) must be the number in paragraph 2(2)(b);
d
the number substituted in any provision must not be less than the number specified in that provision as originally enacted.
3
The Lord Chancellor may not make an order under this paragraph without the agreement of the Lord Chief Justice.
6
1
In this Schedule—
“judicial member” has the meaning given by paragraph 4(1);
“lay member” has the meaning given by paragraph 4(3);
“listed judicial office” means an office listed in Schedule 14;
“practising” is to be read in accordance with sub-paragraphs (2) and (3);
“practising lawyer” means—
- a
a practising barrister in England and Wales;
- b
a practising solicitor of the Senior Courts of England and Wales;
- c
a practising advocate in Scotland;
- d
a practising solicitor in Scotland;
- e
a practising member of the Bar of Northern Ireland;
- f
a practising solicitor of the Court of Judicature of Northern Ireland;
- a
“professional member” has the meaning given by paragraph 4(2);
“senior Head of Division” means—
- a
the Master of the Rolls;
- b
if that office is vacant, the President of the Queen's Bench Division;
- c
if both of those offices are vacant, the President of the Family Division;
- d
if all of those offices are vacant, the Chancellor of the High Court.
- a
2
A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—
a
practising as such,
b
employed to give legal advice, or
c
providing legal advice under a contract for services.
3
A solicitor of the Senior Courts of England and Wales, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—
a
acting as such,
b
employed to give legal advice, or
c
providing legal advice under a contract for services.