Tribunals, Courts and Enforcement Act 2007

Deputy judges of the Upper Tribunal U.K.

7 (1) The [F1 Senior President of Tribunals] may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate. U.K.

(2) A person is eligible for appointment under sub-paragraph (1) only if he is eligible to be appointed under paragraph 1(1) (see paragraph 1(2)).

(3) [F2 The following provisions of this paragraph] apply—

(a) to a person appointed under sub-paragraph (1), and

(b) to a person who becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2).

[F3 (3A) The person may be removed from office—

(a) only by the Lord Chancellor (and in accordance with paragraph 3), and

(b) only on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment.

(3B) If the period (or extended period) for which the person is appointed ends before—

(a) the day on which the person attains the age of [F4 75]

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, subject to sub-paragraph (3C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(3C) Extension under sub-paragraph (3B)—

(a) requires the person's agreement,

(b) is to be for such period as the Lord Chancellor considers appropriate, and

(c) may be refused on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

(4) Subject to the previous provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person's terms of appointment, which are to be such as the Lord Chancellor may determine.]

(5) The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a) remuneration;

(b) allowances;

(c) expenses.

Textual Amendments

F1 Words in Sch. 3 para. 7(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F2 Words in Sch. 3 para. 7(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(7); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F3 Sch. 3 para. 7(3A)-(3C) substituted for Sch. 3 (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(8); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F4 Word in Sch. 3 para. 7(3B)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(4)(a) (with Sch. 1 para. 43)

F5 Sch. 3 para. 7(3B)(b) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(4)(b) (with Sch. 1 para. 43)