SCHEDULES
SCHEDULE 3Judges and other members of the Upper Tribunal
Certain judges neither appointed under paragraph 1(1) nor transferred in
6
1
In this paragraph “judge by request of the Upper Tribunal” means a person who is a judge of the Upper Tribunal but—
a
is not the Senior President of Tribunals,
b
is not a judge of the Upper Tribunal appointed under paragraph 1(1),
c
is not a transferred-in judge of the Upper Tribunal,
d
is not a judge of the Upper Tribunal by virtue of section 5(1)(d) (legally qualified member of Asylum and Immigration Tribunal),
e
is not a deputy judge of the Upper Tribunal, and
f
is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the Upper Tribunal.
2
A judge by request of the Upper Tribunal may act as a judge of the Upper Tribunal only if requested to do so by the Senior President of Tribunals.
3
Such a request made to a person who is a judge of the Upper Tribunal by virtue of section 5(1)(g) may be made only with—
a
the concurrence of the Lord Chief Justice of England and Wales where the person is—
i
an ordinary judge of the Court of Appeal in England and Wales,
ii
a puisne judge of the High Court in England and Wales,
iii
a circuit judge,
iv
a district judge in England and Wales, or
v
a District Judge (Magistrates' Courts);
b
the concurrence of the Lord President of the Court of Session where the person is—
i
a judge of the Court of Session, or
ii
a sheriff;
c
the concurrence of the Lord Chief Justice of Northern Ireland where the person is—
i
a Lord Justice of Appeal in Northern Ireland,
ii
a puisne judge of the High Court in Northern Ireland,
iii
a county court judge in Northern Ireland, or
iv
a district judge in Northern Ireland.
4
The Lord Chancellor may pay to a judge by request of the Upper Tribunal, or a person who is a judge of the Upper Tribunal by virtue of section 5(1)(d), such amounts (if any) as the Lord Chancellor may determine by way of—
a
remuneration;
b
allowances;
c
expenses.