62U.K.The Constitutional Reform Act 2005 is amended as follows.
63U.K.In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—
“(da)Senior President of Tribunals;”.
64U.K.In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—
(a)omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and
(b)omit the entry for paragraph 7(4) of Schedule 5 to that Act.
Commencement Information
I1Sch. 8 para. 64 partly in force; Sch. 8 para. 64 not in force at Royal Assent see s. 148; Sch. 8 para. 64(b) in force at 3.11.2008 by S.I. 2007/2696, art. 5(c)
65(1)In Schedule 12 (the Judicial Appointments Commission), paragraph 2 (members) is amended as follows.U.K.
(2)In sub-paragraph (2)(d) (one member must be holder of an office listed in Part 3 of Schedule 14), after “listed in Part 3 of Schedule 14” insert “ or of an office listed in sub-paragraph (2A) ”.
(3)After sub-paragraph (2) insert—
“(2A)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.”
Commencement Information
I2Sch. 8 para. 65 wholly in force at 3.11.2008; Sch. 8 para. 65 not in force at Royal Assent see s. 148; Sch. 8 para. 65(1)(2) in force and Sch. 8 para. 65(3) in force for certain purposes at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i)(ii) and Sch. 8 para. 65(3) in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iv)
66(1)Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.U.K.
(2)In Part 1 (appointments by Her Majesty), at the end insert—
| “Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 | Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007” |
(3)In Part 3 (appointments by Lord Chancellor to offices to which paragraph 2(2)(d) of Schedule 12 applies), at the end insert—
| “Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act | Section 7(7) of the Tribunals, Courts and Enforcement Act 2007 |
| Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 | Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 |
| Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 | Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 |
| Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 | Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 |
| Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 | Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 |
| Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007 | Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007” |