SCHEDULES

SCHEDULE 13Judicial appointments

Part 4Judicial appointments: selection, and transfer of powers of Lord Chancellor

Senior President of Tribunals to make certain appointments to First-tier and Upper Tribunals

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(1)

Section 94B of the Constitutional Reform Act 2005 (certain appointments by Lord Chancellor not subject to section 85 but require concurrence of Senior President of Tribunals) is amended as follows.

(2)

For subsection (1)(b) (concurrence requirement) substitute—

“(b)

the person who has the power to make the appointment, whether the Lord Chancellor or the Senior President of Tribunals, may not make the appointment without the concurrence of the other of them.”

(3)

In subsection (2) (Lord Chancellor must also consult Lord Chief Justice in certain cases) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

(4)

After subsection (5) insert—

“(6)

Section 8(1) of the Tribunals, Courts and Enforcement Act 2007 (power of Senior President of Tribunals to delegate functions) does not apply to—

(a)

the Senior President of Tribunals' function of concurring under subsection (1)(b), or

(b)

the Senior President of Tribunals' function under subsection (2).”