Crime and Courts Act 2013

Valid from 01/10/2013

Part 4 U.K. Deployment of judges to the First-tier Tribunal and the Upper Tribunal

6 U.K. The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

7 U.K. In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—

“(ca) is within section 6A,”.

8 (1) Section 6(1) (certain judges who are also judges of the First-tier Tribunal and the Upper Tribunal) is amended as follows. U.K.

(2) Before paragraph (a) insert—

“(za) is the Lord Chief Justice of England and Wales,

(zb) is the Master of the Rolls,

(zc) is the President of the Queen's Bench Division of the High Court in England and Wales,

(zd) is the President of the Family Division of the High Court in England and Wales,

(ze) is the Chancellor of the High Court in England and Wales,”.

(3) After paragraph (d) insert—

“(da) is a deputy judge of the High Court in England and Wales,

(db) is the Judge Advocate General,”.

9 U.K. After section 6 insert—

“6A Certain judges who are also judges of the First-tier Tribunal

A person is within this section (and so, by virtue of section 4(1)(ca), is a judge of the First-tier Tribunal) if the person—

(a) is a deputy Circuit judge,

(b) is a Recorder,

(c) is a person who holds an office listed—

(i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

(d) is a deputy district judge appointed under section 102 of that Act or section 8 of the County Courts Act 1984,

(e) is a Deputy District Judge (Magistrates' Courts), or

(f) is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).”

10 (1) In paragraph 6(3)(a) of each of Schedules 2 and 3 (requests to certain judges to act as judges of First-tier Tribunal or Upper Tribunal may be made only with the concurrence of the Lord Chief Justice) omit the “or” at the end of sub-paragraph (iv) and, after sub-paragraph (v), insert “, U.K.

(vi) the Master of the Rolls,

(vii) the President of the Queen's Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;”.

(2) In paragraph 6 of Schedule 2 (judges by request of First-tier Tribunal) after sub-paragraph (3) insert—

“(3A) A request made under sub-paragraph (2) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be made only with the concurrence of the Lord Chief Justice of England and Wales.”