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4.—(1) Of the 14 other Commissioners—
(a)7 must be holders of judicial office,
(b)5 must be lay members, and
(c)2 must be persons practising or employed as lawyers.
(2) Of the 7 Commissioners who are appointed as holders of judicial office—
(a)1 must be a Lord Justice of Appeal;
(b)1 must be a puisne judge of the High Court;
(c)1 must be a senior tribunal office-holder member;
(d)1 must be a circuit judge;
(e)1 must be a district judge of a county court, a District Judge (Magistrates’ Courts) or a person appointed to an office under section 89 of the Senior Courts Act 1981(1);
(f)1 must be a holder of an office listed in paragraph (3);
(g)1 must be a non-legally qualified judicial member.
(3) The offices referred to in paragraph (2)(f) are—
(a)judge of the First-tier Tribunal appointed under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007(2);
(b)transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act(3));
(c)Regional Employment Judge appointed under regulation 6(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(4);
(d)Employment Judge (England and Wales) appointed under regulation 8(1) and (3)(a) of those Regulations(5).
(4) Of the 2 Commissioners appointed who are persons practising or employed as lawyers—
(a)each person must hold a qualification listed in paragraph (5),
(b)but they must not hold the same qualification as each other.
(5) The qualifications referred to in paragraph (4) are—
(a)barrister in England and Wales;
(b)solicitor of the Senior Courts of England and Wales;
(c)fellow of the Chartered Institute of Legal Executives.
1981 c.54; section 89 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 3, paragraph 3 and by Schedule 11, paragraph 26.
S.I. 2004/1861, amended by S.I. 2008/2683.
S.I. 2004/1861, amended by S.I. 2008/2683 and 2008/3240.
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