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The Judicial Appointments (Amendment) Order 2023

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2023, ISBN 9780348247923

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 51(14) of the Tribunals, Courts and Enforcement Act 2007 (c. 15), for approval by resolution of each House of Parliament.

TRIBUNALS AND INQUIRIES

JUDICIAL APPOINTMENTS AND DISCIPLINE

Made

Coming into force in accordance with article 1

The Lord Chancellor makes this Order in exercise of the powers conferred by section 51(1) of the Tribunals, Courts and Enforcement Act 2007f1.

The Lord Chancellor has consulted the Lord Chief Justice of England and Wales and the Judicial Appointments Commission in accordance with section 51(9) of the Tribunals, Courts and Enforcement Act 2007.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 51(14) of the Tribunals, Courts and Enforcement Act 2007.

Annotations to the whole text

Footnotes

f1

2007 c. 15; section 51 was amended by the Legal Services Act 2007 (c. 29), Schedule 21, paragraph 162.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Judicial Appointments Order 2008
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Judicial Appointments (Amendment) Order 2023 and comes into force on the day after the day on which it is made.

2Amendment of the Judicial Appointments Order 2008

(1)

The Judicial Appointments Order 2008f1 is amended as follows.

(2)

In Part 1 of Schedule 1 (offices for which a fellow of the Institute of Legal Executives holds a relevant qualification)—

(a)

omit the fourth entry;

(b)

in the fifth entry, for “Member of panel of chairmen” substitute “Member of a panel of Employment Judges”;

(c)

for the final entry, substitute “Adjudicators appointed under regulation 16 of the Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013”f2.

(3)

In Part 2 of Schedule 1, after the final entry insert—

  • “Judge of the Upper Tribunal appointed under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007f3,

  • Deputy Judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007f4,

  • Recorder appointed under section 21(2) of the Courts Act 1971f5.”.

Signature

Name

Lord Chancellor

Ministry of Justice

Explanatory note

(This note is not part of the Order)

This Order amends the Judicial Appointments Order 2008 to extend eligibility for Fellows of the Chartered Institute of Legal Executives to be appointed as Deputy Judges of the Upper Tribunal, Judges of the Upper Tribunal and Recorders, provided that they meet the required qualification period (7 years as at the date of this Order). It also makes minor updating amendments to reflect current legislation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.