Regulation 4 Composition of the Commission
Of the 14 other Commissioners—
7 must be holders of judicial office,
5 must be lay members, and
2 must be persons practising or employed as lawyers.
Of the 7 Commissioners who are appointed as holders of judicial office—
1 must be a Lord Justice of Appeal;
1 must be a puisne judge of the High Court;
1 must be a senior tribunal office-holder member;
1 must be a circuit judge;
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 1981f1;
1 must be a holder of an office listed in paragraph (3);
1 must be a non-legally qualified judicial member.
The offices referred to in paragraph (2)(f) are—
judge of the First-tier Tribunal appointed under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007f2;
transferred-in judge of the First-tier Tribunal (see section 31(2) of that Actf3);
Regional Employment Judge appointed under regulation 6(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004f4;
Employment Judge (England and Wales) appointed under regulation 8(1) and (3)(a) of those Regulationsf5.
Of the 2 Commissioners appointed who are persons practising or employed as lawyers—
each person must hold a qualification listed in paragraph (5),
but they must not hold the same qualification as each other.
The qualifications referred to in paragraph (4) are—
barrister in England and Wales;
solicitor of the Senior Courts of England and Wales;
fellow of the Chartered Institute of Legal Executives.
Annotations
Footnotes
- f1
-
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.
- f2
- f3
- f4
-
S.I. 2004/1861, amended by S.I. 2008/2683.
- f5
-
S.I. 2004/1861, amended by S.I. 2008/2683 and 2008/3240.