Paragraph 4

United Kingdom

F1(1)

A tribunal shall, as the Lord Chancellor mayF2 , after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, direct, either sit as a single tribunal or sit in two or more divisions and, subject to paragraph 5 below, shall, for the hearing of any proceedings, consist of—

(a)

a president who shall be

F3(i)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or

F4(ii)

a member of the Bar of Northern Ireland or F5solicitor of the Court of Judicature of Northern of at least F65 years’ standing, appointed by the Lord Chancellor, and

(b)

two other members appointed by the Secretary of State, one being a person of experience in business and the other being a person of experience in finance.

F7(2)

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

(3)

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(4)

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a)

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)

a Lord Justice of Appeal (as defined in section 88 of that Act).

Annotations

Textual amendments

F1: Sch. 3 para. 4(1): Sch. 3 para. 4 renumbered as Sch. 3 para. 4(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 81(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F2: Words in Sch. 3 para. 4(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 81(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F3: Sch. 3 para. 4(1)(a)(i) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 12(2); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F4: Sch. 3 para. 4(a)(i)(ii) substituted for words by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 39
F5: Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)
F6: Word in Sch. 3 para. 4(1)(a)(ii) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 12(3); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F7: Sch. 3 para. 4(2)-(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 81(2)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)