OpenLegislation

Regulation 4 Composition of the CommissionI1

United Kingdom

(1)

Of the F115 other Commissioners—

(a)

7 must be holders of judicial office,

(b)

5 must be lay members, and

(c)

F23 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 1981f1;

(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 2007f2;

(b)

transferred-in judge of the First-tier Tribunal (see section 31(2) of that Actf3);

(c)

Regional Employment Judge appointed under regulation 6(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004f4;

(d)

Employment Judge (England and Wales) appointed under regulation 8(1) and (3)(a) of those Regulationsf5.

(4)

Of the F33 Commissioners appointed who are persons practising or employed as lawyers—

(a)

each person must hold a qualification listed in paragraph (5),

F4(b)

but they must each hold a different qualification.

(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.

Annotations

Textual amendments

F1

Word in reg. 4(1) substituted (17.12.2025) by The Judicial Appointments Commission (Amendment) Regulations 2025 (S.I. 2025/1335), regs. 1(b), 2(3)(a)

F2

Word in reg. 4(1)(c) substituted (17.12.2025) by The Judicial Appointments Commission (Amendment) Regulations 2025 (S.I. 2025/1335), regs. 1(b), 2(3)(b)

F3

Word in reg. 4(4) substituted (17.12.2025) by The Judicial Appointments Commission (Amendment) Regulations 2025 (S.I. 2025/1335), regs. 1(b), 2(3)(c)

F4

Reg. 4(b) substituted (17.12.2025) by The Judicial Appointments Commission (Amendment) Regulations 2025 (S.I. 2025/1335), regs. 1(b), 2(3)(d)

Commencement

I1

Reg. 4 in force at 4.9.2013, see reg. 1

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

2007 c.15.

f3

2007 c.15.

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.