OpenLegislation

Paragraph 2

United Kingdom

(1)

The F1Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals appoints under section 7(7) a person within—

  • section 6(1)(a) (ordinary judge of Court of Appeal in England and Wales),

  • section 6(1)(b) (Lord Justice of Appeal in Northern Ireland),

  • section 6(1)(c) (judge of the Court of Session), or

  • section 6(1)(d) (puisne judge of the High Court in England and Wales or Northern Ireland).

(2)

If the F2Senior President of Tribunals, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Senior President of Tribunals must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(3)

If the Senior President of Tribunals, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Senior President of Tribunals must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(4)

If the Senior President of Tribunals, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Senior President of Tribunals must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

F3(4A)

The Senior President of Tribunals may make a request under sub-paragraph (2), (3) or (4) only with the Lord Chancellor's concurrence.

(5)

If a judge is nominated under sub-paragraph (2), (3) or (4) in response to a request under that sub-paragraph, the F4Senior President of Tribunals must appoint the nominated judge as Chamber President of the chamber concerned.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F2

Words in Sch. 4 para. 2(2)-(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F3

Sch. 4 para. 2(4A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F4

Words in Sch. 4 para. 2(5) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Notes on Appointment as Chamber President under section 7(7): consultation and nomination

Textual amendments

F1

Words in Sch. 4 para. 2 cross-heading substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)