Tribunals, Courts and Enforcement Act 2007

29(1)The Social Security Act 1998 (c. 14) is amended as follows.

(2)In section 5(2) (President of appeal tribunals)—

(a)for paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)in paragraph (b), for “10” substitute “7”.

(3)In section 7(2) (constitution of appeal tribunals), for paragraph (a) substitute—

“(a)be a solicitor of the Senior Courts of England and Wales, a barrister in England and Wales or have a qualification that is specified under subsection (6A); or”.

(4)In section 7, after subsection (6) insert—

“(6A)The Lord Chancellor may by order specify a qualification for the purposes of subsection (2)(a) above.

(6B)Subsections (2) to (4), (9) and (10) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (6A) above as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6C)For the purposes of subsection (2)(a) above, a person shall be taken first to become a barrister—

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(6D)For the purposes of subsection (2)(a) above, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (6A) above, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.”

(5)In section 80 (parliamentary control of regulations), after subsection (3) insert—

“(4)No order shall be made by the Lord Chancellor under section 7(6A) above unless a draft of the statutory instrument containing the order has been laid before Parliament and been approved by a resolution of each House of Parliament.”

(6)In paragraph 1(1) of Schedule 4 (Social Security Commissioners), for the words from “have” to “standing” substitute “satisfy the judicial-appointment eligibility condition on a 7-year basis or advocates or solicitors in Scotland of at least 7 years' standing”.

(7)In paragraph 1(2) of that Schedule (deputy Commissioners)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)in paragraphs (b) and (c), for “10” substitute “7”.

(8)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 7(2)(a) substituted by sub-paragraph (3) is to be read as a reference to the Supreme Court.