Tribunals, Courts and Enforcement Act 2007

Part 2Tribunal Procedure Committee

Membership

20The Tribunal Procedure Committee is to consist of—

(a)the Senior President of Tribunals or a person nominated by him,

(b)the persons currently appointed by the Lord Chancellor under paragraph 21,

(c)the persons currently appointed by the Lord Chief Justice of England and Wales under paragraph 22,

(d)the person currently appointed by the Lord President of the Court of Session under paragraph 23, and

(e)any person currently appointed under paragraph 24 at the request of the Senior President of Tribunals.

Lord Chancellor’s appointees

21(1)The Lord Chancellor must appoint—

(a)three persons each of whom must be a person with experience of—

(i)practice in tribunals, or

(ii)advising persons involved in tribunal proceedings, and

(b)one person nominated by the Administrative Justice and Tribunals Council.

(2)Before making an appointment under sub-paragraph (1), the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

(3)Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in sub-paragraph (1)(b) is to be read as a reference to the Council on Tribunals; and if, when the Administrative Justice and Tribunals Council first has ten members so appointed, the person appointed under sub-paragraph (1)(b) is a nominee of the Council on Tribunals, that person ceases to be a member of the Tribunal Procedure Committee at that time.

Lord Chief Justice’s appointees

22(1)The Lord Chief Justice of England and Wales must appoint—

(a)one of the judges of the First-tier Tribunal,

(b)one of the judges of the Upper Tribunal, and

(c)one person who is a member of the First-tier Tribunal, or is a member of the Upper Tribunal, but is not a judge of the First-tier Tribunal and is not a judge of the Upper Tribunal.

(2)Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.

Lord President’s appointee

23(1)The Lord President of the Court of Session must appoint one person with experience in and knowledge of the Scottish legal system.

(2)Before making an appointment under sub-paragraph (1), the Lord President of the Court of Session must consult the Lord Chancellor.

Persons appointed at request of Senior President of Tribunals

24(1)At the request of the Senior President of Tribunals, an appropriate senior judge may appoint a person or persons with experience in and knowledge of—

(a)a particular issue, or

(b)a particular subject area in relation to which the First-tier Tribunal or the Upper Tribunal has, or is likely to have, jurisdiction,

for the purpose of assisting the Committee with regard to that issue or subject area.

(2)In sub-paragraph (1) “an appropriate senior judge” means any of—

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

(3)The total number of persons appointed at any time under sub-paragraph (1) must not exceed four.

(4)Before making an appointment under sub-paragraph (1), the person making the appointment must consult the Lord Chancellor.

(5)The terms of appointment of a person appointed under sub-paragraph (1) may (in particular) authorise him to act as a member of the Committee only in relation to matters specified by those terms.

Power to amend paragraphs 20 to 24

25(1)The Lord Chancellor may by order—

(a)amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and

(b)make consequential amendments in any other provision of paragraphs 21 to 24 or in paragraph 28(7).

(2)The making of an order under this paragraph—

(a)requires the concurrence of the Lord Chief Justice of England and Wales,

(b)if the order amends paragraph 23(1), requires also the concurrence of the Lord President of the Court of Session, and

(c)if the order amends paragraph 24(1), requires also the concurrence of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

Committee members' expenses

26The Lord Chancellor may reimburse members of the Tribunal Procedure Committee their travelling and out-of-pocket expenses.