The Judicial Appointments Order 2008

Citation and commencement

1.—(1) This Order may be cited as the Judicial Appointments Order 2008.

(2) This Order shall come into force—

(a)for the purposes of article 7(b), on 30th November 2010; and

(b)for all other purposes five days after the day on which it is made.

Interpretation

2.  In this Order—

“the 1998 Act” means the Social Security Act 1998;

“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

“registered patent agent” has the meaning assigned to it by the Register of Patent Agents Rules 1990(1);

“registered trade mark agent” has the meaning assigned to it by the Register of Trade Mark Agents Rules 1990(2).

Specified qualifications under the 1998 Act

3.  For the purposes of section 7(2)(a) of the 1998 Act—

(a)the specified qualification is that the person is a Fellow of the Institute of Legal Executives; and

(b)a person shall be taken first to become a Fellow of the Institute of Legal Executives when the person is admitted or enrolled as a Fellow of the Institute of Legal Executives.

Specified and relevant qualifications under the 2007 Act

4.  Articles 5 and 6 are subject to articles 7 and 8.

5.  For the purposes of section 50(2) and (3) of the 2007 Act, a person holds a relevant qualification if the person is—

(a)a Fellow of the Institute of Legal Executives;

(b)a registered patent agent; or

(c)a registered trade mark agent.

6.  For the purposes of section 50 of the 2007 Act, a person shall be taken first to become—

(a)a Fellow of the Institute of Legal Executives when the person is admitted or enrolled as a Fellow of the Institute of Legal Executives;

(b)a registered patent agent when the person’s name is entered on the register of patent agents in accordance with the Register of Patent Agents Rules 1990; or

(c)a registered trade mark agent when the person’s name is entered on the register of trade mark agents in accordance with the Register of Trade Mark Agents Rules 1990.

Specified offices under the 2007 Act

7.  A person who is a Fellow of the Institute of Legal Executives holds a relevant qualification for the purposes of section 50(2) and (3) of the 2007 Act in relation to the offices specified in—

(a)Part 1 of Schedule 1 to this Order; and

(b)Part 2 of Schedule 1 to this Order.

8.  A person who is a registered patent agent or a registered trade mark agent holds a relevant qualification for the purposes of section 50(2) and (3) of the 2007 Act in relation to the offices specified in Schedule 2 to this Order.