Part 1Tribunals and Inquiries

Chapter 1Tribunal judiciary: independence and Senior President

1Independence of tribunal judiciary

In section 3 of the Constitutional Reform Act 2005 (c. 4) (guarantee of continued judicial independence), after subsection (7) insert—

7A

In this section “the judiciary” also includes every person who—

a

holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and

b

but for this subsection would not be a member of the judiciary for the purposes of this section.

7B

The offices are those of—

a

Senior President of Tribunals;

b

President of Employment Tribunals (Scotland);

c

Vice President of Employment Tribunals (Scotland);

d

member of a panel of chairmen of Employment Tribunals (Scotland);

e

member of a panel of members of employment tribunals that is not a panel of chairmen;

f

adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995.

2Senior President of Tribunals

1

Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person to the office of Senior President of Tribunals.

2

Schedule 1 makes further provision about the Senior President of Tribunals and about recommendations for appointment under subsection (1).

3

A holder of the office of Senior President of Tribunals must, in carrying out the functions of that office, have regard to—

a

the need for tribunals to be accessible,

b

the need for proceedings before tribunals—

i

to be fair, and

ii

to be handled quickly and efficiently,

c

the need for members of tribunals to be experts in the subject-matter of, or the law to be applied in, cases in which they decide matters, and

d

the need to develop innovative methods of resolving disputes that are of a type that may be brought before tribunals.

4

In subsection (3) “tribunals” means—

a

the First-tier Tribunal,

b

the Upper Tribunal,

c

employment tribunals,F1 and

d

the Employment Appeal Tribunal, F2. . .

e

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .