- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: