Part 1Tribunals and Inquiries

Chapter 2First-tier Tribunal and Upper Tribunal

Members and composition of tribunals

4Judges and other members of the First-tier Tribunal

(1)A person is a judge of the First-tier Tribunal if the person—

(a)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2,

(b)is a transferred-in judge of the First-tier Tribunal (see section 31(2)),

(c)is a judge of the Upper Tribunal,

(d)is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (legally qualified members) and is not a judge of the Upper Tribunal, or

(e)is a member of a panel of chairmen of employment tribunals.

(2)A person is also a judge of the First-tier Tribunal, but only as regards functions of the tribunal in relation to appeals such as are mentioned in subsection (1) of section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), if the person is an adjudicator appointed under that section by the Scottish Ministers.

(3)A person is one of the other members of the First-tier Tribunal if the person—

(a)is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2,

(b)is a transferred-in other member of the First-tier Tribunal (see section 31(2)),

(c)is one of the other members of the Upper Tribunal, or

(d)is a member of a panel of members of employment tribunals that is not a panel of chairmen of employment tribunals.

(4)Schedule 2—

  • contains provision for the appointment of persons to be judges or other members of the First-tier Tribunal, and

  • makes further provision in connection with judges and other members of the First-tier Tribunal.