Section 40 — Tribunals, Courts and Enforcement Act 2007: Tribunal staff and services

Tribunal staff and services 40 1 The Lord Chancellor may appoint such staff as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

2 Subject to subsections (3) and (4), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

3 The Lord Chancellor may not enter into contracts for the provision of staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.

4 The Lord Chancellor may not enter into contracts for the provision of staff to carry out the administrative work of the tribunals unless an order made by the Lord Chancellor authorises him to do so.

5 Before making an order under subsection (4) the Lord Chancellor must consult the Senior President of Tribunals as to what effect (if any) the order might have on the proper and efficient administration of justice.

6 An order under subsection (4) may authorise the Lord Chancellor to enter into contracts for the provision of staff to discharge functions—

a wholly or to the extent specified in the order, b generally or in cases or areas specified in the order, and c unconditionally or subject to the fulfilment of conditions specified in the order.