Section 5D — Tribunals, Courts and Enforcement Act 2007: Judicial assistance

Judicial assistance 5D 1 Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

2 The provision has effect only if—

a the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals, b its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

c its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

d its operation as respects a particular relevant judge requires—

i the consent of the relevant judge, and ii the appropriate consent (see subsection (3)),

and e it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of chairmen of employment tribunals.

3 In subsection (2)(d)(ii) “ the appropriate consent ” means—

a the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

i an ordinary judge of the Court of Appeal in England and Wales, ii a puisne judge of the High Court in England and Wales, iii a circuit judge, iv a district judge in England and Wales, or v a District Judge (Magistrates' Courts);

b the consent of the Lord President of the Court of Session where the relevant judge is—

i a judge of the Court of Session, or ii a sheriff;

c the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

i a Lord Justice of Appeal in Northern Ireland, ii a puisne judge of the High Court in Northern Ireland, iii a county court judge in Northern Ireland, or iv a district judge in Northern Ireland.

4 In this section—

a “ relevant tribunal judge ” means—

i a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, ii a transferred-in judge of the First-tier Tribunal, iii a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act, iv a transferred-in judge of the Upper Tribunal, v a deputy judge of the Upper Tribunal, or vi a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

b “ relevant judge ” means a person who—

i is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

ii is a Lord Justice of Appeal in Northern Ireland, iii is a judge of the Court of Session, iv is a puisne judge of the High Court in England and Wales or Northern Ireland, v is a circuit judge, vi is a sheriff in Scotland, vii is a county court judge in Northern Ireland, viii is a district judge in England and Wales or Northern Ireland, or ix is a District Judge (Magistrates' Courts).

5 References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.