Legislation – Tribunals, Courts and Enforcement Act 2007
Changes to legislation:
Tribunals, Courts and Enforcement Act 2007, Paragraph 5 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 4 Paragraph 5:
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
SCHEDULE 4Chambers and Chamber Presidents: further provision
Part 1Chamber Presidents: appointment, delegation, deputies and further provision
Deputy Chamber Presidents
5
(1)
The F1Senior President of Tribunals may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber.
(2)
The Senior President of Tribunals may appoint a person who is a Deputy Chamber President of a chamber to be instead, or to be also, a Deputy Chamber President of another chamber.
(3)
The power under sub-paragraph (1) is exercisable in any particular case only if the F2Senior President of Tribunals—
(a)
has consulted the F3Lord Chancellor about whether a Deputy Chamber President should be appointed for the chamber concerned, and
(b)
considers, in the light of the consultation, that a Deputy Chamber President of the chamber should be appointed.
(4)
A person is eligible for appointment under sub-paragraph (1) only if—
(a)
he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,
(b)
he is a transferred-in judge of the Upper Tribunal (see section 31(2)),
(c)
he is a judge of the Upper Tribunal by virtue of—
-
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-
section 5(1)(e)
(Social Security Commissioner for Northern Ireland), -
section 5(1)(g)
(certain judges of courts in the United Kingdom), or -
section 5(1)(h)
(deputy judge of the Upper Tribunal), or
(d)
he falls within none of paragraphs (a) to (c) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).
(5)
If the F5Senior President of Tribunals, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the F5Senior President of Tribunals must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.
(6)
If the F5Senior President of Tribunals, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the F5Senior President of Tribunals must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.
(7)
If the F5Senior President of Tribunals, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the F5Senior President of Tribunals must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.
F6(7A)
The Senior President of Tribunals may make a request under sub-paragraph (5), (6) or (7) only with the Lord Chancellor’s concurrence.
(8)
If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the F7Senior President of Tribunals must appoint the nominated judge as a Deputy Chamber President of the chamber concerned.
(9)
A Deputy Chamber President is to hold and vacate office as a Deputy Chamber President in accordance with the terms of his appointment F8but subject to paragraph 5A (and subject in the first place to the Judicial Pensions and Retirement Act 1993 (c. 8))F9, and those terms are to be such as the Lord Chancellor may determine.
(10)
The Lord Chancellor may pay to a Deputy Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—
(a)
remuneration;
(b)
allowances;
(c)
expenses.
(11)
In sub-paragraphs (1) and (2)
“chamber” means chamber of the First-tier Tribunal or chamber of the Upper Tribunal.